Case: Townsend v. Quasim

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Ninth Circuit

Townsend v. Arnold-Williams

NOTICE of petition for REMOVAL by defendant from King Cty Sup Ct, Case Number: 00−2−11158−4 SEA Receipt No. 500071 (PM) (Entered: 06/06/2000)

ANSWER to complaint [1−2] by defendant Lyle Quasim (CL) (Entered: 06/13/2000)

SUPPLEMENTATION OF STATE COURT RECORD by defendant Lyle Quasim (CL) (Entered: 06/13/2000)

MAIL RETURNED: re letter to cnsl on removal; addressed to Alan Smith. Re−mailed to correct address. (PM) Modified on 06/23/2000 (Entered: 06/16/2000)

ORDER re: DISCOVERY and DEPOSITIONS by Judge Thomas S. Zilly (cc: counsel, Judge) (TG) (Entered: 07/11/2000)

ORDER/NOTICE OF JOINT STATUS REPORT Joint Status Report due 8/18/00 (cc: counsel, Judge) (TG) (Entered: 07/11/2000)

MOTION by plaintiff for class certification NOTED FOR 8/18/00 (KERR) (Entered: 08/03/2000)

DECLARATION of Andrea Brenneke by plaintiff re motion for class certification [7−1] (KERR) (Entered: 08/03/2000)

DECLARATION of Adonaca Moore by plaintiff re motion for class certification [7−1] (KERR) (Entered: 08/03/2000)

DECLARATION of Abron Moore by plaintiff re motion for class certification [7−1] (KERR) (Entered: 08/03/2000)

DECLARATION of Beverly Edwards by plaintiff re motion for class certification [7−1] (KERR) (Entered: 08/03/2000)

DECLARATION of Joanne Morrow by plaintiff re motion for class certification [7−1] (KERR) (Entered: 08/03/2000)

DECLARATION of Brad Lampman by plaintiff re motion for class certification [7−1] (KERR) (Entered: 08/03/2000)

AFFIDAVIT OF SERVICE by plaintiff of motion for class certification [7−1] etc (KERR) (Entered: 08/03/2000)

LODGED ORDER: re: motion for class certification [7−1] (KERR) (Entered: 08/03/2000)

PRAECIPE: by plaintiff re: please supplement the motion for class certification [7−1] w/ the decl of Terra McCaffree and decl of Richard Einar (KERR) (Entered: 08/14/2000)

DECLARATION of Terra McCaffree by plaintiff re motion for class certification [7−1] (KERR) (Entered: 08/14/2000)

DECLARATION of Richard M Einar by plaintiff re motion for class certification [7−1] (KERR) (Entered: 08/14/2000)

AFFIDAVIT OF SERVICE by plaintiff of praecipe [16−1] etc (KERR) (Entered: 08/14/2000)

MEMORANDUM by defendant in opposition to motion for class certification [7−1] (MD) (Entered: 08/18/2000)

DECLARATION of Bill Moss re: memorandum [20−1] (MD) (Entered: 08/18/2000)

DECLARATION of Lorrie Mahar re: memorandum [20−1] (MD) (Entered: 08/18/2000)

REPLY by plaintiff TO RESPONSE to motion for class certification [7−1] (VK) (Entered: 08/21/2000)

DECLARATION of Katrin E. Frank by plaintiff re: motion reply [23−1] (VK) (Entered: 08/21/2000)

Second DECLARATION of Terra McCaffree by plaintiff re: motion reply [23−1] (VK) (Entered: 08/21/2000)

AFFIDAVIT OF SERVICE by plaintiff of motion reply [23−1] etc. (VK) (Entered: 08/21/2000)

JOINT STATUS REPORT filed by all parties. Est. Trial Days: 5 (CL) (Entered: 08/22/2000)

MOTION by defendant Lyle Quasim to strike declrs in support of pltf's mtn for class certif. NOTED FOR 9/8/00 (CL) (Entered: 08/23/2000)

MEMORANDUM by defendant Lyle Quasim in support of motion to strike declrs in support of pltf's mtn for class certif. [28−1] (CL) (Entered: 08/23/2000)

MOTION by defendant Lyle Quasim to shorten time on motion to strike declrs in support of pltf's mtn for class certif. [28−1] NOTED FOR 8/25/00 (CL) (Entered: 08/23/2000)

DECLARATION of Alan Smith by defendant Lyle Quasim n support of motion to shorten time on motion to strike declrs in support of pltf's mtn for class certif. [28−1] [30−1] (CL) (Entered: 08/23/2000)

