Gray v. United States of America (3:18-cv-05464), Washington Western District Court

Gray v. United States of America

Washington Western District Court
Judge:	Benjamin H Settle
Case #:	3:18-cv-05464
Nature of Suit	510 Prisoner Petitions - Motions to Vacate Sentence
Cause	28:2255 Motion to Vacate / Correct Illegal Sentenc

Case Filed:	Jun 11, 2018
Terminated:	Mar 05, 2020

Docket
Parties

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Docket last updated: 04/25/2024 11:59 PM PDT

Thursday, March 05, 2020
35		35 order Judgment by Court Thu 03/05 3:38 PM JUDGMENT BY COURT in favor of United States of America against Kimberly Brooke Gray. (MGC) Related: [-]
34		34 15 pgs order Order on Motion for Miscellaneous Relief Thu 03/05 12:40 PM ORDER denying1 Motion Vacate, Set Aside or Correct Sentence pursuant to 28 U.S.C. 2255 filed by Kimberly Brooke Gray. Related to criminal case: 3:16-cr-05600-BHS-13. Signed by Judge Benjamin H. Settle. (MGC) Related: [-]
Friday, December 27, 2019
33		33 misc Brief - Reply Fri 12/27 9:48 AM REPLY BRIEF Post Evidentiary Hearing by Petitioner Kimberly Brooke Gray. (Elliott, Suzanne) Related: [-]
Friday, December 20, 2019
32		32 misc Brief - Responsive Fri 12/20 11:49 AM RESPONSIVE BRIEF to Petitioner's Post-Evidentiary Hearing Memorandum re31 Memorandum by Respondent United States of America. (Koski, Charlene) Related: [-]
Friday, December 13, 2019
31		31 10 pgs misc Memorandum Fri 12/13 2:15 PM MEMORANDUM As Ordered by the Court Post Evidentiary Hearing by Petitioner Kimberly Brooke Gray (Elliott, Suzanne) Related: [-]
Wednesday, December 04, 2019
30		30 misc Transcript - Notice of Filing of Official Transcript Wed 12/04 1:43 PM NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Evidentiary Hearing held on 12/2/2019 before Judge Benjamin H. Settle. Parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at [LINK:www.wawd.uscourts.gov] . To purchase a copy of the transcript, contact court reporter Angela Nicolavo, angela_nicolavo@wawd.uscourts.gov, 253-882-3832. Release of Transcript Restriction set for 3/3/2020, (AN) Related: [-]
Monday, December 02, 2019
29		29 minutes Motion Hearing Tue 12/03 9:08 AM MINUTE ENTRY for Evidentiary Hearing held on 12/2/2019 before Judge Benjamin H. Settle - Dep Clerk: Gretchen Craft ; Pla Counsel: Suzanne Elliott ; Def Counsel: Charlene Koski ; CR: Angela Nicolavo ; Time of Hearing: 1:30 ; Courtroom: E ; re1 MOTION to Vacate, Set Aside or Correct Sentence filed by Kimberly Brooke Gray. Petitioner stipulates to all exhibits except for parts of Tab 8. Petitioner calls Kimberly Gray . Respondent calls James Feldman , Marci Ellsworth . All of Respondent's exhibits are offered and admitted. Court directs the parties to submit arguments by brief: Petitioner's closing due by 12/13/2019; Response due 12/20/2019; Reply due 12/27/2019. A transcript of the proceedings will be provided at no expense to the parties. Court orders that Petitioner be returned to the facility where she is permanently housed. (MGC) Related: [-]
Tuesday, November 26, 2019
28		28 misc Declaration (non motion) Tue 11/26 4:58 PM DECLARATION of Marci L. Ellsworth, AUSA re27 Memorandum by Respondent United States of America (Koski, Charlene) Related: [-]
27		27 9 pgs misc Memorandum Tue 11/26 4:57 PM MEMORANDUM PreHearing by Respondent United States of America (Koski, Charlene) Related: [-]
Friday, November 22, 2019
26		26 misc List Fri 11/22 12:00 PM LIST of Proposed Exhibits by Petitioner Kimberly Brooke Gray (Elliott, Suzanne) Related: [-]
25		25 trial Witness List Fri 11/22 11:59 AM Witness List by Petitioner Kimberly Brooke Gray. (Elliott, Suzanne) Related: [-]
Wednesday, August 28, 2019
		utility Set/Reset Motion Noting Date (Public, notice to parties) Wed 08/28 9:43 AM 1 MOTION to Vacate, Set Aside or Correct Sentence pursuant to 28 U.S.C. 2255 is re-noted for 12/2/2019. (MGC) Related: [-]
Thursday, August 22, 2019
24		24 notice Notice of Hearing on Motion Thu 08/22 1:59 PM NOTICE of Hearing on1 MOTION to Vacate, Set Aside or Correct Sentence pursuant to 28 U.S.C. 2255, filed by Kimberly Brooke Gray: Motion Hearing set for 12/2/2019 at 1:30 PM in Courtroom E before Judge Benjamin H. Settle. (MGC) Related: [-]
