D.S. et al v. Washington State Department of Children Youth and Families et al, No. 2:2021cv00113 - Document 69 (W.D. Wash. 2021)

Court Description: ORDER granting Parties' 67 Stipulated Motion Regarding Discovery Responses and Amendment to Scheduling Order. Plaintiffs' Motion for Class Certification is to be filed on or by November 2, 2021. Discovery in this matter is stayed until August 27, 2021. Signed by Judge Barbara J. Rothstein.(MW)

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D.S. et al v. Washington State Department of Children Youth and Families et al Doc. 69 Case 2:21-cv-00113-BJR Document 69 Filed 08/04/21 Page 1 of 6 1 2 3 4 5 6 7 8 The Honorable Barbara J. Rothstein 9 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 10 11 12 13 D.S. by and through her next friend TARA URS; et al., Plaintiffs, 14 15 16 17 18 v. NO. 2:21-cv-00113-BJR WASHINGTON STATE DEPARTMENT OF CHILDREN, YOUTH, AND FAMILIES; et al., Defendants. STIPULATION AND ORDER REGARDING DISCOVERY RESPONSES AND AMENDMENT TO SCHEDULING ORDER 19 I. STIPULATION 20 The parties, by and through their respective attorneys of record, report to the Court that 21 they are actively engaged in mediation efforts facilitated by mediator Kathleen Noonan. In 22 furtherance of these efforts and to allow the parties to focus on the possible resolution of this 23 matter, the parties hereby stipulate to the following: 24 25 26 Dockets.Justia.com Case 2:21-cv-00113-BJR Document 69 Filed 08/04/21 Page 2 of 6 1 1. The parties agree to a stay of discovery until August 27, 2021, meaning that 2 neither party has the duty to answer or respond to discovery requests served on them, with 3 following exceptions: 4 a. Defendants’ production of Named Plaintiff H.A.’s case file as soon as possible, 5 including the potential disclosure of email correspondence after exchange of 6 search terms by the parties and discussions regarding volume to be produced; 7 b. Plaintiffs’ taking of two depositions related to the H.A. case file; 8 c. Defendants’ production of the RDA Phase 1 data report and other data related to 9 youth who are staying in hotels, motels, or offices or for one-night stays, as agreed 10 by the parties; and d. Defendants’ continuation of their efforts to assemble case file information on the 11 12 13 other named Plaintiffs by the end of the stay of discovery. 2. The parties agree that the current pretrial schedule in this matter (Dkt. No. 22, as 14 amended by Dkt. No. 61) should be amended such that Plaintiffs’ motion for class certification 15 will be filed on or by November 2, 2021. 16 3. 17 this stipulation. 18 RESPECTFULLY SUBMITTED this 23rd day of July 2021. 19 The parties agree that this Court should enter an order that approves and adopts PLAINTIFFS’ COUNSEL ROBERT W. FERGUSON Attorney General 25 s/Susan Kas SUSAN KAS, WSBA No. 36592 Disability Rights Washington CHRISTOPHER CARNEY, WSBA No. 30325 Carney Gillespie PLLP LEECIA WELCH, WSBA No. 26590 National Center for Youth Law s/Daniel J. Judge DANIEL J. JUDGE, WSBA No. 17392 Senior Counsel WILLIAM MCGINTY, WSBA No. 41868 JAMES M. RICHARDSON III, WSBA No. 45095 Assistant Attorneys General 26 Attorneys for Plaintiffs Attorneys for Defendants 20 21 22 23 24 Case 2:21-cv-00113-BJR Document 69 Filed 08/04/21 Page 3 of 6 1 2 3 4 5 6 7 II. ORDER IT IS HEREBY ORDERED that: 1. The stipulation of the parties is APPROVED AND ADOPTED. Dkt. No. 22, as amended by Dkt. No. 61, is further AMENDED: Plaintiffs’ Motion for Class Certification is to be filed on or by November 2, 2021. 2. Discovery in this matter is stayed until August 27, 2021, meaning that neither 8 party has the duty to answer or respond to discovery requests served on them, with following 9 exceptions: 10 a. Defendants’ production of Named Plaintiff H.A’s case file as soon as possible, 11 including the potential disclosure of email correspondence after exchange of 12 13 search terms by the parties and discussions regarding volume to be produced; 14 b. Plaintiffs’ taking of two depositions related to the H.A. case file; 15 c. Defendants’ production of the RDA Phase 1 data report and other data related to 16 youth who are staying in hotels, motels, or offices or for one-night stays, as agreed 17 by the parties; and 18 d. Defendants’ continuation of their efforts to assemble case file information on the 19 other named Plaintiffs by the end of the stay of discovery. 20 21 Dated this 4th day of August, 2021. 22 23 24 25 26 ______________________________________ BARBARA J. ROTHSTEIN UNITED STATES DISTRICT JUDGE Case 2:21-cv-00113-BJR Document 69 Filed 08/04/21 Page 4 of 6 1 Presented by: 2 3 4 5 6 7 s/Susan Kas____________________________ SUSAN KAS, WSBA No. 36592 DISABILITY RIGHTS WASHINGTON 315 5th Avenue South, Suite 850 Seattle, WA 98104 Telephone: (206) 324-1521 Fax: (206) 957-0729 Email: susank@dr-wa.org 8 9 10 11 12 CARNEY GILLESPIE PLLP CHRISTOPHER CARNEY, WSBA No. 30325 600 1st Avenue, Suite LL08 Seattle, WA 98104 Telephone: (206) 445-0212 Fax: (206) 238-9987 Email: christopher.carney@carneygillespie.com 13 14 15 16 17 18 19 20 21 22 23 24 25 26 NATIONAL CENTER FOR YOUTH LAW LEECIA WELCH, WSBA No. 26590 1212 Broadway, Suite 600 Oakland, CA 94612 Telephone: (510) 835-8098 Fax: (510) 835-8099 Email: lwelch@youthlaw.org Attorneys for Plaintiffs Case 2:21-cv-00113-BJR Document 69 Filed 08/04/21 Page 5 of 6 1 2 3 Approved for Entry by: ROBERT W. FERGUSON Attorney General 4 5 6 7 s/Daniel J. Judge DANIEL J. JUDGE, WSBA No. 17392 Senior Counsel WILLIAM MCGINTY, WSBA No. 41868 JAMES M. RICHARDSON III, WSBA No. 45095 Assistant Attorneys General 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Office of the Attorney General 7141 Cleanwater Drive SW PO Box 40124 Olympia, WA 98504-0124 Telephone: (360) 586-6565 Fax: (360) 586-6659 Email: Daniel.Judge@atg.wa.gov William.McGinty@atg.wa.gov James.RichardsonIII@atg.wa.gov Attorneys for Defendants Case 2:21-cv-00113-BJR Document 69 Filed 08/04/21 Page 6 of 6 1 2 3 CERTIFICATE OF SERVICE I hereby certify that on July 23, 2021, I caused to be electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which will send notification of such 4 5 6 7 8 9 10 filing to the following: Daniel Judge William McGinty James Richardson danielj@atg.wa.gov WilliamM1@atg.wa.gov james.richardsoniii@atg.wa.gov I certify under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct. DATED this 23rd day of July, 2021. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 /s/Mona Rennie Mona Rennie, Legal Assistant Disability Rights Washington

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