U.S. District Court United States District Court for the Western District of Washington (Tacoma) CIVIL DOCKET FOR CASE #: 3:17-cv-06002-RBL Bango et al v Pierce County, Washington et al Assigned to: Judge Ronald B. Leighton Cause: 42:1983 Prisoner Civil Rights Date Filed: 12/04/2017 Jury Demand: Nature of Suit: 555 Prisoner Petitions (Prison Condition) Jurisdiction: Federal Question Plaintiff Donald Bango represented by Antoinette Marie Davis ACLU OF WASHINGTON 901 FIFTH AVENUE SUITE 630 SEATTLE, WA 98164 206-624-2184 Email: tdavis@aclu-wa.org Janelle Ellen Chase Fazio GORDON THOMAS HONEYWELL LLP (TAC) 1201 PACIFIC AVENUE SUITE 2100 TACOMA, WA 98402 253-620-6424 Email: jchasefazio@gth-law.com Jessica Wolfe ACLU OF WASHINGTON 901 FIFTH AVENUE SUITE 630 SEATTLE, WA 98164 206-624-2184 Email: jwolfe@aclu-wa.org Sal Mungia GORDON THOMAS
HONEYWELL LLP (TAC) 1201 PACIFIC AVENUE SUITE 2100 TACOMA, WA 98402 253-620-6500 Fax: 253-620-6565 Email: smungia@gth-law.com Plaintiff Scott Bailey individually and on behalf of all others similarly situated represented by Antoinette Marie Davis Janelle Ellen Chase Fazio Jessica Wolfe Sal Mungia V. Pierce County, Washington PIERCE COUNTY PROSECUTING ATTORNEY'S OFFICE (CIVIL) CIVIL DIVISION 955 TACOMA AVE S STE 301 TACOMA, WA 98402-2160 253-798-6514
Email: fcornel@co.pierce.wa.us PIERCE COUNTY PROSECUTING ATTORNEY'S OFFICE (CIVIL) CIVIL DIVISION 955 TACOMA AVE S STE 301 TACOMA, WA 98402-2160 253-798-6732 Email: mluna@co.pierce.wa.us Bruce Dammeier in his official capacity as Pierce County Executive TERMINATED: 03/28/2018 Pierce County Sheriff's Department Paul A Pastor in his official capacity as Pierce County Sheriff TERMINATED: 03/28/2018
Patti Jackson-Kidder in her official capacity as the Pierce County Chief of Corrections TERMINATED: 03/28/2018 Janet Rhoton in her official capacity as the Pierce County Jail Mental Health Manager, and their officers, agents, employees, and successors TERMINATED: 03/28/2018 Date Filed # Docket Text 12/04/2017 1 COMPLAINT Class Action for Declaratory Relief and Injunctive Relief against defendant(s) All Plaintiffs (Receipt # 0981-5114105), filed by Donald Bango. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Pierce County, WA, # 3 Summons Bruce Dammeier, PC Executive, # 4 Summons PC Sheriff's Dept, # 5 Summons Paul A. Pastor, PC Sheriff, # 6 Summons Patti Jackson-Kidder - PC Chief of Corrections, # 7 Summons Janet Rhoton, PC Jail Mental Health Mgr)(Mungia, Sal) (Entered: 12/04/2017) 12/04/2017 2 MOTION to Certify Class, filed by Plaintiffs Scott Bailey, Donald Bango. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 1/5/2018, (Mungia, Sal) (Entered: 12/04/2017) 12/04/2017 3 DECLARATION of Salvador Mungia filed by Plaintiffs Scott Bailey, Donald Bango re 2 MOTION to Certify Class (Mungia, Sal) (Entered: 12/04/2017) 12/04/2017 4 DECLARATION of Emily Chiang filed by Plaintiffs Scott Bailey, Donald Bango re 2 MOTION to Certify Class (Mungia, Sal) (Entered: 12/04/2017)
12/06/2017 5 NOTICE to Withdraw Pending Motion re 2 MOTION to Certify Class ; by Plaintiffs Scott Bailey, Donald Bango. (Mungia, Sal) (Entered: 12/06/2017) 12/06/2017 6 MOTION to Certify Class, filed by Plaintiffs Scott Bailey, Donald Bango. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 1/5/2018, (Mungia, Sal) (Entered: 12/06/2017) 12/06/2017 7 DECLARATION of Salvdora A. Mungia filed by Plaintiffs Scott Bailey, Donald Bango re 6 MOTION to Certify Class (Mungia, Sal) (Entered: 12/06/2017) 12/06/2017 8 DECLARATION of Emily Chiang filed by Plaintiffs Scott Bailey, Donald Bango re 6 MOTION to Certify Class (Mungia, Sal) (Entered: 12/06/2017) 12/06/2017 Judge Ronald B. Leighton and Judge J Richard Creatura added. (SP) (Entered: 12/06/2017) 12/06/2017 Case Referral Reassigned to Magistrate Judge David W. Christel. All future filings shall bear the following case number: 3:17-cv- 06002-RBL-DWC. (SP) (Entered: 12/06/2017) 12/06/2017 9 Summons(es) Electronically Issued as to defendant(s) Bruce Dammeier, Patti Jackson-Kidder, Paul A Pastor, Pierce County Sheriff's Department, Pierce County, Washington, Janet Rhoton. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(SP) (Entered: 12/06/2017) 12/07/2017 10 NOTICE of Appearance by attorney on behalf of Pierce County, Washington. (Luna-Green, Michelle) (Entered: 12/07/2017) 12/13/2017 11 NOTICE of Appearance by attorney on behalf of s Bruce Dammeier, Patti Jackson-Kidder, Paul A Pastor, Pierce County Sheriff's Department, Janet Rhoton. (Luna- Green, Michelle) (Entered: 12/13/2017) 12/13/2017 12 WAIVER OF SERVICE of summons upon defendant Bruce Dammeier mailed on 12/4/2017 (Luna-Green, Michelle) (Entered: 12/13/2017) 12/13/2017 13 WAIVER OF SERVICE of summons upon defendant Janet Rhoton mailed on 12/4/2017 (Luna-Green, Michelle) (Entered: 12/13/2017)
12/13/2017 14 WAIVER OF SERVICE of summons upon defendant Patti Jackson- Kidder mailed on 12/4/2017 (Luna-Green, Michelle) (Entered: 12/13/2017) 12/13/2017 15 WAIVER OF SERVICE of summons upon defendant Pierce County, Washington mailed on 12/4/2017 (Luna-Green, Michelle) (Entered: 12/13/2017) 12/13/2017 16 WAIVER OF SERVICE of summons upon defendant Pierce County Sheriff's Department mailed on 12/4/2017 (Luna-Green, Michelle) (Entered: 12/13/2017) 12/13/2017 17 WAIVER OF SERVICE of summons upon defendant Paul A Pastor mailed on 12/4/2017 (Luna-Green, Michelle) (Entered: 12/13/2017) 12/21/2017 18 NOTICE to Withdraw Pending Motion re 6 MOTION to Certify Class ; by Plaintiffs Scott Bailey, Donald Bango. (Mungia, Sal) (Entered: 12/21/2017) 12/21/2017 19 MOTION to Certify Class, filed by Plaintiffs Scott Bailey, Donald Bango. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 1/26/2018, (Mungia, Sal) (Entered: 12/21/2017) 12/21/2017 20 DECLARATION of Emily Chiang filed by Plaintiffs Scott Bailey, Donald Bango re 19 MOTION to Certify Class (Mungia, Sal) (Entered: 12/21/2017) 12/21/2017 21 DECLARATION of Salvador A. Mungia filed by Plaintiffs Scott Bailey, Donald Bango re 19 MOTION to Certify Class (Mungia, Sal) (Entered: 12/21/2017) 01/04/2018 22 MOTION to Continue Plaintiffs' Motion for Class Certification, filed by s Bruce Dammeier, Patti Jackson-Kidder, Paul A Pastor, Pierce County Sheriff's Department, Pierce County, Washington, Janet Rhoton. (Attachments: # 1 Proposed Order) Noting Date 1/12/2018, (Luna-Green, Michelle) (Entered: 01/04/2018) 01/04/2018 23 DECLARATION of filed by s Bruce Dammeier, Patti Jackson-Kidder, Paul A Pastor, Pierce County Sheriff's Department, Pierce County, Washington, Janet Rhoton re 22 MOTION to Continue Plaintiffs' Motion for Class Certification (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Luna-Green, Michelle) (Entered: 01/04/2018)
