Virgil Armstrong v. Carl Whalen, et al

Docket(#12) Filed (ECF) Appellants Chad Daugherty, Kore Oyetuga, Ty Trenary and Carl Whalen Correspondence: Certification of no reporter transcript.. Date of service: 08/27/2020 [11804550] [20-35583]--[COURT UPDATE: Updated docket text to reflect correct ECF filing type. 08/27/2020 by SLM] (Severson, Deborah) [Entered: 08/27/2020 09:42 AM]

Docket(#11) Streamlined request [10] by Appellants Chad Daugherty, Kore Oyetuga, Ty Trenary and Carl Whalen to extend time to file the brief is approved. Amended briefing schedule: Appellants Chad Daugherty, Kore Oyetuga, Ty Trenary and Carl Whalen opening brief due 11/06/2020. Appellee Virgil Armstrong answering brief due 12/07/2020. The optional reply brief is due 21 days from the date of service of the answering brief. [11795570] (JN) [Entered: 08/19/2020 04:45 PM]

Docket(#10) Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellants Chad Daugherty, Kore Oyetuga, Ty Trenary and Carl Whalen. New requested due date is 11/06/2020. [11794981] [20-35583] (Severson, Deborah) [Entered: 08/19/2020 01:03 PM]

Docket(#9) Terminated Appellant Snohomish County in 20-35583 [11757672] (JPD) [Entered: 07/17/2020 04:43 PM]

Docket(#8) Filed clerk order (Deputy Clerk: LK): Appellant Snohomish Countys motion (Docket Entry No. [ # 5 ]) for voluntary dismissal is granted. This appeal is dismissed as to appellant Snohomish County only. Fed. R. App. P. 42(b). This order served on the district court shall act as and for the mandate of this court as to appellant Snohomish County only. The appeal will proceed as to the remaining parties. The opening brief is due October 7, 2020. The answering brief is due November 6, 2020. The optional reply brief is due within 21 days after service of the answering brief. [11757667] (JPD) [Entered: 07/17/2020 04:41 PM]

Docket(#7) Filed order MEDIATION (LW): The assessment conference scheduled for July 21, 2020 is cancelled. On or before July 29, 2020 counsel is requested to contact the mediator to report on the status of the case. [11750967] (SB) [Entered: 07/13/2020 02:46 PM]

Docket(#6) MEDIATION CONFERENCE SCHEDULED - DIAL IN Assessment Conference, 07/21/2020, 1:00 p.m., PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [11747498] (LW) [Entered: 07/09/2020 01:12 PM]

Docket(#5) Filed (ECF) Appellants Snohomish County, Chad Daugherty, Kore Oyetuga, Ty Trenary and Carl Whalen Motion to dismiss party from case. Date of service: 07/08/2020. [11745882] [20-35583] (Severson, Deborah) [Entered: 07/08/2020 11:52 AM]

Docket(#4) The Mediation Questionnaire for this case was filed on 07/06/2020. 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.[11743546]. [20-35583] (AD) [Entered: 07/06/2020 06:44 PM]

Docket(#3) Filed (ECF) Appellants Chad Daugherty, Kore Oyetuga, Snohomish County, Ty Trenary and Carl Whalen Mediation Questionnaire. Date of service: 07/06/2020. [11743083] [20-35583] (Severson, Deborah) [Entered: 07/06/2020 03:05 PM]

Docket(#2) Filed clerk order (Deputy Clerk: LCC): A review of the record suggests that this court may lack jurisdiction over the appeal filed by Snohomish County because the order challenged in the appeal may not be final or appealable as to the County. See 28 U.S.C. 1291; Fed. R. Civ. P. 54(b); Horton by Horton v. City of Santa Maria, 915 F.3d 592, 603 (9th Cir. 2019) (The denial of summary judgment to a municipal defendant on a Monell claim is . . . no different from the denial of any ordinary motion for summary judgment, and so is not immediately appealable.); see also Dougherty v. City of Covina, 654 F.3d 892, 900 (9th Cir. 2011) (Qualified immunity does not shield municipalities from liability.). Within 21 days after the date of this order, appellant Snohomish County shall move for voluntary dismissal of its appeal or show cause why its appeal should not be dismissed for lack of jurisdiction. If Snohomish County elects to show cause, a response may be filed within 10 days after service of the memorandum. If Snohomish County does not comply with this order, the Clerk shall dismiss the Countys appeal pursuant to Ninth Circuit Rule 42-1. Briefing is suspended pending further order of the court. [11741443] (JPD) [Entered: 07/02/2020 04:32 PM]

Docket(#1) DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellants Chad Daugherty, Kore Oyetuga, Snohomish County, Ty Trenary and Carl Whalen Mediation Questionnaire due on 07/07/2020. Transcript ordered by 07/29/2020. Transcript due 08/28/2020. Appellants Chad Daugherty, Kore Oyetuga, Snohomish County, Ty Trenary and Carl Whalen opening brief due 10/07/2020. Appellee Virgil Armstrong answering brief due 11/06/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11738224] (JBS) [Entered: 06/30/2020 12:23 PM]