Skip to content

Case Detail

[Subscribe to updates]
Case TitleMoynihan v. Swinomish Tribal Police Agency
DistrictWestern District of Washington
CitySeattle
Case Number2:2010cv00502
Date Filed2010-03-26
Date Closed2011-12-14
JudgeJudge Ricardo S. Martinez
PlaintiffMichael Francis Moynihan Jr
DefendantSwinomish Tribal Police Agency
AppealNinth Circuit 11-35737
Documents
Docket
Complaint
Opinion/Order [26]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2010-03-241MOTION for Leave to Proceed in forma pauperis before Judge Tsuchida, filed by Michael Francis Moynihan, Jr. (Attachments: # 1 Petition for Writ of Mandamus, # 2 Civil Cover Sheet)(PM) (Entered: 03/26/2010)
2010-04-013NOTICE of Appearance by attorney Thomas B Nedderman on behalf of Respondent Swinomish Tribal Police Agency. (Nedderman, Thomas) (Entered: 04/01/2010)
2010-04-014ORDER granting pltf's 1 Motion for Leave to Proceed in forma pauperis by Hon. James P. Donohue.(RS)cc M Moynihan (Entered: 04/01/2010)
2010-04-015PETITION FOR WRIT OF MANDAMUS filed by Michael Francis Moynihan, Jr.(RS) (Entered: 04/01/2010)
2010-04-096ORDER TO SHOW CAUSE Show Cause Response due within 30 days by Judge Ricardo S Martinez. (RS)cc M Moynihan (Entered: 04/09/2010)
2010-04-267COMPLAINT (Clarification) against defendant(s) Swinomish Tribal Police Agency.(RS) (Entered: 04/27/2010)
2010-08-028ORDER Directing Clerk to Issue Summons by Judge Ricardo S Martinez; Clerk issued summons in blank and sent, with copy of this Order, to pltf Moynihan via USPS (TF) (Entered: 08/02/2010)
2010-08-099Mail Returned as Undeliverable re 8 Order addressed to Michael Moynihan Jr (RS) (Entered: 08/10/2010)
2010-09-0110ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT Joint Status Report due by 10/13/2010, FRCP 26f Conference Deadline is 9/29/2010, Initial Disclosure Deadline is 10/6/2010, by Judge Ricardo S. Martinez. Order sent to pla via USPS 9/1/2010 (LW). (Entered: 09/01/2010)
2010-09-0911Mail Returned as Undeliverable re 10 Joint Status Report Order, addressed to Michael Moynihan (RS) (Entered: 09/10/2010)
2010-09-27Reset Deadlines: FRCP 26f Conference Deadline is 10/27/2010, Initial Disclosure Deadline is 11/3/2010, Joint Status Report due by 11/17/2010. (LC) (Entered: 09/27/2010)
2011-01-0312ORDER TO SHOW CAUSE Show Cause Response due by 1/17/2011, by Judge Ricardo S Martinez. (RS)cc M Moynihan (Entered: 01/03/2011)
2011-01-1113REQUEST by Petitioner Michael Francis Moynihan, Jr for court forms, etc. Clerk to send appropriate forms to petitioner (RS) (Entered: 01/14/2011)
2011-01-1914Letter from plaintiff with attached summons form; clerk updated pltf's mailing address. (RS) (Entered: 01/20/2011)
2011-01-2815REVISED ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT Joint Status Report due by 3/11/2011, FRCP 26f Conference Deadline is 2/25/2011, Initial Disclosure Deadline is 3/4/2011, by Judge Ricardo S. Martinez. Sent to pro se plaintiff via U.S. Mail 1/28/2011. (LW) (Entered: 01/28/2011)
2011-01-3116MINUTE ORDER the documents filed by pltf on 1/19/11 appear to comply with the order to show cause; pltf's case will not be dismissed by Judge Ricardo S Martinez. (RS)cc M Moynihan (Entered: 01/31/2011)
2011-03-0317MOTION to Dismiss by Respondent Swinomish Tribal Police Agency. (Attachments: # 1 Proposed Order) Noting Date 3/25/2011, (Nedderman, Thomas) (Entered: 03/03/2011)
2011-03-0318DECLARATION of Thomas B. Nedderman filed by Respondent Swinomish Tribal Police Agency re 17 MOTION to Dismiss (Nedderman, Thomas) (Entered: 03/03/2011)
2011-03-0319DECLARATION of Tom Schlicker filed by Respondent Swinomish Tribal Police Agency re 17 MOTION to Dismiss (Nedderman, Thomas) (Entered: 03/03/2011)
2011-03-0320NOTICE of Interrogatories filed by Petitioner Michael Francis Moynihan, Jr. (TF) (Entered: 03/03/2011)
2011-03-04Attorney Francis S Floyd for Swinomish Tribal Police Agency added per 17 Motion. (KN) (Entered: 03/04/2011)
2011-04-1221MOTION for Discovery Strike Plaintiff's First Interrogatories by Respondent Swinomish Tribal Police Agency. (Attachments: # 1 Proposed Order) Noting Date 5/6/2011, (Nedderman, Thomas) (Entered: 04/12/2011)
2011-04-1222MOTION to compel defense to answer interrogatories by Petitioner Michael Francis Moynihan, Jr. (Attachments: # 1 Proposed Order) Clerk noted for 4/29/2011, (RS) (Entered: 04/14/2011)
