Case: Doe v. BHC Fairfax Hospital, Inc.

Doe v. Fairfax Behavioral Health

Doe v. Fairfax Behavioral Health

COMPLAINT Class Action Complaint against defendant(s) Fairfax Behavioral Health with JURY DEMAND (Receipt # 0981-5749716) Attorney Steve W. Berman added to party Jane Doe(pty:pla), filed by Jane Doe. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Berman, Steve) (Entered: 04/30/2019)

1 Civil Cover Sheet

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2 Summons

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Judge Thomas S. Zilly added. (GT) (Entered: 05/01/2019)

Summons Electronically Issued as to defendant Fairfax Behavioral Health. (GT) (Entered: 05/01/2019)

Judge Thomas S. Zilly added. (GT)

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AFFIDAVIT of Service of Summons and Complaint on Fairfax Behavioral Health on 5/3/2019, filed by Plaintiff Jane Doe. (Berman, Steve) (Entered: 05/06/2019)

ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT Joint Status Report due by 7/15/2019, FRCP 26f Conference Deadline is 7/1/2019, Initial Disclosure Deadline is 7/15/2019, by Judge Thomas S. Zilly. (KD) (Entered: 05/15/2019)

Attorneys Benjamin J Stone, Ethan A Smith for Fairfax Behavioral Health added; per 5 Notice of Appearance. (SWT) (Entered: 05/17/2019)

NOTICE of Appearance by attorney Eric J. Neiman on behalf of Defendant Fairfax Behavioral Health. (Neiman, Eric) (Entered: 05/16/2019)

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Attorneys Benjamin J Stone, Ethan A Smith for Fairfax Behavioral Health added; per 5 Notice of Appearance. (SWT)

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CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent BHC Fairfax Hospital for Fairfax Behavioral Health. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Fairfax Behavioral Health (Neiman, Eric) (Entered: 05/20/2019)

Unopposed MOTION for Extension of Time to File Answer, filed by Defendant Fairfax Behavioral Health. (Attachments: # 1 Proposed Order Granting Defendant's Unopposed Motion for Extension of Time) Noting Date 5/20/2019, (Neiman, Eric) (Entered: 05/20/2019)

MINUTE ORDER granting defendant's 7 Unopposed Motion for Extension. The deadline for defendant to file a responsive motion or pleading is EXTENDED to 6/21/2019. Authorized by Judge Thomas S. Zilly. (SWT) (Entered: 05/24/2019)

Attorneys Shelby R. Smith, Alexa Helen Polaski, Stacie Berger Siebrecht for all plaintiffs added; per 9 Amended Complaint. (SWT) (Entered: 06/20/2019)

AMENDED COMPLAINT against defendant(s) BHC Fairfax Hospital, Inc. d/b/a Fairfax Behaviorial Health with JURY DEMAND Attorney Steve W. Berman added to party John Doe(pty:pla), Attorney Steve W. Berman added to party H.S., by and through his guardian(pty:pla), filed by Jane Doe, John Doe, H.S., by and through his guardian.(Berman, Steve) (Entered: 06/19/2019)

Attorneys Shelby R. Smith, Alexa Helen Polaski, Stacie Berger Siebrecht for all plaintiffs added; per 9 Amended Complaint. (SWT)

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Attorneys Benjamin J Stone, Ethan A Smith for BHC Fairfax Hospital Inc added; per 10 Answer to Amended Complaint. (SWT) (Entered: 07/07/2019)

ANSWER to 9 Amended Complaint, with JURY DEMAND by BHC Fairfax Hospital Inc.(Neiman, Eric) (Entered: 07/03/2019)

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Attorneys Benjamin J Stone, Ethan A Smith for BHC Fairfax Hospital Inc added; per 10 Answer to Amended Complaint. (SWT)

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JOINT STATUS REPORT signed by all parties estimated Trial Days: 5. Filed by Plaintiffs Jane Doe, John Doe, H.S..(Berman, Steve) (Entered: 07/15/2019)

