Case: Roberts v. Sinclair

2:18-cv-00837 | U.S. District Court for the Western District of Washington

Filed Date: June 10, 2018

Closed Date: Dec. 29, 2020

Clearinghouse coding complete

Case Summary

A group of practicing Muslim prisoners at the Monroe Correctional Complex filed this lawsuit in the U.S. District Court for the Western District of Washington on June 10, 2018, alleging that prison staff deprived them of nighttime meals while they were fasting during Ramadan. Represented by the Center for American-Islamic Relations (CAIR), they brought this action against the Washington State Department of Corrections (DOC) and sought declaratory and emergency injunctive relief. According to th…

A group of practicing Muslim prisoners at the Monroe Correctional Complex filed this lawsuit in the U.S. District Court for the Western District of Washington on June 10, 2018, alleging that prison staff deprived them of nighttime meals while they were fasting during Ramadan. Represented by the Center for American-Islamic Relations (CAIR), they brought this action against the Washington State Department of Corrections (DOC) and sought declaratory and emergency injunctive relief. According to the plaintiffs, despite their requests, the prison chaplain refused to add them to a list of prisoners to be served specially-timed meals during the month of Ramadan (“the Ramadan List”), in effect subjecting them to a “starvation policy” because the normal schedule for meals at the prison all fell within the time of day when they are fasting. They alleged that this violated the First Amendment's Free Exercise Clause, the Fourteenth Amendment's Equal Protection Clause, the Eighth Amendment’s ban on cruel and unusual punishment, and the Religious Land Use and Institutionalized Persons Act (RLUIPA).

Along with their complaint, the plaintiffs also filed a motion for a temporary restraining order that would force the prison to provide them with legally adequate meals through the end of Ramadan; that motion was granted by District Judge Ronald B. Leighton the same day.

In its answer, the DOC denied virtually all of the pertinent allegations in the complaint. It disputed the plaintiffs’ contention that it refused to add them to the Ramadan List, maintaining that the prisoners had not signed up during the established sign-up period. It denied the existence of a “starvation policy” towards Muslims at the prison. Finally, it made a number of different affirmative defenses, including qualified immunity for state government officials. The case has been assigned to District Judge Ricardo S. Martinez.

The defendants filed a motion to dismiss on September 4, 2018. On October 3, 2018, in light of the plaintiffs' amended complaint, submitted on September 12, 2018, the court dismissed the defendants' motion as moot. The parties began discovery in preparation for the trial, scheduled for October 7, 2019.

The defendants moved for summary judgment on July 9, 2019. Their motion asserted that the plaintiffs had failed to exhaust administrative remedies before filing their amended complaint. Defendants also argued that the sign-up procedures for the "Ramadan List" did not significantly burden the plaintiffs' religious beliefs and served a compelling government interest, making the RLUIPA claims not viable. They defendants further asserted that they were entitled to qualified immunity on the constitutional claims.

The plaintiffs filed their own motion for summary judgment that same day. Their brief reasserted an argument for the validity of their RLUIPA claims, the 8th Amendment claim, and their Equal Protection and Free Exercise claim. They also argued that the defendants should not be entitled to qualified immunity.

The court granted the defendants motion for summary judgment on September 6, 2019 and dismissed all of the plaintiffs' claims as moot. 2019 WL 4246981. Defendants filed for costs on September 27, 2019. Their request was granted in part and denied in part on October 22, 2019.

The plaintiffs appealed the order granting the defendants motion for summary judgment to the Ninth Circuit. On December 29, 2020, the Ninth Circuit affirmed the decision. The Ninth Circuit found that the plaintiffs had failed to exhaust their available administrative remedies, and therefore could not bring their claims in court. The case is now closed.

Summary Authors

Alexander Walling (8/1/2018)

Alex Moody (3/25/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/7109940/parties/roberts-v-sinclair/


Judge(s)

Bumatay, Patrick Joseph (California)

Forrest, Danielle Jo (California)

Attorney for Plaintiff

Abbas, Gadeir Ibrahim (District of Columbia)

Gairson, Jay W. (Washington)

Attorney for Defendant

Feulner, Timothy J. (Washington)

Documents in the Clearinghouse

Documents in this case

2:18-cv-00837

0:19-35846

Docket [PACER]

Jan. 20, 2021

Jan. 20, 2021

Docket
73

2:18-cv-00837

Defendants' Motion for Summary Judgment

July 9, 2019

July 9, 2019

Pleading / Motion / Brief
79 & 79-1

2:18-cv-00837

Plaintiffs' Motion for Summary Judgment as to Liability and Permanent Injunctive Relief

July 9, 2019

July 9, 2019

Pleading / Motion / Brief
55

0:19-35846

2:18-cv-00837

Memorandum

U.S. Court of Appeals for the Ninth Circuit

Dec. 29, 2020

Dec. 29, 2020

Order/Opinion

832 Fed.Appx. 511

1

2:18-cv-00837

Civil Docket for Case #: 2:18-cv-00837-RSM

Jan. 20, 2021

Jan. 20, 2021

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7109940/roberts-v-sinclair/

Last updated April 1, 2026, 5:12 a.m.

