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Uhler v. Van Cleave
United States District Court, W.D. Washington, Seattle
February 10, 2017
ERIC and LYSA UHLER, husband and wife and the marital community composed thereof, Plaintiffs,
TROOPER CHASE VAN CLEAVE, TROOPER BRENT MERTENS, and TROOPER ANDREW RAMOS, Defendants.
ORDER GRANTING PLAINTIFFS’ MOTION FOR
RICARDO S. MARTINEZ CHIEF UNITED STATES DISTRICT JUDGE.
matter comes before the Court on Plaintiffs’ Motion for
a Protective Order Limiting Discovery of Plaintiffs’
Medical Records. Dkt. #19. Plaintiffs argue that the medical
records sought by Defendants are not relevant, and that the
requests for records sought by Defendants are overbroad and
not proportional to the needs of the case. Id.
Defendants respond that the records sought are relevant to
Plaintiffs’ claims and to their defenses. Dkt. #21. For
the reasons set forth below, the Court disagrees with
Defendants and GRANTS Plaintiffs’ motion.
case, Plaintiffs allege as follows:
5.1 Around 7:00p.m. on March 11, 2016, a man named Mutasim
Hamid, who was driving a truck towing a flatbed car trailer,
collided with Lysa Uhler’s car on northbound I-405
south of SR 167.
5.2 The minor collision caused no injuries and the only
notable damage was to Mrs. Uhler’s side mirror.
5.3 Mr. Hamid and Mrs. Uhler pulled their cars to the side of
the road. They used their phones to take pictures of the
vehicles, and Mr. Hamid took pictures of Mrs. Uhler’s
driver’s license and insurance card.
5.4 Mrs. Uhler took a picture of Mr. Hamid’s
driver’s license, but he would not give her insurance
information. Unsure of what to do, Mrs. Uhler called her
husband (Eric), who was also driving home after they had
eaten dinner together.
5.5 Mr. Uhler came to the scene and asked that Mr. Hamid
provide insurance information. When Mr. Hamid refused, the
Uhlers decided to go home. The Uhlers saw no reason to wait
any longer on the side of a busy freeway in the dark and
rain, as Mrs. Uhler could drive her car safely, and there
were no injuries.
5.6 After the Uhlers left, Mr. Hamid called the police. He
appeared to have difficulty speaking and understanding
English, but eventually he alleged to the 911 dispatcher that
he had been in a collision and that a man had come to the
scene, “choked” him, and “took
everything” he had in his car.
5.7 Washington State Troopers Chase Van Cleave, Brent
Mertens, and Andrew Ramos responded to the scene of the
5.8 Mr. Hamid repeated his allegations, but this time he said
that the man who came to the scene had grabbed his shirt
collar and stolen his keys. Trooper Ramos later noted in his
report that Mr. Hamid “did not have the best
English.” 5.9 Mr. Hamid did not have any visible
injuries or damage to his truck.
5.10 Trooper Mertens and Trooper Van Cleave used the pictures
on Mr. Hamid’s phone of the Uhlers’ vehicles to
look up their Department of Licensing photographs. Mr. Hamid
identified Mrs. Uhler as the driver of the other vehicle, but
he told Trooper Van Cleave that Eric Uhler did not
look like the man who had come to the scene.
5.11 Troopers Mertens, Ramos, and Van Cleave decided to go to
the Uhlers’ home that night to follow up on Mr.
5.12 The Troopers had the Uhlers’ phone number, but
they chose not to call them first.
5.13 The Uhlers live on Shady Lake in unincorporated King
County, east of Renton.
5.14 The Uhlers’ property is connected to the street by
a large circular driveway to the west of their house. A
garage sits next to the house on the west side of the
5.15 A “Private Property: No Trespassing” sign is
posted on the garage and is visible from the driveway as one
approaches either the garage or the house.
5.16 A paved pathway and stairs leads from the driveway to
the main entrance on the north side of the Uhlers’
house. A porch light illuminates the entrance and the
entrance has a doorbell.
5.17 On the south side of the home, a breezeway connects the
garage to the house. A wood deck and paved pathway and stairs
lead to another entrance on the south side of the house. This
entrance also has a porch light and a doorbell.
5.18 The east side of the home faces Shady Lake. There is a
large backyard that runs down to the lake and is bordered by
a hedge to the north and a fence to the south. There is also
a covered patio that is connected to the Uhlers’ home.
A door ...
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