01/05/2018 24 NOTICE of Appearance by attorney Frank Cornelius on behalf of s Bruce Dammeier, Patti Jackson-Kidder, Paul A Pastor, Pierce County Sheriff's Department, Pierce County, Washington, Janet Rhoton. (Cornelius, Frank) (Entered: 01/05/2018) 01/10/2018 25 NOTICE to Withdraw Pending Motion re 22 MOTION to Continue Plaintiffs' Motion for Class Certification ; by s Bruce Dammeier, Patti Jackson-Kidder, Paul A Pastor, Pierce County Sheriff's Department, Pierce County, Washington, Janet Rhoton. (Luna-Green, Michelle) (Entered: 01/10/2018) 01/11/2018 26 NOTICE that the following is RE-NOTED: 19 MOTION to Certify Class. Filed by Plaintiffs Scott Bailey, Donald Bango. Noting Date 3/2/2018, (Mungia, Sal) (Entered: 01/11/2018) 02/02/2018 27 MOTION to Dismiss, filed by s Bruce Dammeier, Patti Jackson-Kidder, Paul A Pastor, Pierce County Sheriff's Department, Pierce County, Washington, Janet Rhoton. (Attachments: # 1Proposed Order) Noting Date 3/2/2018, (Cornelius, Frank) (Entered: 02/02/2018) 02/02/2018 28 DECLARATION of Frank Cornelius filed by s Bruce Dammeier, Patti Jackson-Kidder, Paul A Pastor, Pierce County Sheriff's Department, Pierce County, Washington, Janet Rhoton re 27MOTION to Dismiss (Cornelius, Frank) (Entered: 02/02/2018) 02/02/2018 29 CERTIFICATE OF SERVICE by s Bruce Dammeier, Patti Jackson-Kidder, Paul A Pastor, Pierce County Sheriff's Department, Pierce County, Washington, Janet Rhoton re 27 MOTION to Dismiss, 28 Declaration of Frank Cornelius (Cornelius, Frank) (Entered: 02/02/2018) 02/26/2018 30 STIPULATION AND PROPOSED ORDER to Continue Plaintiffs Motion for Class Certification by parties re 19 MOTION to Certify Class (Luna-Green, Michelle) (Entered: 02/26/2018) 02/26/2018 31 RESPONSE, by Plaintiffs Scott Bailey, Donald Bango, to 27 MOTION to Dismiss. (Attachments: # 1 Proposed Order on 's 12(b)(1) Motion to Dismiss)(Davis, Antoinette) (Entered: 02/26/2018) 02/26/2018 32 DECLARATION of Antoinette M. Davis filed by Plaintiffs Scott Bailey, Donald Bango re 27 MOTION to Dismiss (Attachments: # 1 Exhibit A-C)(Davis, Antoinette) (Entered: 02/26/2018) 02/27/2018 33 STIPULATION AND ORDER re 30 Stipulation to continue: Plaintiffs' pending 19 MOTION to Certify Class shall be continued
to Friday, 6/8/2018. Signed by Magistrate Judge David W. Christel. (CMG) Modified on 2/27/2018: corrected typo (CMG). (Entered: 02/27/2018) 03/02/2018 34 REPLY, filed by s Bruce Dammeier, Patti Jackson- Kidder, Paul A Pastor, Pierce County Sheriff's Department, Pierce County, Washington, Janet Rhoton, TO RESPONSE to 27 MOTION to Dismiss (Luna-Green, Michelle) (Entered: 03/02/2018) 03/02/2018 35 DECLARATION of Frank Cornelius filed by s Bruce Dammeier, Patti Jackson-Kidder, Paul A Pastor, Pierce County Sheriff's Department, Pierce County, Washington, Janet Rhoton re 27MOTION to Dismiss (Luna-Green, Michelle) (Entered: 03/02/2018) 03/02/2018 36 DECLARATION of filed by s Bruce Dammeier, Patti Jackson-Kidder, Paul A Pastor, Pierce County Sheriff's Department, Pierce County, Washington, Janet Rhoton re 27 MOTION to Dismiss (Luna-Green, Michelle) (Entered: 03/02/2018) 03/15/2018 37 NOTICE of Hearing on Motion re 27 MOTION to Dismiss : Oral Argument Hearing set for 3/29/2018 at 10:00 AM in C Courtroom before Judge David W. Christel.