ECF Number Date Description Link
1 June 10, 2018

COMPLAINT FOR DECLARATORY JUDGMENT AND EMERGENCY INJUNCTIVE RELIEF against defendant(s) Asin, Eric Askren, Bea Blowers, Jamie Dolan, EK, Henri Fischer, Robert Herzog, Jones, Bryan King, Julie Martin, Pete Maxson, Mike Obeland, Parks, Robinson, Rose, David Sherman, Brad Simpson, Stephen Sinclair, Belinda Stewart, Jeff Uttecht with JURY DEMAND (Receipt # 0981-5350389) Attorney Jay W. Gairson added to party Naim Lao(pty:pla), Attorney Jay W. Gairson added to party Jeremy Livingston(pty:pla), Attorney Jay W. Gairson added to party Mohamed Mohamed(pty:pla), Attorney Jay W. Gairson added to party Demario Roberts(pty:pla), filed by Mohamed Mohamed, Demario Roberts, Jeremy Livingston, Naim Lao. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Gairson, Jay) (Entered: 06/10/2018)

1 Civil Cover Sheet

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2 Summons

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2 June 10, 2018

MOTION for Temporary Restraining Order and/or Preliminary Injunction, filed by Plaintiffs Naim Lao, Jeremy Livingston, Mohamed Mohamed, Demario Roberts. Oral Argument Requested. (Attachments: # 1 Proposed Order Granting Plaintiffs' Motion for a Temporary Restraining Order, # 2 Exhibit Declaration of Ahmed M. Mohamed in Support of Plaintiffs' Ex Parte Motion for a Temporary Restraining Order And/Or Preliminary Injunction) Noting Date 6/10/2018, (Gairson, Jay) (Entered: 06/10/2018)

1 Proposed Order Granting Plaintiffs' Motion for a Temporary Restraining Orde

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2 Exhibit Declaration of Ahmed M. Mohamed in Support of Plaintiffs' Ex Parte

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3 June 10, 2018

APPLICATION OF ATTORNEY Lena F. Masri FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs Naim Lao, Jeremy Livingston, Mohamed Mohamed, Demario Roberts (Fee Paid) Receipt No. 0981-5350399 (Gairson, Jay) Correct secondary email for Attorney Lena Masri is 1353@ecf.pacerpro.com 6/11/2018 (DS). (Entered: 06/10/2018)

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4 June 10, 2018

APPLICATION OF ATTORNEY Gadeir I. Abbas FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs Naim Lao, Jeremy Livingston, Mohamed Mohamed, Demario Roberts (Fee Paid) Receipt No. 0981-5350400 (Gairson, Jay) (Entered: 06/10/2018)

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5 June 10, 2018

DECLARATION of Gadeir Abbas Regarding Rule 65 Notice filed by Plaintiffs Naim Lao, Jeremy Livingston, Mohamed Mohamed, Demario Roberts re 2 MOTION for Temporary Restraining Order and/or Preliminary Injunction (Gairson, Jay) (Entered: 06/10/2018)

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6 June 10, 2018

ORDER granting 2 Motion for TRO signed by Judge Ronald B. Leighton.(LAL)

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7 June 11, 2018

Summons(es) Electronically Issued as to defendant(s) Stephen Sinclair. (Filer submitted 20 summons(es) to be issued, however, each summons form was addressed to Mr. Sinclair and not to any of the other defendants.) (ST) (Entered: 06/11/2018)

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8 June 11, 2018

NOTICE TO FILER: re 1 Complaint,,,. Notice of Filing Deficiency** Action Required ** See Attached Letter for More Information and Instructions. (ST) (Entered: 06/11/2018)

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9 June 11, 2018

ORDER re 3 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Lena F Masri for Plaintiffs Naim Lao, Jeremy Livingston, Mohamed Mohamed and Demario Roberts, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) (Entered: 06/11/2018)

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10 June 11, 2018

PRAECIPE TO ISSUE SUMMONS by Plaintiffs Naim Lao, Jeremy Livingston, Mohamed Mohamed, Demario Roberts (Attachments: # 1 Summons Sergeant EK, # 2 Summons Julie Martin, # 3 Summons Robert Herzog, # 4 Summons Belinda Steward, # 5 Summons Jamie Dolan, # 6 Summons Bea Blowers, # 7 Summons Bryan King, # 8 Summons Brad Simpson, # 9 Summons Mike Obeland, # 10 Summons Jeffrey Uttecht, # 11 Summons David Sherman, # 12 Summons Eric Askren, # 13 Summons Henri Fischer, # 14 Summons Pete Maxson, # 15 Summons Lieutenant Asin, # 16 Summons Sgt Jones, # 17 Summons Sgt Robinson, # 18 Summons Sgt Parks, # 19 Summons Sgt Rose)(Gairson, Jay) (Entered: 06/11/2018)

1 Summons Sergeant EK

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2 Summons Julie Martin

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3 Summons Robert Herzog

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4 Summons Belinda Steward

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5 Summons Jamie Dolan

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6 Summons Bea Blowers

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7 Summons Bryan King

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8 Summons Brad Simpson

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9 Summons Mike Obeland

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10 Summons Jeffrey Uttecht

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11 Summons David Sherman

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12 Summons Eric Askren

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13 Summons Henri Fischer

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14 Summons Pete Maxson

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15 Summons Lieutenant Asin

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16 Summons Sgt Jones

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17 Summons Sgt Robinson

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18 Summons Sgt Parks

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19 Summons Sgt Rose

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11 June 11, 2018

ORDER re 4 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Gadeir Abbas for Plaintiffs Naim Lao, Jeremy Livingston, Mohamed Mohamed and Demario Roberts, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) (Entered: 06/11/2018)

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June 11, 2018

Judge Ricardo S Martinez and Hon. Brian A Tsuchida added. (ST)

June 11, 2018

Add and Terminate Judges

12 June 12, 2018

Summons(es) Electronically Issued as to defendant(s) Asin, Eric Askren, Bea Blowers, Jamie Dolan, EK, Henri Fischer, Robert Herzog, Jones, Bryan King, Julie Martin, Pete Maxson, Mike Obeland, Parks, Robinson, Rose, David Sherman, Brad Simpson, Stephen Sinclair, Belinda Stewart, Jeff Uttecht. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons, # 11 Summons, # 12 Summons, # 13 Summons, # 14 Summons, # 15 Summons, # 16 Summons, # 17 Summons, # 18 Summons)(ST) (Entered: 06/12/2018)