MINUTE ORDER SETTING TRIAL AND RELATED DATES. Length of Trial: 5 Days; Jury Trial is set for 2/8/2021 before Judge Thomas S. Zilly. Discovery on class certification issues to be completed by 1/20/2020, Any motions related to class certification must be filed by 3/19/2020, Joinder of Parties due by 5/14/2020, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 6/18/2020, Motions related to expert witnesses due by 9/17/2020, All remaining discovery completed by 7/16/2020, Dispositive motions due by 9/10/2020, Any motions for leave to amend pleadings due by 5/14/2020, Motions in Limine due by 12/17/2020, Pretrial Order due by 1/22/2021, Pretrial Conference set for 1/29/2021 at 01:30 PM, Trial briefs/Proposed voir dire/jury instructions due by 1/22/2021. Authorized by Judge Thomas S. Zilly. (SWT) (Entered: 07/31/2019)

NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Alexa Helen Polaski for Plaintiffs Jane Doe, John Doe, H.S.. (Polaski, Alexa) (Entered: 09/04/2019)

NOTICE of Appearance by attorney Todd Harris Carlisle on behalf of Plaintiffs Jane Doe, John Doe, H.S.. (Carlisle, Todd) (Entered: 09/05/2019)

Stipulated MOTION for Protective Order, filed by Defendants BHC Fairfax Hospital Inc, Fairfax Behavioral Health. Noting Date 10/11/2019, (Stone, Benjamin) (Entered: 10/11/2019)

STIPULATED PROTECTIVE ORDER re parties' 15 Stipulated MOTION. Signed by Judge Thomas S. Zilly. (SWT) (Entered: 10/23/2019)

MOTION to Seal, filed by Defendants BHC Fairfax Hospital Inc, Fairfax Behavioral Health. (Attachments: # 1 Proposed Order) Noting Date 11/22/2019, (Neiman, Eric) (Entered: 11/01/2019)

MOTION Defendant's Motion to Deny Class Certification & Strike Class Allegations in Amended Complaint, filed by Defendants BHC Fairfax Hospital Inc, Fairfax Behavioral Health. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 5/22/2020 12/13/2019 11/22/2019, (Neiman, Eric) Modified on 11/26/2019 (MW). Modified on 2/10/2020 (MW). (Entered: 11/01/2019)

DECLARATION of Michele Mendel filed by Defendants BHC Fairfax Hospital Inc, Fairfax Behavioral Health re 18 MOTION Defendant's Motion to Deny Class Certification & Strike Class Allegations in Amended Complaint (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Neiman, Eric) (Entered: 11/01/2019)

SEALED MOTION to Deny Class Certification and Strike Class Allegations in Amended Complaint; re 17 MOTION to Seal ; by Defendants BHC Fairfax Hospital Inc, Fairfax Behavioral Health. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 11/22/2019, (Neiman, Eric) (Entered: 11/01/2019)

SEALED DOCUMENT Declaration of Michele Mendel by Defendants BHC Fairfax Hospital Inc, Fairfax Behavioral Health re 17 MOTION to Seal, 20 SEALED MOTION to Deny Class Certification and Strike Class Allegations in Amended Complaint; re 17 MOTION to Seal ; (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Neiman, Eric) (Entered: 11/01/2019)

NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Ethan A Smith for Defendants BHC Fairfax Hospital Inc, Fairfax Behavioral Health. (Neiman, Eric) (Entered: 11/06/2019)

NOTICE that the following is RE-NOTED: 18 MOTION Defendant's Motion to Deny Class Certification & Strike Class Allegations in Amended Complaint . Filed by Defendant BHC Fairfax Hospital Inc. Noting Date 12/6/2019, (Neiman, Eric) (Entered: 11/12/2019)

MINUTE ORDER granting Defendant's 17 Motion to Seal. The following materials shall remain under seal: (i) the unredacted version of defendant's motion, docket no. 20, to deny class certification and strike class allegations; and (ii) the unredacted version of the declaration of Michele Mendel and the exhibits thereto, docket no. 21 . The unredacted and redacted versions of defendant's motion to deny class certification and strike class allegations, docket nos. 20 and 18, respectively, are both noted, albeit because the movant recently renoted the redacted version, see Notice (docket no. 23 ), the different versions of the motion now have different noting dates. The Clerk is directed to terminate the unredacted version of the motion, docket no. 20, as duplicative. In the future, if a party files a motion under seal and a redacted version of the motion for public view, counsel shall assign a noting date to only the redacted version to avoid unnecessary duplication of the motion on the Court's docket. Authorized by Judge Thomas S. Zilly.(TH) (Entered: 11/14/2019)