(KEB) (Entered: 03/15/2018) 03/27/2018 38 STIPULATION (Agreed Motion) to Dismiss Defs Dammeier, Pastor, Jackson-Kidder, Rhoton ONLY by parties (Attachments: # 1 Proposed Order)(Mungia, Sal) (Entered: 03/27/2018) 03/28/2018 39 ORDER on 38 STIPULATION (Agreed Motion) to Dismiss Specific s granting 27 Motion to Dismiss; Paul A Pastor (in his official capacity as Pierce County Sheriff), Janet Rhoton (in her official capacity as the Pierce County Jail Mental Health Manager, and their officers, agents, employees, and successors), Bruce Dammeier (in his official capacity as Pierce County Executive), and Patti Jackson-Kidder (in her official capacity as the Pierce County Chief of Corrections) (ONLY) are DISMISSED without prejudice and without an award of attorneys' fees or costs to any party; this matter remains open for further proceedings; signed by Judge Ronald B. Leighton.(DN) Modified on 3/28/2018 to correctly identify Motion for which this Order actually relates/rules upon (GMR). (Entered: 03/28/2018) 03/28/2018 NOTICE of Docket Text Modification re 39 Order on 38 STIPULATION (Agreed Motion) to Dismiss Specific s granting 27 Motion to Dismiss. Docket entry modified
to correctly identify the Motion for which the Order rules. 27 Motion to Dismiss remains pending. (GMR) (Entered: 03/28/2018) 03/29/2018 40 MINUTE ENTRY for proceedings held before Judge David W. Christel- Dep Clerk: Kim Brye; Pla Counsel: Sal Mungia, Jessica Wolfe, Janelle Ellen Chase; Def Counsel: Frank Cornelius, ; CR: Barry Fanning; Time of Hearing: 10:00 AM; Courtroom: C;Motion Hearing held on 3/29/2018 re 27 MOTION to Dismiss filed by Pierce County Sheriff's Department, Pierce County, Washington, Bruce Dammeier, Patti Jackson-Kidder, Janet Rhoton, Paul A Pastor. Parties argue motion. Court to issue written order. (KEB) (Entered: 03/29/2018) 04/17/2018 41 REPORT AND RECOMMENDATION as to the 27 MOTION to Dismiss filed by Pierce County Sheriff's Department, Pierce County, Washington, Bruce Dammeier, Patti Jackson-Kidder, Janet Rhoton, and Paul A Pastor; signed by Magistrate Judge David W. Christel. Noted for: 5/4/2018. (Attachments: # 1 Proposed Order)(SP) (Entered: 04/17/2018) 04/30/2018 42 OBJECTIONS by Plaintiffs Scott Bailey, Donald Bango to 41 Report and Recommendations,. Noting Date 5/4/2018, (Mungia, Sal) (Entered: 04/30/2018) 05/07/2018 43 ORDER ADOPTING REPORT AND RECOMMENDATION re 42 Objections to Report and Recommendation filed by Scott Bailey, Donald Bango; the Report and Recommendation re dismissal is ADOPTED, plaintiffs' complaint is DISMISSED Without Prejudice; signed by Judge Ronald B. Leighton. (DN) (Entered: 05/07/2018) 05/10/2018 44 JUDGMENT BY COURT in favor of Pierce County, Washington and Pierce County Sheriff's Department against Donald Bango and Scott Bailey.(SP) (Main Document 44 replaced on 5/10/2018) (SP). (Entered: 05/10/2018) 05/11/2018 45 MOTION for Reconsideration and Relief from Judgment, filed by Plaintiffs Scott Bailey, Donald Bango. (Attachments: # 1 Proposed Order for Clarification/Reconsideration and Relief from Judgment) Noting Date 5/11/2018, (Davis, Antoinette) (Entered: 05/11/2018) 05/15/2018 46 ORDER granting 45 Motion for Reconsideration; signed by Judge Ronald B. Leighton.(DN) (Entered: 05/15/2018)
05/21/2018 47 ANSWER to 1 Complaint, with JURY DEMAND by Pierce County Sheriff's Department, Pierce County, Washington.(Cornelius, Frank) (Entered: 05/21/2018)