1 Summons

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2 Summons

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3 Summons

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4 Summons

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5 Summons

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6 Summons

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7 Summons

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8 Summons

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9 Summons

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10 Summons

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11 Summons

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12 Summons

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13 Summons

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14 Summons

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15 Summons

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16 Summons

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17 Summons

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18 Summons

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13 June 13, 2018

NOTICE of Appearance by attorney Timothy J Feulner on behalf of Defendant Stephen Sinclair. (Feulner, Timothy) (Entered: 06/13/2018)

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14 June 13, 2018

NOTICE of Appearance by attorney Timothy Norman Lang on behalf of Defendant Stephen Sinclair. (Lang, Timothy) (Entered: 06/13/2018)

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15 June 13, 2018

MOTION to Dissolve Ex Parte Order Granting TRO re 2 MOTION for Temporary Restraining Order and/or Preliminary Injunction, filed by Defendant Stephen Sinclair. (Attachments: # 1 Proposed Order) Noting Date 6/15/2018, (Feulner, Timothy) (Entered: 06/13/2018)

1 Proposed Order

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16 June 13, 2018

DECLARATION of Belinda Stewart filed by Defendant Stephen Sinclair re 15 MOTION to Dissolve Ex Parte Order Granting TRO re 2 MOTION for Temporary Restraining Order and/or Preliminary Injunction (Attachments: # 1 Exhibit pp. 8-44)(Feulner, Timothy) (Entered: 06/13/2018)

1 Exhibit pp. 8-44

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17 June 13, 2018

DECLARATION of Peter Maxson filed by Defendant Stephen Sinclair re 15 MOTION to Dissolve Ex Parte Order Granting TRO re 2 MOTION for Temporary Restraining Order and/or Preliminary Injunction (Attachments: # 1 Exhibit pp. 8-65)(Feulner, Timothy) (Entered: 06/13/2018)

1 Exhibit pp. 8-65

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18 June 13, 2018

DECLARATION of Ogechi Njoku filed by Defendant Stephen Sinclair re 15 MOTION to Dissolve Ex Parte Order Granting TRO re 2 MOTION for Temporary Restraining Order and/or Preliminary Injunction (Feulner, Timothy) (Entered: 06/13/2018)

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19 June 13, 2018

DECLARATION of Eric Hernandez filed by Defendant Stephen Sinclair re 15 MOTION to Dissolve Ex Parte Order Granting TRO re 2 MOTION for Temporary Restraining Order and/or Preliminary Injunction (Feulner, Timothy) (Entered: 06/13/2018)

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20 June 13, 2018

DECLARATION of Denise Vaughan filed by Defendant Stephen Sinclair re 15 MOTION to Dissolve Ex Parte Order Granting TRO re 2 MOTION for Temporary Restraining Order and/or Preliminary Injunction (Attachments: # 1 Exhibit pp. 4-21)(Feulner, Timothy) (Entered: 06/13/2018)

1 Exhibit pp. 4-21

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21 June 13, 2018

DECLARATION of Matthew Blair filed by Defendant Stephen Sinclair re 15 MOTION to Dissolve Ex Parte Order Granting TRO re 2 MOTION for Temporary Restraining Order and/or Preliminary Injunction (Attachments: # 1 Exhibit pp. 5-25)(Feulner, Timothy) (Entered: 06/13/2018)

1 Exhibit pp. 5-25

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22 June 15, 2018

AFFIDAVIT of Service of Summons and Complaint on Stephen Sinclair on 6/14/2018, filed by Plaintiffs Naim Lao, Jeremy Livingston, Mohamed Mohamed, Demario Roberts. (Attachments: # 1 Certificate of Service by hand on Defendant Stephen Sinclair, # 2 Certificate of Service by hand on the Washington Attorney General)(Masri, Lena) (Entered: 06/15/2018)

1 Certificate of Service by hand on Defendant Stephen Sinclair

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2 Certificate of Service by hand on the Washington Attorney General

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23 June 15, 2018

RESPONSE, by Plaintiffs Naim Lao, Jeremy Livingston, Mohamed Mohamed, Demario Roberts, to 15 MOTION to Dissolve Ex Parte Order Granting TRO re 2 MOTION for Temporary Restraining Order and/or Preliminary Injunction . (Masri, Lena) (Entered: 06/15/2018)

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24 June 15, 2018

MINUTE ENTRY for proceedings held before Chief Judge Ricardo S. Martinez; CRD: Paul Pierson; Plaintiffs' Counsel: Gadeir Abbas, Lena Masri & Carolyn Homer; Defendants' Counsel: Timothy Feulner & Timothy Lang; CR: Not present; Time of Hearing: 2:00 p.m.; Courtroom: In Chambers;Motion Hearing was held on 6/15/2018 re 15 MOTION to Dissolve Ex Parte Order Granting TRO re 2 MOTION for Temporary Restraining Order and/or Preliminary Injunction filed by Stephen Sinclair. The case was called and counsel stated their appearance. The Court briefly reviewed the procedural history, pleadings filed and inquired of counsel regarding recent developments. The Court advised counsel that a written order shall issue later today. (PP) Modified on 6/18/2018 to edit typo only (KB). (Entered: 06/15/2018)

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25 June 15, 2018

ORDER denying as moot Defendant Sinclair's 15 Motion to Dissolve Ex Parte Order Granting Temporary Restraining Order. Signed by Judge Ricardo S Martinez. (PM)

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June 15, 2018

Set/Reset Hearings

June 15, 2018

Set Telephonic Hearing: Motion to Dissolve TRO Hearing set for 6/15/2018 at 02:00 PM before Chief Judge Ricardo S. Martinez via telephonic conference. Parties shall call the Court's conference line at 1-888-251-2909 and enter ACCESS CODE: 1307658 # . (SSM)