LODGED ORDER: re: motion to strike declrs in support of pltf's mtn for class certif. [28−1] (CL) (Entered: 08/23/2000)

LODGED ORDER: re: motion to shorten time on motion to strike declrs in support of pltf's mtn for class certif. [28−1] [30−1] (CL) (Entered: 08/23/2000)

RESPONSE by plaintiff to motion to strike declrs in support of pltf's mtn for class certif. [28−1] (KERR) (Entered: 08/28/2000)

DECLARATION of Katrin Frank by plaintiff re: motion response [32−1] (KERR) (Entered: 08/28/2000)

REPLY by defendant TO RESPONSE to motion to strike declrs in support of pltf's mtn for class certif. [28−1] (KERR) (Entered: 08/29/2000)

DECLARATION of Alan Smith by defendant re: motion reply [35−1] (KERR) (Entered: 08/29/2000)

MINUTE ORDER is made by direction of the Court, the Honorable Thomas S. Zilly, US District Judge. The Court DENIES dft's motion to shorten time on motion to strike declrs in support of mtn for class certif. [28−1] [30−1]. The Court will consider dft's underlying mtn to strike declarations (docket #28) contemporaneously with mtn for class certification. RENOTED FOR 9/8/00 motion for class certification [7−1] (cc: counsel, Judge) (CL) (Entered: 08/30/2000)

ORDER REGARDING SCHEDULING AND OTHER PRETRIAL MATTERS by Judge Thomas S. Zilly ; discovery ddl set 6/19/01 ; mtn filing ddl set 6/21/01 ; pretrial order ddl set 8/29/01 ; pretrial conf set 8/31/01 ; trial brief ddl set 9/12/01 ; trial set 9/17/01 , Motions in Limine deadline 8/16/01 ; Deadline to Join Additional Parties is 12/31/00 ; Disclose Expert Witnesses by 4/20/01 ; Disclose Rebuttal Expert Witnesses by 5/21/01; estimated length of trial 4−5 days. (cc: counsel, Judge) (CL) (Entered: 09/06/2000)

ORDER DESIGNATING CASE FOR MEDIATION by Judge Thomas S. Zilly. Mediation will be completed within 60 days after completion of discovery. (cc: counsel, Judge) (CL) (Entered: 09/06/2000)

MINUTE ORDER is made by direction of the Court, the Honorable Thomas S. Zilly, US District Judge. The Court hereby GRANTS dft's request to file a sur−reply with respect to the additional declarations presented with pltf's mtn for class certification, docket #23. The sur−reply shall be filed with the Court by 9/22/00, and shall not exceed (6) pages. Pltf's mtn to certify class, docket #7, is RENOTED for 9/22/00. (cc: counsel, Judge,) (CL) (Entered: 09/13/2000)

SUR−REPLY by defendant Lyle Quasim re: on deft's answer to motion for class certification [7−1] (MD) (Entered: 09/25/2000)

DECLARATION of Penny Black re: reply [41−1] (MD) (Entered: 09/25/2000)

NOTICE by defendant Lyle Quasim of ASSOCIATION OF ATTORNEY David R Goodnight w/Alan Smith (MD) (Entered: 10/24/2000)

MINUTES of oral argument: TSZ; Dep Clerk: CC; CR: Sue Palmerton; Counsel K. Frank, A. Smith, R. Latsinova; GRANTING motion to strike declrs in support of pltf's mtn for class certif. [28−1]; GRANTING motion for class certification [7−1]; court directs counsel to draft order re class (VK) (Entered: 10/24/2000)

LODGED ORDER: stipulation and order re: definition of class (MD) (Entered: 01/29/2001)

STIPULATION and ORDER by Judge Thomas S. Zilly re: definition of class (cc: counsel, Judge) (MD) (Entered: 02/01/2001)

MOTION and memorandum by defendant to stay discovery noted for 3/23/01 (MD) (Entered: 03/09/2001)

DECLARATION of Alan Smith re motion to stay discovery [46−1] (MD) (Entered: 03/09/2001)

MOTION and memorandum by defendant for summary judgment, Oral argument requested NOTED FOR 3/30/01 (MD) (Entered: 03/09/2001)

DECLARATION of Alan Smith re motion for summary judgment, Oral argument requested [48−1] (MD) (Entered: 03/09/2001)

LODGED ORDER: re: motion to stay discovery [46−1] (MD) (Entered: 03/09/2001)

LODGED ORDER: re: motion for summary judgment, Oral argument requested [48−1] (MD) (Entered: 03/09/2001)

RESPONSE by plaintiff to deft's motion to stay discovery [46−1] (MD) (Entered: 03/20/2001)

AFFIDAVIT OF SERVICE OF DEPOSITION SUBPOENA of Katrin E. Frank on 3/14/01 (MD) (Entered: 03/22/2001)

REPLY by defendant's re: motion to stay discovery [46−1] (MD) (Entered: 03/26/2001)

DECLARATION (second) of Alan Smith re: reply [53−1] (MD) (Entered: 03/26/2001)

RESPONSE by plaintiff to deft's motion for summary judgment, Oral argument requested [48−1] (MD) (Entered: 03/28/2001)

DECLARATION of Andrea Brenneke re: motion response [55−1]w/attachments (MD) (Entered: 03/28/2001)

AFFIDAVIT OF SERVICE by plaintiff of motion response [55−1] (MD) (Entered: 03/28/2001)

PRAECIPE: by plaintiff to subst pages 20 &21 re: motion response [55−1] (MD) (Entered: 03/30/2001)

REPLY by defendant Lyle Quasim re: on deft's motion for sj, oral argument requested [48−1] (MD) (Entered: 04/02/2001)

EXPERT WITNESS DISCLOSED by defendant Lyle Quasim (CL) (Entered: 04/24/2001)

MINUTE ORDER: by Judge Thomas S. Zilly RE−NOTED FOR 5/23/01 motion for summary judgment, Oral argument requested [48−1], DENYING motion to stay discovery until the motion for sj is decided. [46−1] Oral hrg set for 10:00 5/23/01 re: motion for sj (cc: counsel, Judge) (MD) (Entered: 04/26/2001)

LETTER from Katrin Frank confirm oral argument on sj cont to 5/22/01 at 1:30 p.m. (MD) (Entered: 05/01/2001)

SUPPLEMENTAL Disclosure by defendant Lyle Quasim re: witness expert [60−1] (VB) (Entered: 05/10/2001)

SUBMISSION SUPPLEMENTAL AUTHORITY by defendant re motion for summary judgment, Oral argument requested [48−1] (MD) (Entered: 05/18/2001)

MINUTES: TSZ; Dep Clerk: Elva; CR: Caroline Castle; Pla Counsel Katrin Frank; Def Counsel Rita Latsinova/Alan Smith. Oral argument on defts motion for sj and court takes under submission. Discovery ddl extended to 7/20/01 (MD) (Entered: 05/23/2001)

MOTION AND MEMORANDUM IN SUPPORT by plaintiffs for leave to file amd complaint NOTED FOR 6/15/01 (KERR) (Entered: 05/30/2001)

MOTION by plaintiff to shorten time on motion for leave to file amd complaint [66−1] NOTED FOR 6/1/01 (KERR) (Entered: 05/30/2001)

CERTIFIED STATEMENT OF KATRIN FRANK by plaintiff in support of motion to shorten time on motion for leave to file amd complaint [66−1] [67−1] (KERR) (Entered: 05/30/2001)

LODGED ORDER: re: motion to shorten time on motion for leave to file amd complaint [66−1] [67−1] (KERR) (Entered: 05/30/2001)

LODGED ORDER: re: motion for leave to file amd complaint [66−1] (KERR) (Entered: 05/30/2001)

MEMORANDUM by defendant in opposition to pltfs' motion for leave to file amd complaint [66−1] (MD) (Entered: 06/05/2001)

REPLY by plaintiff re: in support of their motion for leave to file amended complaint [66−1] (MD) (Entered: 06/11/2001)

STATEMENT (certified) of Katrin E. Frank in support of pltfs' re: reply [71−1] (MD) (Entered: 06/11/2001)

AFFIDAVIT OF SERVICE by plaintiff Levi Townsend of reply [71−1] (MD) (Entered: 06/11/2001)

MINUTE ORDER: by Judge Thomas S. Zilly GRANTING pltf's unopposed motion to shorten time on motion for leave to file amd complaint [66−1] [67−1], GRANTING pltf's motion for leave to file amd complaint [66−1] (cc: counsel, Judge) (MD) (Entered: 06/18/2001)

AMENDED COMPLAINT [1−2] by plaintiff Levi Townsend (MD) (Entered: 06/21/2001)

ORDER by Judge Thomas S. Zilly GRANTING pltfs' motion for leave to file amd complaint [66−1] (cc: counsel, Judge) (MD) (Entered: 06/19/2001)

ORDER by Judge Thomas S. Zilly GRANTING Deft's motion for summary judgment [48−1] (cc: counsel, Judge) (MD) (Entered: 06/21/2001)