NOTICE that the following is RE-NOTED: 18 MOTION Defendant's Motion to Deny Class Certification & Strike Class Allegations in Amended Complaint . Filed by Defendant BHC Fairfax Hospital Inc. Noting Date 12/13/2019, (Neiman, Eric) (Entered: 11/25/2019)

RESPONSE, by Plaintiffs Jane Doe, John Doe, H.S., to 18 MOTION Defendant's Motion to Deny Class Certification & Strike Class Allegations in Amended Complaint, 20 SEALED MOTION to Deny Class Certification and Strike Class Allegations in Amended Complaint; re 17 MOTION to Seal ;. Oral Argument Requested. (Berman, Steve) (Entered: 12/09/2019)

DECLARATION of Shelby R. Smith filed by Plaintiffs Jane Doe, John Doe, H.S. re 18 MOTION Defendant's Motion to Deny Class Certification & Strike Class Allegations in Amended Complaint, 20 SEALED MOTION to Deny Class Certification and Strike Class Allegations in Amended Complaint; re 17 MOTION to Seal ; (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Berman, Steve) (Entered: 12/09/2019)

REPLY, filed by Defendants BHC Fairfax Hospital Inc, Fairfax Behavioral Health, TO RESPONSE to 18 MOTION Defendant's Motion to Deny Class Certification & Strike Class Allegations in Amended Complaint (Neiman, Eric) (Entered: 12/13/2019)

MOTION for Extension of Time Plaintiffs' Motion for Extension of Class Certification Schedule, filed by Plaintiffs Jane Doe, John Doe, H.S.. (Attachments: # 1 Proposed Order) Noting Date 1/17/2020, (Berman, Steve) (Entered: 01/09/2020)

DECLARATION of Shelby R. Smith filed by Plaintiffs Jane Doe, John Doe, H.S. re 29 MOTION for Extension of Time Plaintiffs' Motion for Extension of Class Certification Schedule (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(Berman, Steve) (Entered: 01/09/2020)

RESPONSE, by Defendants BHC Fairfax Hospital Inc, Fairfax Behavioral Health, to 29 MOTION for Extension of Time Plaintiffs' Motion for Extension of Class Certification Schedule. (Neiman, Eric) (Entered: 01/15/2020)

REPLY, filed by Plaintiffs Jane Doe, John Doe, H.S., TO RESPONSE to 29 MOTION for Extension of Time Plaintiffs' Motion for Extension of Class Certification Schedule (Berman, Steve) (Entered: 01/17/2020)

Supplemental DECLARATION of Shelby R. Smith filed by Plaintiffs Jane Doe, John Doe, H.S. re 29 MOTION for Extension of Time Plaintiffs' Motion for Extension of Class Certification Schedule (Attachments: # 1 Exhibit 1)(Berman, Steve) (Entered: 01/17/2020)

MINUTE ORDER: The motion to deny class certification and strike class allegations, docket no. 18, brought by defendant BHC Fairfax Hospital, Inc. is DEFERRED and RENOTED to 5/22/2020. Plaintiffs will be permitted to file a supplemental response, not to exceed ten (10) pages in length, by 5/18/2020. Any supplemental reply, not to exceed five (5) pages in length, shall be filed by the new noting date. Plaintiffs' motion to extend certain deadlines, docket no. 29, is GRANTED. The deadline for completing discovery on class certification issues is EXTENDED from 1/20/2020, to 3/2/2020, and the deadline for filing any motion for class certification is EXTENDED from 3/19/2020, to 4/30/2020. Any motion for class certification shall be noted for 5/22/2020, and will be considered together with Fairfax's motion to deny class certification and strike class allegations. The deadlines for joining additional parties and for filing any motions for leave to amend pleadings are EXTENDED from 5/14/2020, to 5/28/2020. All other dates and deadlines set forth in the Minute Order Setting Trial and Related Dates, docket no. 12, shall remain in full force and effect. Authorized by Judge Thomas S. Zilly.(MW) (Entered: 02/10/2020)

MOTION to Certify Class Plaintiffs' Motion for Class Certification, filed by Plaintiffs Jane Doe, John Doe, H.S.. (Attachments: # 1 Proposed Order) Noting Date 5/22/2020, (Berman, Steve) (Entered: 04/30/2020)