26 June 19, 2018

DEMAND for JURY TRIAL by Plaintiffs Naim Lao, Jeremy Livingston, Mohamed Mohamed, Demario Roberts (Gairson, Jay) (Entered: 06/19/2018)

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27 June 21, 2018

ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT Joint Status Report due by 8/2/2018, FRCP 26f Conference Deadline is 7/19/2018, Initial Disclosure Deadline is 7/26/2018, by Judge Ricardo S. Martinez. (LW) (Entered: 06/21/2018)

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28 July 5, 2018

ANSWER to 1 Complaint,,, with JURY DEMAND by Stephen Sinclair.(Feulner, Timothy) (Entered: 07/05/2018)

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29 July 20, 2018

NOTICE of Appearance by attorney Amanda Nicole Misasi on behalf of Plaintiffs Naim Lao, Jeremy Livingston, Mohamed Mohamed, Demario Roberts. (Misasi, Amanda) (Entered: 07/20/2018)

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30 July 26, 2018

APPLICATION OF ATTORNEY Carolyn M. Homer FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs Naim Lao, Jeremy Livingston, Mohamed Mohamed, Demario Roberts (Fee Paid) Receipt No. 0981-5411316 (Misasi, Amanda) (Entered: 07/26/2018)

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31 July 26, 2018

APPLICATION OF ATTORNEY Ahmed M. Mohamed FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs Naim Lao, Jeremy Livingston, Mohamed Mohamed, Demario Roberts (Fee Paid) Receipt No. 0981-5411374 (Misasi, Amanda) (Entered: 07/26/2018)

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32 July 27, 2018

ORDER re 30 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Carolyn M Homer for Plaintiffs Naim Lao, Jeremy Livingston, Mohamed Mohamed, and for Demario Roberts, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) (Entered: 07/27/2018)

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33 July 27, 2018

ORDER re 31 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Ahmed Mohamed for Plaintiffs Naim Lao, Jeremy Livingston, Mohamed Mohamed, and Demario Roberts, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) (Entered: 07/27/2018)

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34 Aug. 2, 2018

NOTICE of Appearance by attorney Timothy J Feulner on behalf of Defendants Asin, Eric Askren, Bea Blowers, Jamie Dolan, EK, Henri Fischer, Robert Herzog, Jones, Bryan King, Julie Martin, Pete Maxson, Mike Obeland, Parks, Robinson, Rose, David Sherman, Brad Simpson, Belinda Stewart, Jeff Uttecht. (Feulner, Timothy) (Entered: 08/02/2018)

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35 Aug. 2, 2018

NOTICE of Appearance by attorney Timothy Norman Lang on behalf of Defendants Asin, Eric Askren, Bea Blowers, Jamie Dolan, EK, Henri Fischer, Robert Herzog, Jones, Bryan King, Julie Martin, Pete Maxson, Mike Obeland, Parks, Robinson, Rose, David Sherman, Brad Simpson, Belinda Stewart, Jeff Uttecht. (Lang, Timothy) (Entered: 08/02/2018)

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36 Aug. 2, 2018

WAIVER OF SERVICE of summons upon defendant EK mailed on 7/5/2018 (Feulner, Timothy) (Entered: 08/02/2018)

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37 Aug. 2, 2018

WAIVER OF SERVICE of summons upon defendant Asin mailed on 7/5/2018 (Feulner, Timothy) (Entered: 08/02/2018)

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38 Aug. 2, 2018

WAIVER OF SERVICE of summons upon defendant Eric Askren mailed on 7/5/2018 (Feulner, Timothy) (Entered: 08/02/2018)

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39 Aug. 2, 2018

WAIVER OF SERVICE of summons upon defendant Bea Blowers mailed on 7/5/2018 (Feulner, Timothy) (Entered: 08/02/2018)

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40 Aug. 2, 2018

WAIVER OF SERVICE of summons upon defendant Jamie Dolan mailed on 7/5/2018 (Feulner, Timothy) (Entered: 08/02/2018)

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41 Aug. 2, 2018

WAIVER OF SERVICE of summons upon defendant Henri Fischer mailed on 7/5/2018 (Feulner, Timothy) (Entered: 08/02/2018)

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42 Aug. 2, 2018

WAIVER OF SERVICE of summons upon defendant Robert Herzog mailed on 7/5/2018 (Feulner, Timothy) (Entered: 08/02/2018)

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43 Aug. 2, 2018

WAIVER OF SERVICE of summons upon defendant Jones mailed on 7/5/2018 (Feulner, Timothy) (Entered: 08/02/2018)

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44 Aug. 2, 2018

WAIVER OF SERVICE of summons upon defendant Bryan King mailed on 7/5/2018 (Feulner, Timothy) (Entered: 08/02/2018)

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45 Aug. 2, 2018

WAIVER OF SERVICE of summons upon defendant Julie Martin mailed on 7/5/2018 (Feulner, Timothy) (Entered: 08/02/2018)

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46 Aug. 2, 2018

WAIVER OF SERVICE of summons upon defendant Pete Maxson mailed on 7/5/2018 (Feulner, Timothy) (Entered: 08/02/2018)

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47 Aug. 2, 2018

WAIVER OF SERVICE of summons upon defendant Mike Obeland mailed on 7/5/2018 (Feulner, Timothy) (Entered: 08/02/2018)

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48 Aug. 2, 2018

WAIVER OF SERVICE of summons upon defendant Parks mailed on 7/5/2018 (Feulner, Timothy) (Entered: 08/02/2018)

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49 Aug. 2, 2018

WAIVER OF SERVICE of summons upon defendant Robinson mailed on 7/5/2018 (Feulner, Timothy) (Entered: 08/02/2018)

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50 Aug. 2, 2018

WAIVER OF SERVICE of summons upon defendant Rose mailed on 7/5/2018 (Feulner, Timothy) (Entered: 08/02/2018)