23		23 misc Joint Status Report Thu 08/22 9:55 AM JOINT STATUS REPORT signed by all parties estimated Trial Days: One-half day. Filed by Petitioner Kimberly Brooke Gray.(Elliott, Suzanne) Related: [-]
Wednesday, August 21, 2019
		utility Set/Reset Deadlines Wed 08/21 9:31 AM Case Management deadline for JSR re Evidentiary Hearing set for 8/23/2019. (MGC) Related: [-]
Tuesday, August 06, 2019
22		22 21 pgs order Order to Show Cause Tue 08/06 1:12 PM ORDER DENYING IN PART PETITIONER'S1 MOTION TO VACATE, SET ASIDE, OR CORRECT SENTENCE AND GRANTING EVIDENTIARY HEARING ON GROUND TWO signed by Judge Benjamin H. Settle. Petitioner's1 Motion to vacate, set aside, or correct sentence, is DENIED as to ground one and ground three, GRANTED as to her request for an evidentiary hearing on ground two, and RESERVING ruling on the merits of ground two. The parties shall submit a joint status report with proposed dates for the evidentiary hearing by August 23, 2019. Petitioner is further ordered to SHOW CAUSE in writing why the Court should not DISMISS the grounds remaining from the original petition for failure to prosecute. Failure to show cause or otherwise respond by August 23, 2019 will result in DISMISSAL of those grounds without further notice to the parties. (GMR) Related: [-]
Friday, March 15, 2019
21		21 respm Reply to Response to Motion Fri 03/15 12:18 PM REPLY, filed by Petitioner Kimberly Brooke Gray, TO RESPONSE to14 Stipulated MOTION Amend Petition and Scheduling Order(Elliott, Suzanne) Related: [-]
		Att: 1 Exhibit
Tuesday, February 26, 2019
20		20 respm Response to Motion Tue 02/26 3:26 PM RESPONSE, by Respondent United States of America, to1 MOTION,14 Stipulated MOTION Amend Petition and Scheduling Order .(Koski, Charlene) Related: [-]
		Att: 1 Exhibit A,
		Att: 2 Exhibit B,
		Att: 3 Exhibit C,
		Att: 4 Exhibit D,
		Att: 5 Exhibit E,
		Att: 6 Exhibit F
Wednesday, February 06, 2019
19		19 1 pgs order Order on Motion for Extension of Time to Answer ~Util - Set/Reset Deadlines ~Util - Set/Reset Motion Noting Date Wed 02/06 11:29 AM ORDER granting18 Motion for Extension of Time to Answer: Responsive Brief due by 3/1/2019, Appellant Reply Brief due by 3/15/2019,1 MOTION to Vacate, Set Aside or Correct Sentence renoted for 3/15/2019. Signed by Judge Benjamin H. Settle. (MGC) Related: [-]
Thursday, January 24, 2019
18		18 motion Extension of Time to File Answer Thu 01/24 9:48 AM MOTION for Extension of Time to File Answer Petitioner's 28 U.S.C. 2255 Motion , filed by Respondent United States of America. Noting Date 2/1/2019, (Koski, Charlene) Related: [-]
		Att: 1 Proposed Order
Friday, January 04, 2019
17		17 misc Brief Fri 01/04 4:27 PM BRIEF In Support of 2255 Motion by Petitioner Kimberly Brooke Gray(Elliott, Suzanne) Related: [-]
		Att: 1 Exhibit 1
Tuesday, December 18, 2018
16		16 notice Notice of Withdrawal of Counsel Tue 12/18 10:35 AM NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Matthew H Thomas for Respondent United States of America. (Thomas, Matthew) Related: [-]
Thursday, November 08, 2018
15		15 2 pgs order Order on Motion for Miscellaneous Relief ~Util - Set/Reset Deadlines/Hearings Thu 11/08 3:08 PM ORDER granting14 Stipulated Motion to Amend the Petition and the Scheduling Order; signed by Judge Benjamin H. Settle. Petitioner's additional briefing due by 1/4/2019, The Government Response is due by 1/28/2019, Petitoner may file a Reply by 2/11/2019. Consideration of these additional matters will be noted for February 18, 2019. (SP) Related: [-]
Tuesday, October 23, 2018
14		14 motion Miscellaneous Relief Tue 10/23 7:08 AM Stipulated MOTION Amend Petition and Scheduling Order , filed by Petitioner Kimberly Brooke Gray. Noting Date 10/23/2018, (Elliott, Suzanne) Related: [-]
Thursday, September 13, 2018
13		13 1 pgs order Order on Stipulated Motion ~Util - Set/Reset Motion Noting Date ~Util - Terminate Motions Thu 09/13 2:15 PM ORDER signed by Judge Benjamin H. Settle granting12 Stipulated Motion re Scheduling. Motion to Vacate re1 Motion to Vacate/Set Aside/Correct Sentence (2255) RENOTED on motion calendar for 12/28/2018. (TG) Related: [-]
Wednesday, September 12, 2018
12		12 motion Stipulated Motion Wed 09/12 3:47 PM Stipulated MOTION TO SET DISCOVERY AND BRIEFING SCHEDULE , filed by Petitioner Kimberly Brooke Gray. Noting Date 9/12/2018, (Elliott, Suzanne) Related: [-]
