Christie v. State of Washington Department of Corrections ( 2022 )

2 3 4 5 6 7 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT TACOMA 8 TRINA CHRISTIE, in her Personal Capacity 9 and as Personal Representative of the Estate of NO. 3:22-cv-05692-BHS ANTHONY R. CHRISTIE, deceased; C.C., a 10 minor, in his personal capacity, STIUPLATED MOTION AND ORDER TO EXTEND DEADLINE FOR 11 Plaintiffs, SERVICE ON DEFENDANT DAN JOHNSON 12 v. 13 STATE OF WASHINGTON, DEPARTMENT NOTING DATE: December 15, 2022 OF CORRECTIONS; JULIE MARTIN; ROB 14 HERZOG; DAN JOHNSON; JACK WARNER; CHRISTOPHER HALLGREN; STEFAN 15 ROSE; KODY ANGELL; JOHN GEISLER; RADU MURESAN; WILLIAM HALL; 16 DIANNA MULL; ARBEN KULLOJKA; VALARIE HERRINGTON; TROY BUSHEY; 17 AREIG AWAD; JACOB MILLER; ELAINE GRAVATT; and JOHN DOES 1-20, 18 Defendants. 19 The Parties, having met and conferred by and through counsel, hereby stipulate and agree 20 to the following: 21 1. This matter was originally filed on July 26, 2022, in Washington State Superior 22 Court in King County, and removed by certain Defendants on September 16, 2022. Dkt. #1. 2. Pursuant to Fed. R. Civ. P. 4(m), if a defendant has not been served within 90 23 days of the commencement of the case, the court must either dismiss the defendant without 24 STIUPLATED MOTION AND ORDER TO Galanda Broadman PLLC 25 EXTEND DEADLINE FOR SERVICE ON DEFENDANT prejudice or extend the time for service for an appropriate period if good cause is shown for the 2 failure to serve. 3 3. In this case, since the commencement of this action, Plaintiffs have made diligent 4 efforts to locate Defendant Dan Johnson and secure a waiver of service of process or serve Mr. Johnson. Plaintiffs have searched public records, including, among other documents, records 5 secured related to this lawsuit and address databases on the internet. Notwithstanding, Plaintiffs 6 have been unable to locate a valid and current address for Defendant Dan Johnson. 7 4. Here, “90 days after the case is filed” is December 15, 2022. 8 5. Plaintiffs believe that during the course of discovery they will secure Mr. 9 Johnson’s current residential address, or his last known residence, through which Plaintiffs will 10 be able to effectuate service on Mr. Johnson. 11 6. “[D]istrict courts have broad discretion under General Rule 4(m) to extend time for service even without a showing of good cause.” United States v. 2,164 Watches, More or 12 Less, 366 F.3d 767, 772 (9th Cir. 2004). 13 7. In light of the foregoing, the undersigned hereby stipulate and agree to extend the 14 deadline for Plaintiffs to serve Defendant Dan Johnson by an additional sixty (60) days. 15 IT IS SO STIPULATED this 15th day of December, 2022. 16 GALANDA BROADMAN, PLLC ATTORNEY GENERAL'S OFFICE (SEA- FIFTH AVE) 17 s/ Ryan D. Dreveskracht Ryan D. Dreveskracht, WSBA #42593 s/ Andrew Thomas Biggs 18 s/ R. Joseph Sexton Andrew Thomas Biggs, WSBA #11746 R. Joseph Sexton, WSBA #38063 800 5th Ave., Ste. 2000 19 8606 35th Avenue NE, Suite L1 Seattle, WA 98104-3188 P.O. Box 15146 Phone: (206)389-3804 20 Seattle, WA 98115 Email: andrew.biggs@atg.wa.gov Phone: (206) 557-7509 21 Fax: (206) 299-7690 Email: ryan@galandabroadman.com 22 joe@galandabroadman.com Attorneys for Plaintiff 23 24 STIUPLATED MOTION AND ORDER TO Galanda Broadman PLLC 25 EXTEND DEADLINE FOR SERVICE ON DEFENDANT s/ Miles F. Russell 2 Miles F. Russell, WSBA #46968 1250 Pacific Avenue, Ste. 105 3 PO Box 2317 Tacoma, WA 98401-2317 4 Phone: (253)593-2431 Email: milesf.russell@atg.wa.gov 5 Attorneys for Defendants Kody Angell, Areig 6 Awad, Troy Bushey, John Geisler, Elaine Gravatt, William Hall, Christopher Hallgren, 7 Valerie Herrington, Robert Herzog, Dan Johnson, Arben Kullojka, Julie Martin, Jacob 8 Miller, Dianna Mull, Radu Muresan, Stefan Rose, State of Washington Department of 9 Corrections and Jack Warner 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STIUPLATED MOTION AND ORDER TO Galanda Broadman PLLC 25 EXTEND DEADLINE FOR SERVICE ON DEFENDANT 2 Pursuant to the Stipulation above, the Court orders that the deadline for Plaintiffs to serve 3 named Defendant Dan Johnson is hereby extended by an additional sixty (60) days. 4 DATED this 16th day of December, 2022. A 5 6 7 BENJAMIN H. SETTLE United States District Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STIUPLATED MOTION AND ORDER TO Galanda Broadman PLLC 25 EXTEND DEADLINE FOR SERVICE ON DEFENDANT