JUDGMENT: by Judge Thomas S. Zilly, Court grants the deft's motion for sj and this action is hereby dismissed with prejudice. (cc: counsel, Judge, Jgm. Book) Entered on: 7/11/01 (MD) (Entered: 07/11/2001)

TRANSCRIPT of proceedings for the following date(s): 05/22/01 (Re: Deft's Motion for Summary Judgment) CR initials: C. Castle (SA) (Entered: 07/11/2001)

NOTICE OF APPEAL by plaintiff Levi Townsend from Dist. Court decision [76−1], [78−1] (cc: CCA, Judge, counsel) (SA) (Entered: 07/23/2001)

APPEAL FEE RECEIVED: Appellant paid fee in the amount of $105.00 (Receipt #601383) (SA) (Entered: 07/23/2001)

Civil Appeals Docketing Statement, by plaintiff Levi Townsend , forwarded to the Mediator's Office in Seattle. [80−1] (SA) (Entered: 07/23/2001)

APPEAL NOTIFICATION packet sent to CCA (cc: cnsl) (SA) (Entered: 07/23/2001)

NOTIFICATION by Circuit Court of Appellate Docket Number 01−35689 (SA) (Entered: 08/09/2001)

TIME SCHEDULE ORDER (CCA 01−35689) Appellant notify appellee of trans. ordered by 7/30/01; appellee notify appellant of additional trans. by 8/7/01 ; appellant file trans with district court 8/17/01; Court Reporter file trans. 9/17/01; Appellant opening brief due 11/5/01; Appellee brief due 12/3/01; Reply brief due w/in 14 days of service of appellee brief(cc:CR) (SA) (Entered: 08/09/2001)

TRANSCRIPT DESIGNATION and Ordering Form for dates: 5/22/01 [80−1](filed by Katrin Frank) (SA) (Entered: 08/10/2001)

CERTIFICATE OF RECORD Transmitted to USCA (cc: all counsel) (SA) (Entered: 08/10/2001)

CLERK'S RECORD ON APPEAL transmitted to Circuit (4 vol.) (SA) (Entered: 08/05/2002)

MANDATE of USCA as to 80 Notice of Appeal filed by Levi Townsend case REVERSED and REMANDED back to the district court. (cc: counsel, TSZ) (SA, ) (Entered: 06/25/2003)

MINUTE ORDER is made by direction of the Court, the Honorable Thomas S. Zilly.In−chambers Status Conference set for 10/2/2003 03:00 PM before Hon. Thomas S. Zilly. (CL, ) (Entered: 09/24/2003)

MINUTE ENTRY for proceedings held before Judge Thomas S. Zilly − Dep Clerk: KC ; Pla Counsel: Katrin Frank, Andrea Brenneke ; Def Counsel: Alan Smith, William Williams ; Status Conference held on 10/2/2003. The Court hears from counsel re facts of the case. The following deadlines are set: Defendant's supplemental written discovery − Dec. 2, 2003. Disclosure of defendant's expert witnesses − Jan. 16, 2004. Disclosure of plaintiffs' rebuttal witnesses − April 16, 2004. Discovery cutoff − June 1, 2004. Last day for filing dispositive motions − June 18, 2004. Last day for settlement mediation − July 30, 2004. TRIAL − SEPTEMBER 27, 2004. The parties are directed to decide who the new class representative is within 60 days of this date. (CC,counsel) (Entered: 10/08/2003)

Set/Reset Trial Date and Related Deadlines: Jury Trial set for/will resume 9/27/2004 before Hon. Thomas S. Zilly. Discovery due by 6/1/2004; Dispositive motions due by 6/18/2004; 39.1 Settlement Report due by 7/30/2004, as per Minutes/docket #86 (CL, ) (Entered: 10/10/2003)

NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Margarita V Latsinova for for dft. (CL, ) Modified on 10/9/2003 (CL, ). (Entered: 10/09/2003)

NOTICE OF WITHDRAWAL OF COUNSEL: Attorney David R Goodnight for Defendant Lyle Quasim. (CL, ) (Entered: 10/16/2003)

MINUTE ENTRY for proceedings held before Judge Thomas S. Zilly − Dep Clerk: KC ; Pla Counsel: Kay Frank ; Def Counsel: Allan Smith ; Telephone Conference held on 11/26/2003. The Court continues all short−term deadlines to January 16, 1004. (CC,counsel) (Entered: 11/26/2003)

STIPULATED AGREEMENT AND ORDER STAYING CASE by Judge Thomas S. Zilly. Within 30 days of the entry of this Order, the dft shall pay pltfs' reasonable attorney fees and costs through January 16, 2004, in the amount of $175,000.00.(CL, ) (Entered: 01/22/2004)