DECLARATION of Steve W. Berman filed by Plaintiffs Jane Doe, John Doe, H.S. re 35 MOTION to Certify Class Plaintiffs' Motion for Class Certification (Attachments: # 1 Exhibit 1 (FBH Policy & Procedure), # 2 Exhibit 2 (Def's Amended Resp. to First ROGs & RFPs), # 3 Exhibit 3 (FBH Skin Assessment Policy), # 4 Exhibit 4 (FBH Search for Contraband Policy), # 5 Exhibit 5 (Excerpts of Graham Dep.), # 6 Exhibit 6 (Eastern & Western State Hospital Search & Contraband Policy), # 7 Exhibit 7 (Behavioral Health Admin. Search Policy Committed Under RCW 10.77), # 8 Exhibit 8 (PS Academy Powerpoint), # 9 Exhibit 9 (Excerpts of Graham 30(b)(6) Dep.), # 10 Exhibit 10 (Prohibited Items & Belongings), # 11 Exhibit 11 (Safety Training - Searches & Patient Belongings), # 12 Exhibit 12 (Findings of WSDOH Investigation) - Fairfax Kirkland Location, # 13 Exhibit 13 (Findings of WSDOH Investigation - Fairfax Everett Location), # 14 Exhibit 14 (DOH Investigation of Fairfax Kirkland), # 15 Exhibit 15 (Fairfax Health Policy & Procedure), # 16 Exhibit 16 (Fairfax Position Description for Nurse Educator), # 17 Exhibit 17 (Hagens Berman Sobol Shapiro LLP Resume))(Berman, Steve) (Entered: 04/30/2020)

DECLARATION of Todd Carlisle filed by Plaintiffs Jane Doe, John Doe, H.S. re 35 MOTION to Certify Class Plaintiffs' Motion for Class Certification (Berman, Steve) (Entered: 04/30/2020)

DECLARATION of Amanda C McGill, MSN, BSN, RN filed by Plaintiffs Jane Doe, John Doe, H.S. re 35 MOTION to Certify Class Plaintiffs' Motion for Class Certification (Attachments: # 1 Exhibit Appendix A, # 2 Exhibit Appendix B)(Berman, Steve) (Entered: 04/30/2020)

PROPOSED ORDER (Unsigned) Stipulation & Order to Extend Class Certification Schedule & Certain Pre-Trial Deadlines (Neiman, Eric) (Entered: 05/14/2020)

MINUTE ORDER: Pursuant to the parties' stipulation, docket no. 39, the pending cross-motions to strike class allegations, docket no. 18, and to certify a class, docket no. 35, are RENOTED to 6/5/2020. The briefing schedule is adjusted as follows: (a) Plaintiffs' supplemental response to the motion to strike class allegations and defendant's response to the motion to certify a class are DUE on 6/1/2020; and (b) Defendant's supplemental reply in support of the motion to strike class allegations and plaintiffs' reply in support of the motion to certify a class are DUE on the new noting date. Pursuant to the parties' stipulation, docket no. 39, the deadline for disclosure of expert testimony is EXTENDED from 6/2/2020, to 6/30/2020, and the deadline for filing motions relating to discovery is EXTENDED from 6/18/2020, to 7/9/2020. The Court DEFERS ruling on whether to extend the other deadlines in this matter in the manner set forth in the parties' stipulation. Authorized by Judge Thomas S. Zilly. (MW) (Entered: 05/18/2020)

MOTION to Amend 9 Amended Complaint,,Plaintiffs' Motion for Leave to File Second Amended Complaint, filed by Plaintiffs Jane Doe, John Doe, H.S.. (Attachments: # 1 Exhibit A (Redline of [Proposed] Second Amended Complaint), # 2 Proposed Order) Noting Date 6/12/2020, (Berman, Steve) (Entered: 05/28/2020)

RESPONSE, by Defendants BHC Fairfax Hospital Inc, Fairfax Behavioral Health, to 35 MOTION to Certify Class Plaintiffs' Motion for Class Certification. (Neiman, Eric) (Entered: 06/01/2020)

RESPONSE, by Plaintiffs Jane Doe, John Doe, H.S., to 18 MOTION Defendant's Motion to Deny Class Certification & Strike Class Allegations in Amended Complaint, 20 SEALED MOTION to Deny Class Certification and Strike Class Allegations in Amended Complaint; re 17 MOTION to Seal ;. (Berman, Steve) (Entered: 06/01/2020)