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51 Aug. 2, 2018

WAIVER OF SERVICE of summons upon defendant David Sherman mailed on 7/5/2018 (Feulner, Timothy) (Entered: 08/02/2018)

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52 Aug. 2, 2018

WAIVER OF SERVICE of summons upon defendant Brad Simpson mailed on 7/5/2018 (Feulner, Timothy) (Entered: 08/02/2018)

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53 Aug. 2, 2018

WAIVER OF SERVICE of summons upon defendant Belinda Stewart mailed on 7/5/2018 (Feulner, Timothy) (Entered: 08/02/2018)

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54 Aug. 2, 2018

WAIVER OF SERVICE of summons upon defendant Jeff Uttecht mailed on 7/5/2018 (Feulner, Timothy) (Entered: 08/02/2018)

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55 Aug. 2, 2018

JOINT STATUS REPORT signed by all parties estimated Trial Days: 4-7. (Feulner, Timothy) (Entered: 08/02/2018)

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Aug. 2, 2018

Add and Terminate Judges

Aug. 2, 2018

Pursuant to the parties' 55 Joint Status Report, and no consent received, the Hon. Brian A Tsuchida is no longer assigned to the case. (TF)

56 Aug. 15, 2018

ORDER SETTING TRIAL DATE AND RELATED DATES by Judge Ricardo S. Martinez. Length of Trial: *4-7 days*. Jury Trial is set for 10/7/2019 at 09:00 AM before Judge Ricardo S. Martinez. Joinder of Parties due by 9/12/2018, Amended Pleadings due by 9/12/2018, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 4/10/2019, Motions due by 5/10/2019, Discovery completed by 6/10/2019, Dispositive motions due by 7/9/2019, 39.1 mediation to be completed by 8/23/2019, Motions in Limine due by 9/9/2019, Pretrial Order due by 9/25/2019, Trial briefs to be submitted by 10/2/2019, Proposed voir dire/jury instructions due by 10/2/2019. (LC) (Entered: 08/15/2018)

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57 Sept. 4, 2018

ANSWER to 1 Complaint,,, with JURY DEMAND by Eric Askren, Jamie Dolan, Henri Fischer, Pete Maxson, Mike Obeland, Parks, Rose, David Sherman, Belinda Stewart, Jeff Uttecht.(Feulner, Timothy) (Entered: 09/04/2018)

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58 Sept. 4, 2018

MOTION to Dismiss, filed by Defendants Asin, Bea Blowers, EK, Robert Herzog, Jones, Bryan King, Julie Martin, Robinson, Brad Simpson. (Attachments: # 1 Exhibit pp. 17-20, # 2 Proposed Order) Noting Date 9/28/2018, (Feulner, Timothy) (Entered: 09/04/2018)

1 Exhibit pp. 17-20

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2 Proposed Order

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59 Sept. 12, 2018

AMENDED COMPLAINT for Declaratory Injunctive Relief and Damages against defendant(s) Jamie Dolan, Henri Fischer, Pete Maxson, Mike Obeland, Parks, Rose, David Sherman, Stephen Sinclair, Belinda Stewart, Jeff Uttecht, Unidentified Chaplain with JURY DEMAND Attorney Lena F Masri added to party John James(pty:pla), filed by Mohamed Mohamed, Demario Roberts, Jeremy Livingston, Naim Lao, John James.(Masri, Lena) (Entered: 09/12/2018)

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60 Sept. 25, 2018

ANSWER to 59 Amended Complaint, with JURY DEMAND by Jamie Dolan, Henri Fischer, Pete Maxson, Mike Obeland, Parks, Rose, David Sherman, Stephen Sinclair, Belinda Stewart, Jeff Uttecht.(Feulner, Timothy) (Entered: 09/25/2018)

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61 Sept. 28, 2018

REPLY, filed by Defendants Asin, Bea Blowers, EK, Robert Herzog, Jones, Bryan King, Julie Martin, Robinson, Brad Simpson, TO RESPONSE to 58 MOTION to Dismiss (Lang, Timothy) (Entered: 09/28/2018)

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62 Oct. 3, 2018

MINUTE ORDER, Motions terminated: 58 MOTION to Dismiss filed by Bryan King, Robert Herzog, Bea Blowers, EK, Brad Simpson, Asin, Julie Martin, Jones, Robinson.The following MINUTE ORDER is made by direction of the Court, the Honorable Ricardo S. Martinez, Chief United States District Judge: On September 4, 2018, certain Defendants filed a Motion to Dismiss under Rule 12(b)(6). Dkt. #58. Eight days later, on September 12, 2018, Plaintiffs filed an Amended Complaint. Dkt. #59. Federal Rule of Civil Procedure 15 states that a party may amend its pleading once as a matter of course within 21 days of original service, or 21 days after service of a responsive pleading or a motion under Rule 12(b), (e), or (f). Accordingly, the Amended Complaint is procedurally valid and renders the pending Motion to Dismiss, Dkt. #58, moot. The Court hereby STRIKES that Motion. (COB) (Entered: 10/03/2018)

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63 March 20, 2019

NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Ahmed Mohamed for Plaintiffs John James, Naim Lao, Jeremy Livingston, Mohamed Mohamed, Demario Roberts. (Mohamed, Ahmed) (Entered: 03/20/2019)

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64 May 13, 2019

NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Amanda Nicole Misasi for Plaintiffs John James, Naim Lao, Jeremy Livingston, Mohamed Mohamed, Demario Roberts. (Misasi, Amanda) (Entered: 05/13/2019)

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65 June 10, 2019

MOTION for Extension of Time to Complete Discovery, filed by Defendants Eric Askren, Jamie Dolan, Henri Fischer, Peter Maxson, Mike Obenland, Parks, Rose, David Sherman, Stephen Sinclair, Belinda Stewart, Jeffrey A Uttecht. Noting Date 6/10/2019, (Feulner, Timothy) (Entered: 06/10/2019)