Thursday, August 30, 2018
		utility Set/Reset Motion Noting Date (Public, notice to parties) Thu 08/30 10:32 AM NOTICE OF NOTING DATE CORRECTION TO: 9/14/2018 , (pursuant to LCR 7(d)(3) & 7(d)(7)), re11 Motion for Extension of Time to File Answer to Petitioner's 28 U.S.C. 2255 Motion. (GMR) Related: [-]
Tuesday, August 28, 2018
11		11 motion Extension of Time to File Answer Tue 08/28 1:30 PM MOTION for Extension of Time to File Answer to Petitioner's 28 U.S.C. 2255 Motion , filed by Respondent United States of America. Noting Date 8/28/2018, (Koski, Charlene) Related: [-]
10		10 cja CJA 20 - Appointment Tue 08/28 12:27 PM CJA 20: Appointment of Attorney Suzanne Lee Elliott for Kimberly Brooke Gray. Signed by Judge Benjamin H. Settle. (MGC) Related: [-]
Wednesday, August 15, 2018
9		9 2 pgs order Order on Motion for Miscellaneous Relief Order on Motion to Appoint Counsel Wed 08/15 11:48 AM ORDER denying5 Motion re waiver and granting8 Motion to Appoint Counsel. Signed by Judge Benjamin H. Settle. cc: CJA (MGC) Related: [-]
Friday, July 13, 2018
8		8 motion Appoint Counsel Fri 07/13 10:41 AM MOTION to Appoint Counsel corrected , filed by Petitioner Kimberly Brooke Gray. (Feldman, James) Related: [-]
7		7 motion Appoint Counsel Fri 07/13 10:21 AM PLEASE DISREGARD MOTION to Appoint Counsel , filed by Petitioner Kimberly Brooke Gray.(Feldman, James) Modified on 7/13/2018: at the request of filer - document stricken and noting termed. Corrected motion filed as ECF #8. (CMG) Related: [-]
		Att: 1 Proposed Order
		utility Terminate Motions (Public, notice to parties) Fri 07/13 11:44 AM ***Terminating the7 MOTION to Appoint Counsel filed by Kimberly Brooke Gray; pursuant to request from filer - document was incorrectly titled, and has been resubmitted as ECF #8. (CMG) Related: [-]
		utility Notice of Docket Text Modification Fri 07/13 11:46 AM NOTICE of Docket Text Modification re7 MOTION to Appoint Counsel : at the request of filer, document stricken and noting date termed. Document was incorrectly titled and has been corrected at ECF #8. (CMG) Related: [-]
Thursday, July 12, 2018
6		6 order 1 - Order ~Util - Set/Reset Motion Noting Date Thu 07/12 3:36 PM ORDER by the Honorable Benjamin H. Settle extending deadline to respond to1 Motion to Vacate/Set Aside/Correct Sentence (2255); and renoting5 Emergency MOTION Regarding Waiver of Attorney-Client Privilege and Request for Extension of Time to 7/27/2018. Motion to vacate is renoted to 9/14/2018. (TG; cc mailed to petitioner) Related: [-]
Wednesday, July 11, 2018
5		5 motion Miscellaneous Relief Wed 07/11 2:59 PM Emergency MOTION Regarding Waiver of Attorney-Client Privilege and Request for Extension of Time , filed by Respondent United States of America. Noting Date 7/11/2018, (Koski, Charlene) Related: [-]
		Att: 1 Proposed Order
Monday, June 18, 2018
4		4 notice Notice of Appearance Mon 06/18 1:47 PM NOTICE of Appearance by attorney Charlene Koski on behalf of Respondent United States of America. (Koski, Charlene) Related: [-]
Tuesday, June 12, 2018
3		3 order 1 - Order Tue 06/12 10:21 AM ORDER Requiring Answer signed by Judge Benjamin H. Settle re1 Motion to Vacate/Set Aside/Correct Sentence (2255) filed by Kimberly Brooke Gray. Motion noted for July 27, 2018. (TG; cc mailed to petitioner) Related: [-]
		utility Set/Reset Motion Noting Date (Public, notice to parties) Tue 06/12 10:23 AM Noting Date Set/Reset re1 Motion to Vacate/Set Aside/Correct Sentence (2255): Noting Date 7/27/2018. (TG) Related: [-]
		motion Motion Calendar Tue 06/12 10:27 AM Motion to Vacate re1 Motion to Vacate/Set Aside/Correct Sentence (2255) NOTED on motion calendar; Noting Date 7/27/2018. (TG) Related: [-]
Monday, June 11, 2018
2		2 misc Letter Mon 06/11 3:50 PM LETTER to Filer re case number and Judge assignment. (GMR) Related: [-]
1		1 mot2255 Motion to Vacate/Set Aside/Correct Sentence (2255) Mon 06/11 3:35 PM MOTION to Vacate, Set Aside or Correct Sentence pursuant to 28 U.S.C. 2255, filed by Kimberly Brooke Gray. Related to criminal case: 3:16-cr-05600-BHS-13.(GMR) Related: [-]
		Att: 1 envelope

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