DECLARATION of Shelby R. Smith in Support of Plaintiffs' Supplemental Response to Fairfax's Motion to Deny Class Certification & Strike Class Allegations in Plaintiffs' Amended Complaint filed by Plaintiffs Jane Doe, John Doe, H.S. re 18 MOTION Defendant's Motion to Deny Class Certification & Strike Class Allegations in Amended Complaint, 20 SEALED MOTION to Deny Class Certification and Strike Class Allegations in Amended Complaint; re 17 MOTION to Seal ; (Attachments: # 1 Exhibit A (Fairfax 2017-2019 Policies & Training Materials), # 2 Exhibit B (Fairfax 2017-2019 Visitor's Policies), # 3 Exhibit C (Fairfax 2019 Skin Assessment Policy), # 4 Exhibit D (Additional Training Materials))(Berman, Steve) (Entered: 06/01/2020)

DECLARATION of Eric Neiman ISO Defendant's Opposition to Plaintiff's Motion for Class Certification - DKT 42 filed by Defendants BHC Fairfax Hospital Inc, Fairfax Behavioral Health re 35 MOTION to Certify Class Plaintiffs' Motion for Class Certification (Attachments: # 1 Exhibit Exhibit A to Declaration of Eric Neiman, # 2 Exhibit Exhibit B to Declaration of Eric Neiman, # 3 Exhibit Exhibit C to Declaration of Eric Neiman, # 4 Exhibit Exhibit D to Declaration of Eric Neiman, # 5 Exhibit Exhibit E to Declaration of Eric Neiman, # 6 Exhibit Exhibit F to Declaration of Eric Neiman, # 7 Exhibit Exhibit G to Declaration of Eric Neiman, # 8 Exhibit Exhibit H to Declaration of Eric Neiman, # 9 Exhibit Exhibit I to Declaration of Eric Neiman, # 10 Exhibit Exhibit J to Declaration of Eric Neiman, # 11 Exhibit Exhibit K to Declaration of Eric Neiman)(Neiman, Eric) (Entered: 06/01/2020)

DECLARATION of Declaration of Rebecca Puchkors ISO Defendant's Opposition to Plaintiff's Motion for Class Certification - DKT 42 filed by Defendants BHC Fairfax Hospital Inc, Fairfax Behavioral Health re 35 MOTION to Certify Class Plaintiffs' Motion for Class Certification (Attachments: # 1 Exhibit Exhibit A to Declaration of Rebecca Puchkors, # 2 Exhibit Exhibit B to Declaration of Rebecca Puchkors)(Neiman, Eric) (Entered: 06/01/2020)

PROPOSED ORDER (Unsigned) re 42 Response to Motion re Defendant's Opposition to Plaintiff's Motion for Class Certification - DKT 42 (Neiman, Eric) (Entered: 06/01/2020)

REPLY, filed by Defendants BHC Fairfax Hospital Inc, Fairfax Behavioral Health, TO RESPONSE to 18 MOTION Defendant's Motion to Deny Class Certification & Strike Class Allegations in Amended Complaint (Neiman, Eric) (Entered: 06/05/2020)

REPLY, filed by Plaintiffs Jane Doe, John Doe, H.S., TO RESPONSE to 35 MOTION to Certify Class Plaintiffs' Motion for Class Certification (Berman, Steve) (Entered: 06/05/2020)

DECLARATION of Shelby R. Smith filed by Plaintiffs Jane Doe, John Doe, H.S. re 35 MOTION to Certify Class Plaintiffs' Motion for Class Certification (Attachments: # 1 Exhibit 1 (Plan of Correction), # 2 Exhibit 2 (Jane Doe Dep. Excerpts), # 3 Exhibit 3 (John Doe Dep. Excerpts), # 4 Exhibit 4 (H.S. Dep. Excerpts))(Berman, Steve) (Entered: 06/05/2020)

DECLARATION of Nicole Dipzinski, LICSW, MSW, M.DIV., filed by Plaintiffs Jane Doe, John Doe, H.S. re 35 MOTION to Certify Class Plaintiffs' Motion for Class Certification (Berman, Steve) (Entered: 06/05/2020)