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66 June 17, 2019

ORDER granting 65 Stipulated Motion to Extend Discovery Cutoff; Discovery completed by 6/24/2019. Signed by Judge Ricardo S. Martinez. (PM)

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67 June 21, 2019

MOTION to Amend Complaint, filed by Plaintiffs John James, Naim Lao, Jeremy Livingston, Mohamed Mohamed, Demario Roberts. (Attachments: # 1 Amended Complaint, # 2 Exhibit B (Sherman Deposition Excerpts), # 3 Exhibit C (Maxson Deposition Excerpts), # 4 Exhibit D (Stewart Deposition Excerpts), # 5 Courtesy Redline of First to Second Amended Complaints, # 6 Proposed Order) Noting Date 7/12/2019, (Masri, Lena) (Entered: 06/21/2019)

1 Amended Complaint

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2 Exhibit B (Sherman Deposition Excerpts)

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3 Exhibit C (Maxson Deposition Excerpts)

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4 Exhibit D (Stewart Deposition Excerpts)

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5 Courtesy Redline of First to Second Amended Complaints

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6 Proposed Order

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68 June 21, 2019

MOTION for Extension of Time to Complete Discovery - limited supplemental written discovery only, filed by Plaintiffs John James, Naim Lao, Jeremy Livingston, Mohamed Mohamed, Demario Roberts. (Attachments: # 1 Proposed Order) Noting Date 7/12/2019, (Masri, Lena) (Entered: 06/21/2019)

1 Proposed Order

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69 June 28, 2019

REQUEST by Plaintiffs John James, Naim Lao, Jeremy Livingston, Mohamed Mohamed, Demario Roberts for Telephonic Conference per L.R. 7(i) re 56 Order Setting Trial Date and Related Dates,, (Masri, Lena) (Entered: 06/28/2019)

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70 July 1, 2019

MINUTE ORDER re: 69 Request filed by Jeremy Livingston, Naim Lao, Demario Roberts, Mohamed Mohamed, John James The following MINUTE ORDER is made by direction of the Court, the Honorable Ricardo S. Martinez, Chief United States District Judge: The Court DECLINES the above request for a telephonic motion. Plaintiffs are free to move for an extension of the dispositive motion deadline even though such a motion would be noted for consideration after the deadline. The motion would need to show good cause for the delay in filing. The Court can permit the filing of dispositive motions or supplemental briefing after the existing deadline if good cause is shown. (COB) (Entered: 07/01/2019)

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July 1, 2019

2 - Minute Order

71 July 8, 2019

RESPONSE, by Defendants Eric Askren, Jamie Dolan, Henri Fischer, Peter Maxson, Mike Obenland, Parks, Rose, David Sherman, Stephen Sinclair, Belinda Stewart, Jeffrey A Uttecht, to 68 MOTION for Extension of Time to Complete Discovery - limited supplemental written discovery only, 67 MOTION to Amend Complaint. (Feulner, Timothy) (Entered: 07/08/2019)

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72 July 8, 2019

DECLARATION of Counsel filed by Defendants Eric Askren, Jamie Dolan, Henri Fischer, Peter Maxson, Mike Obenland, Parks, Rose, David Sherman, Stephen Sinclair, Belinda Stewart, Jeffrey A Uttecht re 68 MOTION for Extension of Time to Complete Discovery - limited supplemental written discovery only, 67 MOTION to Amend Complaint (Attachments: # 1 Exhibit pp. 6-54)(Feulner, Timothy) (Entered: 07/08/2019)

1 Exhibit pp. 6-54

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73 July 9, 2019

MOTION for Summary Judgment, filed by Defendants Eric Askren, Jamie Dolan, Henri Fischer, Peter Maxson, Mike Obenland, Parks, Rose, David Sherman, Stephen Sinclair, Belinda Stewart, Jeffrey A Uttecht. (Attachments: # 1 Proposed Order) Noting Date 8/2/2019, (Feulner, Timothy) (Entered: 07/09/2019)

1 Proposed Order

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Clearinghouse
74 July 9, 2019

DECLARATION of Bryan King filed by Defendants Eric Askren, Jamie Dolan, Henri Fischer, Peter Maxson, Mike Obenland, Parks, Rose, David Sherman, Stephen Sinclair, Belinda Stewart, Jeffrey A Uttecht re 73 MOTION for Summary Judgment (Attachments: # 1 Exhibit pp. 8-17)(Feulner, Timothy) (Entered: 07/09/2019)

1 Exhibit pp. 8-17

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75 July 9, 2019

DECLARATION of Counsel filed by Defendants Eric Askren, Jamie Dolan, Henri Fischer, Peter Maxson, Mike Obenland, Parks, Rose, David Sherman, Stephen Sinclair, Belinda Stewart, Jeffrey A Uttecht re 73 MOTION for Summary Judgment (Attachments: # 1 Exhibit pp. 4-126)(Feulner, Timothy) (Entered: 07/09/2019)

1 Exhibit pp. 4-126

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76 July 9, 2019

DECLARATION of Lynda Heise filed by Defendants Eric Askren, Jamie Dolan, Henri Fischer, Peter Maxson, Mike Obenland, Parks, Rose, David Sherman, Stephen Sinclair, Belinda Stewart, Jeffrey A Uttecht re 73 MOTION for Summary Judgment (Feulner, Timothy) (Entered: 07/09/2019)

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77 July 9, 2019

DECLARATION of David Sherman filed by Defendants Eric Askren, Jamie Dolan, Henri Fischer, Peter Maxson, Mike Obenland, Parks, Rose, David Sherman, Stephen Sinclair, Belinda Stewart, Jeffrey A Uttecht re 73 MOTION for Summary Judgment (Attachments: # 1 Exhibit pp. 7-12)(Feulner, Timothy) (Entered: 07/09/2019)

1 Exhibit pp. 7-12

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78 July 9, 2019

Second DECLARATION of Peter Maxson filed by Defendants Eric Askren, Jamie Dolan, Henri Fischer, Peter Maxson, Mike Obenland, Parks, Rose, David Sherman, Stephen Sinclair, Belinda Stewart, Jeffrey A Uttecht re 73 MOTION for Summary Judgment (Attachments: # 1 Exhibit pp. 7-29)(Feulner, Timothy) (Entered: 07/09/2019)

1 Exhibit pp. 7-29

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79 July 9, 2019

MOTION for Summary Judgment, filed by Plaintiffs John James, Naim Lao, Jeremy Livingston, Mohamed Mohamed, Demario Roberts. Oral Argument Requested. (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20, # 22 Exhibit 21, # 23 Exhibit 22, # 24 Exhibit 23) Noting Date 8/2/2019, (Masri, Lena) (Entered: 07/09/2019)

1 Memorandum in Support

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2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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6 Exhibit 5

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7 Exhibit 6

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8 Exhibit 7

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9 Exhibit 8

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10 Exhibit 9

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11 Exhibit 10

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12 Exhibit 11

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13 Exhibit 12

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14 Exhibit 13

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15 Exhibit 14

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16 Exhibit 15

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17 Exhibit 16

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18 Exhibit 17

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19 Exhibit 18

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20 Exhibit 19

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21 Exhibit 20

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22 Exhibit 21

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23 Exhibit 22

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24 Exhibit 23

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Clearinghouse
80 July 9, 2019

EXHIBIT 24-35 re 79 MOTION for Summary Judgment by Plaintiffs John James, Naim Lao, Jeremy Livingston, Mohamed Mohamed, Demario Roberts (Attachments: # 1 Exhibit 25, # 2 Exhibit 26, # 3 Exhibit 27, # 4 Exhibit 28, # 5 Exhibit 29, # 6 Exhibit 30, # 7 Exhibit 31, # 8 Exhibit 32, # 9 Exhibit 33, # 10 Exhibit 34, # 11 Exhibit 35, # 12 Proposed Order)(Masri, Lena) (Entered: 07/09/2019)

1 Exhibit 25

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2 Exhibit 26

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3 Exhibit 27

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4 Exhibit 28

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5 Exhibit 29

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6 Exhibit 30

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7 Exhibit 31

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8 Exhibit 32

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9 Exhibit 33

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10 Exhibit 34

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11 Exhibit 35

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12 Proposed Order

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81 July 11, 2019

REPLY, filed by Plaintiffs John James, Naim Lao, Jeremy Livingston, Mohamed Mohamed, Demario Roberts, TO RESPONSE to 68 MOTION for Extension of Time to Complete Discovery - limited supplemental written discovery only, 67 MOTION to Amend Complaint (Masri, Lena) (Entered: 07/11/2019)

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82 July 29, 2019

RESPONSE, by Defendants Eric Askren, Jamie Dolan, Henri Fischer, Peter Maxson, Mike Obenland, Parks, Stephen Sinclair, Belinda Stewart, Jeffrey A Uttecht, to 79 MOTION for Summary Judgment . (Feulner, Timothy) (Entered: 07/29/2019)

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83 July 29, 2019

Second DECLARATION of counsel filed by Defendants Eric Askren, Jamie Dolan, Henri Fischer, Peter Maxson, Mike Obenland, Parks, Rose, David Sherman, Stephen Sinclair, Belinda Stewart, Jeffrey A Uttecht re 79 MOTION for Summary Judgment (Attachments: # 1 Exhibit pp. 3-21)(Feulner, Timothy) (Entered: 07/29/2019)

1 Exhibit pp. 3-21

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84 July 29, 2019

DECLARATION of Brad Simpson filed by Defendants Eric Askren, Jamie Dolan, Henri Fischer, Peter Maxson, Mike Obenland, Parks, Rose, David Sherman, Stephen Sinclair, Belinda Stewart, Jeffrey A Uttecht re 79 MOTION for Summary Judgment (Attachments: # 1 Exhibit pp. 5-31)(Feulner, Timothy) (Entered: 07/29/2019)

1 Exhibit pp. 5-31

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85 July 29, 2019

RESPONSE, by Plaintiffs John James, Naim Lao, Jeremy Livingston, Mohamed Mohamed, Demario Roberts, to 73 MOTION for Summary Judgment . Oral Argument Requested. (Masri, Lena) (Entered: 07/29/2019)

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86 July 29, 2019

RESPONSE (Corrected), by Plaintiffs John James, Naim Lao, Jeremy Livingston, Mohamed Mohamed, Demario Roberts, to 73 MOTION for Summary Judgment . Oral Argument Requested. (Masri, Lena) Modified docket text on 7/30/2019 (SWT). (Entered: 07/29/2019)

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87 Aug. 1, 2019

ORDER denying Plaintiffs' 67 Motion to Amend Complaint; denying Plaintiffs' 68 Motion for Extension of Time to Complete Discovery. Signed by Judge Ricardo S. Martinez. (SWT)

