Case 9: Robert Caruso and Sandra Ferguson v. WSBA, WAWD #2:17-cv-0003-RSM
Issues: Whether New WSBA 2017 violates freedom of non-association and expression (First Amendment) and right to procedural due process (Fifth Amendment) and the New WSBA has the power to discipline lawyers under the current Rules for Enforcement of Lawyer Conduct (ELC).
The trial judge dismissed the case (all of Plaintiffs’ claims) and ordered Steve Eugster to pay the WSBA over $28,000.00 in attorneys fees under Fed. R. Civ. P. 11(b).
There are two Appeals to the 9th Circuit Court of Appeals, Caruso v. WSBA No. 17-55410 and Eugster v. WSBA No. 17-35529.
Caruso v. WSBA No. 17-55410
- Opening Brief 2017_09 20_Opening_Brief_Corrected
- Response Brief Not filed yet. (Scheduling order of court said it was due on October 20, 2017.)
- WSBA’s Motion to Consolidate
Eugster v. WSBA No. 17-35529
- Opening Brief 2017_10_31_Opening_Brief_WP
Trial Court — Caruso & Ferguson v. WSBA
- Doc_1 Complaintwashlawyerdefense.com/…/2017_10_31_Opening_Brief_WP.pdf
- Doc_4_First Amended Complaint
- Doc_8_Motion for Summary Judgment
- Doc 16 WSBA Motion to Dismiss
- Doc_18_Response to Motion to Dismiss
- Doc_19_Declaration of Stephen Eugster
- ( WSBA Motion for Fees (Not filed))
- Doc_21 Reply in Support of Motion to Dismiss
- Doc_28 Decision
- Notice of Appeal filed on May 12, 2017
- Doc_33 Decision on Rule 11 etc. Motion of Defendants
The 9th Circuit affirmed the decision in each appeal Appellants have filed Petitions for Re-hearing Enbanc
Motion for Pre-Filing Order
The WSBA has filed a vexatious litigation motion seeking the requirement of a pre-filing order directed to Eugster. Judge Matinez has not been disqualified, thus he will make the decision about the necessity of a pre-filing order.