RESPONSE, by Defendants BHC Fairfax Hospital Inc, Fairfax Behavioral Health, to 41 MOTION to Amend 9 Amended Complaint,,Plaintiffs' Motion for Leave to File Second Amended Complaint. (Neiman, Eric) (Entered: 06/08/2020)

DECLARATION of Eric Neiman ISO Opposition to plaintiffs' motion for leave to file second amended complaint filed by Defendants BHC Fairfax Hospital Inc, Fairfax Behavioral Health re 41 MOTION to Amend 9 Amended Complaint,,Plaintiffs' Motion for Leave to File Second Amended Complaint (Attachments: # 1 Exhibit Exhibit A to Declaration of Eric Neiman, # 2 Complaint Exhibit B to Declaration of Eric Neiman, # 3 Exhibit Exhibit C to Declaration of Eric Neiman, # 4 Exhibit Exhibit D to Declaration of Eric Neiman)(Neiman, Eric) (Entered: 06/08/2020)

REPLY, filed by Plaintiffs Jane Doe, John Doe, H.S., TO RESPONSE to 41 MOTION to Amend 9 Amended Complaint,,Plaintiffs' Motion for Leave to File Second Amended Complaint (Berman, Steve) (Entered: 06/12/2020)

DECLARATION of Shelby R. Smith filed by Plaintiffs Jane Doe, John Doe, H.S. re 41 MOTION to Amend 9 Amended Complaint,,Plaintiffs' Motion for Leave to File Second Amended Complaint (Berman, Steve) (Entered: 06/12/2020)

MOTION for Extension of Time Plaintiffs' Motion for Extension of the Deadline for Disclosure of Expert Testimony, filed by Plaintiffs Jane Doe, John Doe, H.S.. (Attachments: # 1 Proposed Order) Noting Date 6/26/2020, (Berman, Steve) (Entered: 06/18/2020)

DECLARATION of Shelby R. Smith filed by Plaintiffs Jane Doe, John Doe, H.S. re 56 MOTION for Extension of Time Plaintiffs' Motion for Extension of the Deadline for Disclosure of Expert Testimony (Berman, Steve) (Entered: 06/18/2020)

RESPONSE, by Defendants BHC Fairfax Hospital Inc, Fairfax Behavioral Health, to 56 MOTION for Extension of Time Plaintiffs' Motion for Extension of the Deadline for Disclosure of Expert Testimony. (Neiman, Eric) (Entered: 06/22/2020)

DECLARATION of Eric J. Neiman filed by Defendants BHC Fairfax Hospital Inc, Fairfax Behavioral Health re 56 MOTION for Extension of Time Plaintiffs' Motion for Extension of the Deadline for Disclosure of Expert Testimony (Attachments: # 1 Exhibit A)(Neiman, Eric) (Entered: 06/22/2020)

REPLY, filed by Plaintiffs Jane Doe, John Doe, H.S., TO RESPONSE to 56 MOTION for Extension of Time Plaintiffs' Motion for Extension of the Deadline for Disclosure of Expert Testimony (Attachments: # 1 Proposed Order)(Berman, Steve) (Entered: 06/26/2020)

MINUTE ORDER granting Plaintiffs' 41 Motion to Amend. Plaintiffs shall electronically file their Second Amended Complaint within seven (7) days of the date of this Minute Order, provided that, in advance of such filing, plaintiffs revise their Second Amended Complaint to make clear that only Jane Doe 1, John Doe 1, and H.S. assert claims on behalf of a putative class. Defendant's responsive pleading or motion shall be due within twenty-one (21) days after the Second Amended Complaint is filed. Plaintiffs' motion, docket no. 56, to partially extend the expert disclosure deadline is GRANTED, and the deadline for disclosure of damages expert testimony is EXTENDED to August 14, 2020. Any rebuttal expert evidence shall be due as set forth in Federal Rule of Civil Procedure 26(a)(2)(D)(ii). Defendant's response, docket no. 58, is treated as a cross-motion to extend additional deadlines, as to which plaintiffs have already replied, and is DEFERRED pending the Court's ruling on the parties' cross-motions concerning class certification. In connection with the cross-motions concerning class certification, the Court will consider the proposed class definition set forth in plaintiffs' Second Amended Complaint. This proposed class definition has been addressed in the parties' briefing, and the parties shall not submit any further materials regarding class certification unless requested by the Court. Authorized by Judge Thomas S. Zilly. (TH) (Entered: 07/01/2020)

Second AMENDED COMPLAINT [Leave to Amend Granted on July 1, 2020, Dkt. No. 61] against defendant(s) BHC Fairfax Hospital Inc with JURY DEMAND Attorney Steve W. Berman added to party Jane Doe 2(pty:pla), Attorney Steve W. Berman added to party John Doe 2(pty:pla), Attorney Steve W. Berman added to party N.B.(pty:pla), Attorney Steve W. Berman added to party Jane Doe 3(pty:pla), Attorney Steve W. Berman added to party Jane Doe 4(pty:pla), filed by John Doe, Jane Doe, H.S., Jane Doe 2, Jane Doe 3, Jane Doe 4, John Doe 2, N.B..(Berman, Steve) (Entered: 07/07/2020)

ANSWER to 62 Amended Complaint,, with JURY DEMAND by BHC Fairfax Hospital Inc, Fairfax Behavioral Health.(Neiman, Eric) (Entered: 07/28/2020)

NOTICE of Appearance by attorney Emma P Pelkey on behalf of Defendants BHC Fairfax Hospital Inc, Fairfax Behavioral Health. (Pelkey, Emma) (Entered: 08/06/2020)

ORDER: The Putative Class Representatives' motion for class certification, docket no. 35, is DENIED, and Fairfax's motion to deny class certification and strike the class allegations, docket nos. 18 and 20, is GRANTED. The class allegations set forth in Section V of the Second Amended Complaint, docket no. 62, are STRICKEN. Plaintiffs' individual claims remain in the case. Fairfax's motion, docket no. 42, to strike the declaration of Amanda McGill, docket no. 38, is DENIED. Signed by Judge Thomas S. Zilly.(LH) (Entered: 08/10/2020)

Stipulated MOTION to Continue Trial Date and Stay Deadlines Pending Mediation and [Proposed] Order, filed by Plaintiffs Jane Doe, John Doe, H.S., Jane Doe 2, Jane Doe 3, Jane Doe 4, John Doe 2, N.B.. Noting Date 10/9/2020, (Berman, Steve) (Entered: 10/09/2020)

MINUTE ORDER granting Parties' 66 Stipulated Motion to Continue Trial Date and Stay Deadlines Pending Mediation: Jury Trial is CONTINUED TO 5/10/2021 before Judge Thomas S. Zilly. Pretrial Conference is RESET to 4/30/2021 at 01:30 PM before Judge Thomas S. Zilly. Motions in Limine due by 4/8/2021, Voir dire/jury instructions/trial briefs due by 4/23/2021, The parties shall file a Joint Status Report by 12/31/2020, concerning the results of the mediation currently scheduled for 12/16/2020. Authorized by Judge Thomas S. Zilly.(MW) (Entered: 10/15/2020)

REPORT Parties' Joint Report on Status of Mediation by Plaintiffs Jane Doe, John Doe, H.S., Jane Doe 2, Jane Doe 3, Jane Doe 4, John Doe 2, N.B. (Berman, Steve) (Entered: 12/30/2020)

MINUTE ORDER: The jury trial date (5 days) is CONTINUED from May 10, 2021, to August 2, 2021; The pretrial conference is RESET to July 23, 2021, at 10:30 a.m.; Motions in limine must be filed by July 1, 2021; and The agreed pretrial order, trial briefs, proposed voir dire questions, and proposed jury instructions are due on July 16, 2021. Authorized by Judge Thomas S. Zilly. (MW) (Entered: 01/05/2021)

Stipulated MOTION to Set New Discovery and Motions Deadlines & [Proposed] Order, filed by Plaintiffs Jane Doe, John Doe, H.S., Jane Doe 2, Jane Doe 3, Jane Doe 4, John Doe 2, N.B.. (Berman, Steve) (Entered: 03/05/2021)

NOTICE of Appearance by attorney Martin D McLean on behalf of Plaintiffs Jane Doe, John Doe, H.S., Jane Doe 2, Jane Doe 3, Jane Doe 4, John Doe 2, N.B.. (McLean, Martin) (Entered: 03/10/2021)

Set/Reset Hearings

A telephonic conference is SET for March 15, 2021, at 10:00 a.m. Counsel will receive dialing instructions via email. Counsel shall be prepared to address adjusting the trial date in light of the parties' stipulated motion to extend certain pretrial deadlines, docket no. 70, and the schedule for presenting any motion for severance or bifurcation. (KK)