2011-04-1223NOTICE of Change of Address Filed by Petitioner Michael Francis Moynihan, Jr. (JS) (Entered: 04/15/2011)
2011-04-1524MOTION Strike Plaintiff's Motion to Compel re 22 MOTION to Compel by Respondent Swinomish Tribal Police Agency. (Attachments: # 1 Proposed Order) Noting Date 5/6/2011, (Nedderman, Thomas) (Entered: 04/15/2011)
2011-05-0325RESPONSE SUMMATION TO DEFENSE by Petitioner Michael Francis Moynihan, Jr. (Attachments: # 1 Proposed Order)(RS) (Entered: 05/04/2011)
2011-05-0626ORDER granting dft Swinomish Tribal Police Agency's 17 Motion to Dismiss; all pending motions are moot by Judge Ricardo S Martinez.(RS)cc M Moynihan Jr (Entered: 05/09/2011)
2011-05-0627JUDGMENT BY COURT granting dft's motion to dismiss (RS)cc M Moynihan (Entered: 05/09/2011)
2011-08-3028NOTICE OF APPEAL (11-35737) as to 27 Judgment by Court, 26 Order on Motion to Dismiss, Order on Motion for Discovery, Order on Motion to Compel, Order on Motion for Miscellaneous Relief filed by Petitioner Michael Francis Moynihan, Jr. (LMK) Modified on 9/2/2011 to add CCA number (JS). (Entered: 09/01/2011)
2011-09-01Appeal Fees not received: In Forma Pauperis granted 4/4/10; re 28 Notice of Appeal filed by Michael Francis Moynihan, Jr (LMK) (Entered: 09/01/2011)
2011-09-0229TIME SCHEDULE ORDER (11-35737) as to 28 Notice of Appeal filed by Michael Francis Moynihan, Jr: Appellants opening brief due by 12/8/2011; Appellees response brief due by 1/9/2012; The optional appellant's reply brief shall be filed and served within fourteen days of service of the appellee's brief, pursuant to FRAP 32 and 9th Cir. R. 32-1. Failure of the appellant to comply with the Time Schedule Order will result in automatic dismissal of the appeal. See 9th Cir. R. 42-1.(JS) (Entered: 09/02/2011)
2011-10-2030ORDER of USCA (11-35737) as to 28 Notice of Appeal, filed by Michael Francis Moynihan, Jr. A review of the record demonstrates that, although the August 30, 2011 notice of appeal was not filed within 30 days after the judgment entered on May 9, 2011, appellants notice of appeal contains a request to reopen the time to appeal pursuant to Federal Rule of Appellate Procedure 4(a)(6). The district court has not ruled on that request. Accordingly, this appeal is remanded to the district court for the limitedpurpose of allowing that court to rule on appellants August 30, 2011 request. SEE ORDER FOR FURTHER INSTRUCTION. (SA) (Entered: 10/20/2011)
2011-11-0431ORDER On Motion to Reopen the Time to File an Appeal signed by Judge Ricardo S Martinez. The Court finds that petitioner did not receive notice of the May 9, 2011 order dismissing his claims. His motion to reopen the time to file an appeal was filed within 180 days of the date of the dismissal order. The respondent inthis matter will not be prejudiced by allowing petitioner to file an untimely appeal.Accordingly, having reviewed petitioners notice of appeal and the request to reopen the time to file an appeal contained therein, and the remainder of the record, the Court hereby finds and ORDERS:Petitioners request to reopen the time to file an appeal is GRANTED. The Clerk of the Court is directed to forward a copy of this Order to petitioner, to all counsel of record, and to the Honorable Johnnie B. Rawlinson and the Honorable Carlos Bea, Circuit Judges. The Clerk of the Court is also directed to forward a copy of this Courts May 6, 2011 order granting respondents motion to dismiss (Dkt. # 26) and the accompanying judgment (Dkt. # 27) to the petitioner. Copies of Order transmitted electronically to counsel of record, and Circuit Judges. Specified documents and Order mailed to Petitioner. (LMK) (Entered: 11/04/2011)
2011-11-0732Letter from Michael Moynihan regarding mail. (LMK) (Entered: 11/08/2011)
2011-11-0933Mail Returned as Undeliverable re 27 Judgment by Court, 26 Order on Motion to Dismiss, Order on Motion for Discovery, Order on Motion to Compel, Order on Motion for Miscellaneous Relief, 31 Order addressed to Michael Moynihan; Envelope indicates Plaintiff has been released. (LMK) (Entered: 11/14/2011)
2011-12-1434MANDATE of USCA (11-35737) as to 28 Notice of Appeal, filed by Michael Francis Moynihan Jr; this appeal is dismissed for failure to respond to order. (Order dated 11/14/2011), This order served on the district court shall constitute the mandate of this court. (LMK) (Entered: 12/15/2011)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar