This case was last updated from PACER on 06/08/2019 at 06:05:41 (UTC).

Joseph Nelson v. Thurston County, et al

Case Summary

On 04/09/2019 Joseph Nelson filed a Civil Right - Other Civil Right lawsuit against Thurston County. This case was filed in U.S. Courts Of Appeals, U.S. Court Of Appeals, Ninth Circuit. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    19-35286

  • Filing Date:

    04/09/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Civil Right - Other Civil Right

  • Court:

    U.S. Courts Of Appeals

  • Courthouse:

    U.S. Court Of Appeals, Ninth Circuit

 

Party Details

Defendants

JOHN D. SNAZA

DOES, 1 through 15, individually

Plaintiff / Appellee

JOSEPH A. NELSON, individually and as personal representative of the estate and its statutory beneficiaries estate of Joel A. Nelson

Defendant / Appellants

RODNEY T. DITRICH

THURSTON COUNTY, a Washington municipality

Attorney/Law Firm Details

Plaintiff / Appellee Attorneys

Douglas Cloud Esquire

901 South I St.

Tacoma, WA 98405

Aaron Orheim

Attorney at Talmadge/Fitzpatrick/Tribe

2775 Harbor Avenue Sw, Third Floor, Suite C

Seattle, WA 98126

Defendant / Appellant Attorney

W. Dale Kamerrer Esquire

Attorney at Law, Lyman, Daniel, Kamerrer & Bogdanovich P.S.

P.O. Box 11880

Olympia, WA 98508-1880

 

Court Documents

#6

(#6) MEDIATION CONFERENCE SCHEDULED - Assessment Conference, 05/15/2019, 11:00 a.m. PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [11268267] (LW) [Entered: 04/18/2019 09:34 AM]

#2

(#2) Filed (ECF) Appellants Rodney T. Ditrich and Thurston County Mediation Questionnaire. Date of service: 04/15/2019. [11263865] [19-35286] (Kamerrer, W. Dale) [Entered: 04/15/2019 01:12 PM]

#10

(#10) MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant further settlement discussions. The briefing schedule previously established by the court remains in effect. [11300075] (LW) [Entered: 05/16/2019 12:35 PM]

#4

(#4) Filed (ECF) Appellee Joseph A. Nelson Mediation Questionnaire. Date of service: 04/16/2019. [11266248] [19-35286] (Cloud, Douglas) [Entered: 04/16/2019 04:27 PM]

1 #2

Case Opening Packet

#1

Docketing Letter

#12

(#12) Filed (ECF) Appellee Joseph A. Nelson reply to response to order to show cause dated 05/09/2019. Date of service: 05/30/2019. [11313080] [19-35286] (Orheim, Aaron) [Entered: 05/30/2019 09:36 AM]

1 #3

Mediation Letter

11 #1

Defendants-Appellants' Answer to Order to Show Case Dated 5/9/19

11 #2

Additional Document

#9

(#9) Filed clerk order (Deputy Clerk: AC): Appellants Thurston County and Rodney T. Ditrich appeal the district courts interlocutory orders denying a motion for summary judgment and a motion for reconsideration. A review of the record suggests that this court may lack jurisdiction over the appeal as to appellant Thurston County. [T]he Supreme Court has created an exception to the final judgment rule for certain interlocutory appeals when the district court has denied a motion for summary judgment based on qualified immunity. Pauluk v. Savage, 836 F.3d 1117, 1120-21 (9th Cir. 2016). But [q]ualified immunity is not available . . . to municipalities. Eng v. Cooley, 552 F.3d 1062, 1064 n.1 (9th Cir. 2009); see also Owen v. City of Independence, 445 U.S. 622, 657 (1980); Dougherty v. City of Covina, 654 F.3d 892, 900 (9th Cir. 2011) (Qualified immunity does not shield municipalities from liability.). Accordingly, this court may lack jurisdiction over appellant Thurston Countys appeal. Within 21 days after the date of this order, appellant Thurston County shall move for voluntary dismissal of its appeal or show cause why it should not be dismissed for lack of jurisdiction. If appellant Thurston County elects to show cause, a response may be filed within 10 days after service of the memorandum. If appellant Thurston County does not comply with this order, the Clerk shall dismiss appellant Thurston County pursuant to Ninth Circuit Rule 42-1. Briefing is suspended pending further order of the court. [11291906] (HC) [Entered: 05/09/2019 10:42 AM]

1 #4

Mediation Questionnaire

 

Docket Entries

  • 05/30/2019
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  • (#12) Filed (ECF) Appellee Joseph A. Nelson reply to response to order to show cause dated 05/09/2019. Date of service: 05/30/2019. [11313080] [19-35286] (Orheim, Aaron) [Entered: 05/30/2019 09:36 AM]

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  • 05/20/2019
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  • (#11) Filed (ECF) Appellants Rodney T. Ditrich and Thurston County response to order to show cause dated 05/09/2019. Date of service: 05/20/2019. [11303507] [19-35286] --[COURT UPDATE: Updated docket text to reflect correct ECF filing type. 5/21/2019 by TYL] (Kamerrer, W. Dale) [Entered: 05/20/2019 04:18 PM]

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  • 05/16/2019
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  • (#10) MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant further settlement discussions. The briefing schedule previously established by the court remains in effect. [11300075] (LW) [Entered: 05/16/2019 12:35 PM]

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  • 05/09/2019
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  • (#9) Filed clerk order (Deputy Clerk: AC): Appellants Thurston County and Rodney T. Ditrich appeal the district courts interlocutory orders denying a motion for summary judgment and a motion for reconsideration. A review of the record suggests that this court may lack jurisdiction over the appeal as to appellant Thurston County. [T]he Supreme Court has created an exception to the final judgment rule for certain interlocutory appeals when the district court has denied a motion for summary judgment based on qualified immunity. Pauluk v. Savage, 836 F.3d 1117, 1120-21 (9th Cir. 2016). But [q]ualified immunity is not available . . . to municipalities. Eng v. Cooley, 552 F.3d 1062, 1064 n.1 (9th Cir. 2009); see also Owen v. City of Independence, 445 U.S. 622, 657 (1980); Dougherty v. City of Covina, 654 F.3d 892, 900 (9th Cir. 2011) (Qualified immunity does not shield municipalities from liability.). Accordingly, this court may lack jurisdiction over appellant Thurston Countys appeal. Within 21 days after the date of this order, appellant Thurston County shall move for voluntary dismissal of its appeal or show cause why it should not be dismissed for lack of jurisdiction. If appellant Thurston County elects to show cause, a response may be filed within 10 days after service of the memorandum. If appellant Thurston County does not comply with this order, the Clerk shall dismiss appellant Thurston County pursuant to Ninth Circuit Rule 42-1. Briefing is suspended pending further order of the court. [11291906] (HC) [Entered: 05/09/2019 10:42 AM]

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  • 05/08/2019
  • (#8) Added attorney Aaron Orheim for appellee Joseph A. Nelson, in case 19-35286. [11291368] (HH) [Entered: 05/08/2019 04:45 PM]

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  • 05/08/2019
  • (#7) Filed (ECF) notice of appearance of Aaron P. Orheim for Appellee Joseph A. Nelson. Date of service: 05/08/2019. (Party previously proceeding without counsel: No) [11291364] [19-35286] (Orheim, Aaron) [Entered: 05/08/2019 04:43 PM]

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  • 04/18/2019
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  • (#6) MEDIATION CONFERENCE SCHEDULED - Assessment Conference, 05/15/2019, 11:00 a.m. PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [11268267] (LW) [Entered: 04/18/2019 09:34 AM]

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  • 04/16/2019
  • (#5) The Mediation Questionnaire for this case was filed on 04/16/2019. To submit pertinent confidential information directly to the Circuit Mediators, please use the following # link . Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts.[11266376] (AD) [Entered: 04/16/2019 06:44 PM]

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  • 04/16/2019
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  • (#4) Filed (ECF) Appellee Joseph A. Nelson Mediation Questionnaire. Date of service: 04/16/2019. [11266248] [19-35286] (Cloud, Douglas) [Entered: 04/16/2019 04:27 PM]

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  • 04/15/2019
  • (#3) The Mediation Questionnaire for this case was filed on 04/15/2019. To submit pertinent confidential information directly to the Circuit Mediators, please use the following # link . Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts.[11264726] (AD) [Entered: 04/15/2019 06:44 PM]

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  • 04/15/2019
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  • (#2) Filed (ECF) Appellants Rodney T. Ditrich and Thurston County Mediation Questionnaire. Date of service: 04/15/2019. [11263865] [19-35286] (Kamerrer, W. Dale) [Entered: 04/15/2019 01:12 PM]

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  • 04/09/2019
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  • (#1) DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 04/16/2019. Transcript ordered by 05/09/2019. Transcript due 06/10/2019. Appellants Rodney T. Ditrich and Thurston County opening brief due 07/18/2019. Appellee Joseph A. Nelson answering brief due 08/19/2019. Appellant's optional reply brief is due 21 days after service of the answering brief. [11258416] (JMR) [Entered: 04/09/2019 03:56 PM]

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