Stipulated MOTION Stipulation and [Proposed] Order of Dismissal of Plaintiff Jane Doe 4 Without Prejudice, filed by Plaintiffs Jane Doe, John Doe, H.S., Jane Doe 2, Jane Doe 3, Jane Doe 4, John Doe 2, N.B.. (Berman, Steve) (Entered: 03/12/2021)

Having conducted a telephonic conference in which Todd Carlisle, Martin McLean, Stacie Siebrecht, and Shelby Smith participated on behalf of plaintiffs and Eric Neiman and Emma Pelkey appeared on behalf of defendant, Gail Glass Courtroom Deputy, the Court enters the following Minute Order: The Court treats the parties' stipulated motion, docket no. 70, as seeking a continuance of the trial date and related deadlines, and GRANTS the motion as follows: Jury Trial (5-10 Days) is set for 11/1/2021 before Judge Thomas S. Zilly. Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 4/12/2021, Discovery Motions due by 6/3/2021, Discovery to be completed by 7/12/2021, Dispositive motions due by 8/12/2021, Motions related to expert witnesses due by 8/19/2021, Motions in Limine due by 9/30/2021, Agreed Pretrial Order due by 10/15/2021, Voir dire/jury instructions/trial briefs due by 10/15/2021, Pretrial Conference set for 10/22/2021 at 10:00 AM before Judge Thomas S. Zilly. Pursuant to the stipulation of the parties, docket no. 72, the claims of plaintiff Jane Doe 4 are DISMISSED without prejudice. Authorized by Judge Thomas S. Zilly.(MW) (Entered: 03/15/2021)

MOTION Motion for Separate Trials, filed by Defendant Fairfax Behavioral Health. Noting Date 9/3/2021 4/16/2021, (Neiman, Eric) Modified on 5/21/2021 (MW). (Entered: 03/25/2021)

DECLARATION of Eric J. Neiman filed by Defendant Fairfax Behavioral Health re 74 MOTION Motion for Separate Trials (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Neiman, Eric) (Entered: 03/25/2021)

RESPONSE, by Plaintiffs Jane Doe, John Doe, H.S., Jane Doe 2, Jane Doe 3, Jane Doe 4, John Doe 2, N.B., to 74 MOTION Motion for Separate Trials . (Attachments: # 1 Proposed Order)(Berman, Steve) (Entered: 04/09/2021)

DECLARATION of Shelby R. Smith filed by Plaintiffs Jane Doe, John Doe, H.S., Jane Doe 2, Jane Doe 3, Jane Doe 4, John Doe 2, N.B. re 74 MOTION Motion for Separate Trials (Attachments: # 1 Exhibit 1 (Graham Dep. Excerpts), # 2 Exhibit 2 (FBH Skin Assessment Policy), # 3 Exhibit 3 (FBH Search for Contraband Policy), # 4 Exhibit 4 (Graham 30(b)(6) Dep. Excerpts)ntraband Policy), # 5 Exhibit 5 (PS Academy PowerPoint), # 6 Exhibit 6 (DOH Findings of Fairfax's Kirkland Location), # 7 Exhibit 7 (DOH Findings of Fairfax's Everett Location), # 8 Exhibit 8 (DOH Investigation of Fairfax Kirkland))(Berman, Steve) (Entered: 04/09/2021)

Docket Annotation

Pursuant to counsel's telephonic request, the deadline set by Minute Order entered March 15, 2021, docket no. 73, for the parties to file a Joint Status Report is EXTENDED to April 23, 2021. (KK)

Docket Annotation/Remark (public entry)

REPLY, filed by Defendant Fairfax Behavioral Health, TO RESPONSE to 74 MOTION Motion for Separate Trials (Neiman, Eric) (Entered: 04/16/2021)

JOINT STATUS REPORT signed by all parties. (Berman, Steve) (Entered: 04/23/2021)

MINUTE ORDER: Defendant's motion for separate trials, docket no. 74, is DEFERRED and RENOTED to September 3, 2021. The motion will be considered together with any dispositive motions and/or motions related to expert testimony that are filed by the deadlines set forth in the Minute Order entered March 15, 2021, docket no. 73 . Authorized by Judge Thomas S. Zilly. (MW) (Entered: 05/21/2021)