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88 Aug. 2, 2019

REPLY, filed by Plaintiffs John James, Naim Lao, Jeremy Livingston, Mohamed Mohamed, Demario Roberts, TO RESPONSE to 79 MOTION for Summary Judgment (Attachments: # 1 Exhibit Exhibit 2 (Excerpted), # 2 Exhibit Exhibit 3 (Excerpted), # 3 Exhibit Exhibit 6 (Excerpted), # 4 Exhibit Exhibit 7 (Excerpted), # 5 Exhibit Exhibit 8 (Excerpted), # 6 Exhibit Exhibit 9 (Excerpted), # 7 Exhibit Exhibit 10 (Excerpted), # 8 Exhibit Exhibit 12 (Excerpted), # 9 Exhibit Exhibit 13 (Excerpted), # 10 Exhibit Exhibit 14 (Excerpted), # 11 Exhibit Exhibit 15 (Excerpted), # 12 Exhibit Exhibit 20 (Excerpted), # 13 Exhibit Exhibit 21 (Excerpted), # 14 Exhibit Exhibit 22 (Excerpted), # 15 Exhibit Exhibit 23 (Excerpted), # 16 Exhibit Exhibit 24 (Excerpted), # 17 Exhibit Exhibit 25 (Excerpted), # 18 Exhibit Exhibit 26 (Excerpted), # 19 Exhibit Exhibit 27 (Excerpted), # 20 Exhibit Exhibit 28 (Excerpted), # 21 Exhibit Exhibit 29 (Excerpted), # 22 Exhibit Exhibit 30 (Excerpted), # 23 Exhibit Exhibit 32 (Excerpted), # 24 Exhibit Exhibit 33 (Excerpted), # 25 Exhibit Exhibit 34 (Excerpted), # 26 Exhibit Exhibit 35 (Excerpted))(Masri, Lena) (Entered: 08/02/2019)

1 Exhibit Exhibit 2 (Excerpted)

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2 Exhibit Exhibit 3 (Excerpted)

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3 Exhibit Exhibit 6 (Excerpted)

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4 Exhibit Exhibit 7 (Excerpted)

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5 Exhibit Exhibit 8 (Excerpted)

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6 Exhibit Exhibit 9 (Excerpted)

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7 Exhibit Exhibit 10 (Excerpted)

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8 Exhibit Exhibit 12 (Excerpted)

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9 Exhibit Exhibit 13 (Excerpted)

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10 Exhibit Exhibit 14 (Excerpted)

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11 Exhibit Exhibit 15 (Excerpted)

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12 Exhibit Exhibit 20 (Excerpted)

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13 Exhibit Exhibit 21 (Excerpted)

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14 Exhibit Exhibit 22 (Excerpted)

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15 Exhibit Exhibit 23 (Excerpted)

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16 Exhibit Exhibit 24 (Excerpted)

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17 Exhibit Exhibit 25 (Excerpted)

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18 Exhibit Exhibit 26 (Excerpted)

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19 Exhibit Exhibit 27 (Excerpted)

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20 Exhibit Exhibit 28 (Excerpted)

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21 Exhibit Exhibit 29 (Excerpted)

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22 Exhibit Exhibit 30 (Excerpted)

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23 Exhibit Exhibit 32 (Excerpted)

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24 Exhibit Exhibit 33 (Excerpted)

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25 Exhibit Exhibit 34 (Excerpted)

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26 Exhibit Exhibit 35 (Excerpted)

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89 Aug. 2, 2019

REPLY, filed by Defendants Eric Askren, Jamie Dolan, Henri Fischer, Peter Maxson, Mike Obenland, Parks, Rose, David Sherman, Stephen Sinclair, Belinda Stewart, Jeffrey A Uttecht, TO RESPONSE to 73 MOTION for Summary Judgment (Feulner, Timothy) (Entered: 08/02/2019)

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90 Aug. 2, 2019

DECLARATION of Counsel filed by Defendants Eric Askren, Jamie Dolan, Henri Fischer, Peter Maxson, Mike Obenland, Parks, Rose, David Sherman, Stephen Sinclair, Belinda Stewart, Jeffrey A Uttecht re 73 MOTION for Summary Judgment (Attachments: # 1 Exhibit pp. 4-43)(Feulner, Timothy) (Entered: 08/02/2019)

1 Exhibit pp. 4-43

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91 Sept. 5, 2019

Stipulated MOTION and Order to Strike October 7, 2019 Trial Date Pending Ruling on Dispositive Motions, filed by Defendants Eric Askren, Jamie Dolan, Henri Fischer, Peter Maxson, Mike Obenland, Parks, Rose, David Sherman, Stephen Sinclair, Belinda Stewart, Jeffrey A Uttecht. Noting Date 9/5/2019, (Feulner, Timothy) (Entered: 09/05/2019)

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92 Sept. 6, 2019

ORDER granting Defendants' 73 Motion for Summary Judgment; dismissing all of Plaintiffs' claims; denying Plaintiffs' 79 Motion for Summary Judgment; denying as moot Defendants' Motion to Strike contained in responsive briefing. Signed by Judge Ricardo S. Martinez. (PM)

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93 Sept. 6, 2019

JUDGMENT BY COURT. THE COURT HAS ORDERED THAT: Defendants' Motion for Summary Judgment (Dkt. # 73 ) is GRANTED. All of Plaintiffs' claims are DISMISSED. Plaintiffs' Motion for Summary Judgment (Dkt. # 79 ) is DENIED. Defendants' Motion to Strike contained in responsive briefing is DENIED as MOOT.This case is CLOSED. (PM) (Entered: 09/06/2019)

RECAP

Case Details

State / Territory:

Washington

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: June 10, 2018

Closing Date: Dec. 29, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Prisoners at the Monroe Correctional Complex who are practicing Muslims.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Council on American-Islamic Relations (CAIR)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

Washington State Department of Corrections

Defendant Type(s):

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Religious Freedom Rest. Act/Religious Land Use and Inst. Persons Act (RFRA/RLUIPA)

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Equal Protection

Free Exercise Clause

Other Dockets:

Western District of Washington 2:18-cv-00837

U.S. Court of Appeals for the Ninth Circuit 0:19-35846

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

General/Misc.:

Conditions of confinement

Food service / nutrition / hydration

Religious programs / policies

Discrimination Basis:

Religion discrimination

Jails, Prisons, Detention Centers, and Other Institutions:

Assault/abuse by staff (facilities)

Recommended Citation