Fair v. King County

1 HONORABLE JOHN H. CHUN UNITED STATES DISTRICT COURT 6 FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE EMANUEL D. FAIR, Plaintiff, NO. 2:21-cv-01706-JHC v. STIPULATED MOTION TO STAY 10 DISCOVERY PENDING THE OUTCOME KING COUNTY, a political subdivision of OF DEFENDANTS’ CR 12(c) MOTIONS the State of Washington, et al.; CITY OF TO DISMISS AND ORDER TO STAY REDMOND, a municipal entity and political subdivision of the State of Washington, et al.; Noted for Consideration: January 23, 2023 the REDMOND POLICE DEPARTMENT; BRIAN COATS, in his personal capacity; RON J. HARDING, in his personal capacity; LENWORTH G. KNOWLES, in his personal capacity; GREG MAINS, in his personal capacity; GREG L. PATRICK, in his personal capacity; LON SHULTZ, in his personal capacity; DAVID SOWERS, in his personal capacity; ANN MARIE FEIN, in her personal capacity; SHAWN MCCRILLIS, in his personal capacity; KRISTI WILSON, in her personal capacity; TERRY MORGAN, in his personal capacity; JAN FULLER, in her personal capacity; JEFF BAIRD, in his personal capacity; TODD CLARK, in his Personal Capacity; JOHN DIAZ, in his personal capacity, and JOHN DOES 1-20, 21 Defendants.

S DT ISIP CU OL VA ET RE YD P M ENO DTI IO NN G T TO H ES T OA UY T COME OF CHRISTIE LAW GROUP, PLLC DEFENDANTS’ CR 12(c) MOTIONS TO 2100 WESTLAKE AVENUE N., SUITE 206 DISMISS- 1 SEATTLE, WA 98109 206-957-9669 1 I. STIPULATION 2 For good cause shown and pursuant to Federal and Local Rule of Civil Procedure 16(b)(6), and this Court’s broad discretion over discovery matters, Plaintiff Emanuel D. Fair, Defendants City of Redmond, Brian Coats, Ron J. Harding, Greg Mains, Greg L. Patrick, Lon Schultz, David Sowers, Ann Marie Fein, Shawn McCrillis, Kristi Wilson, Terry Morgan, Lenworth G. Knowles, and Jan Fuller (collectively “the City Defendants”), and Defendants King County, Jeff Baird, Todd Clark, and John Diaz (collectively “the County Defendants”) respectfully and jointly move the Court for entry of an order staying all discovery deadlines in this matter until a decision has been issued on the Defendants’ CR 12(c) motions to dismiss. (Dkt. 43, 67.)

10 For good cause shown and with the Court’s consent, the Court may modify the deadlines in the scheduling order. Fed. R. Civ. P. 16(b)(4); see also LCR 16(b)(6). Further, this Court has “broad discretion to stay discovery pending the resolution of potentially dispositive motions.” See Dorian v. Amazon Web Services, Inc., No. 2:22-cv-00269, 2022 WL 3155369, *1 (W.D. Wash Aug. 8, 2022); see also Little v. City of Seattle, 863 F.2d 681, 685 (9th Cir. 1988); Taylor v. McDonough, Case No. 20-5471 RJB, 2021 WL 9649333 (W.D. Wash. May 17, 2021).

16 In January 2023, the County Defendants inquired with Court via email about the status of its motion to dismiss. The Court responded that there was no timeline for a decision on the motion.

18 The Court also invited the parties to file a motion to adjust the case schedule if appropriate. The parties previously submitted a stipulated motion and order to amend the case schedule in August 2022, which the Court granted. (Dkt. 65.)

21 After the Court’s January 2023 email, the parties conferred regarding the status of S DT ISIP CU OL VA ET RE YD P M ENO DTI IO NN G T TO H ES T OA UY T COME OF CHRISTIE LAW GROUP, PLLC DEFENDANTS’ CR 12(c) MOTIONS TO 2100 WESTLAKE AVENUE N., SUITE 206 DISMISS- 2 SEATTLE, WA 98109 206-957-9669 discovery and whether to modify the case schedule. The parties have cooperatively exchanged extensive written discovery thus far, and the next step in discovery will involve depositions and then expert disclosures and reports. Depositions, and preparation thereof, involve significant time and expense for any party. Similarly, preparation of expert reports will also require the parties and their experts to expend significant time and resources.

6 The parties also conferred about the efficiency of any further discovery, written or otherwise, while the motions to dismiss are pending. The parties agree that, rather than seeking further extensions of the case deadlines, and potentially expending time and resources on multiple stipulations to continue, a more efficient course of action would be to file a stipulated motion to stay discovery pending the outcome of the Defendants’ motions to dismiss. Once a decision has been issued, if necessary, the parties will confer and prepare a new case schedule for the Court’s consideration. The parties now jointly move the Court for an order to that effect.

13 THEREFORE, IT IS HEREBY STIPULATED AND AGREED AS FOLLOWS: 14 1. All discovery deadlines in this case shall be stayed until the Court issues a decision on 15 the pending motions to dismiss filed by the City Defendants, (Dkt. 43), and the County 16 Defendants, (Dkt. 67).

17 2. After the Court has issued a decision on the aforementioned motions to dismiss, the 18 parties shall confer and submit to the Court a stipulated order lifting the stay and 19 proposing a new case schedule under which discovery will be completed.

20 / / / / / / S DT ISIP CU OL VA ET RE YD P M ENO DTI IO NN G T TO H ES T OA UY T COME OF CHRISTIE LAW GROUP, PLLC DEFENDANTS’ CR 12(c) MOTIONS TO 2100 WESTLAKE AVENUE N., SUITE 206 DISMISS- 3 SEATTLE, WA 98109 206-957-9669 1 IT IS SO STIPULATED THROUGH COUNSEL OF RECORD.

2 DATED this 23rd day of January, 2023.

3 By: /s/ Stuart A. Cassel By: /s/ Corinne Sebren Robert L. Christie, WSBA #10895 Ryan D. Dreveskracht, WSBA #42593 4 Ann E. Trivett, WSBA #39228 Corinne Sebren, WSBA #58777 Stuart A. Cassel, WSBA # 49808 Galanda Broadman PLLC 5 Christie Law Group PLLC 8606 35th Ave. NE, Ste. L1 2100 Westlake Ave. N., Ste. 206 P.O. Box 15146 6 Seattle, WA 98109 Seattle, WA 98115 Telephone: 206.957.9669 Telephone: 206.557.7509 7 Email: [email protected] Email: [email protected] [email protected] [email protected] 8 [email protected] Attorneys for Plaintiff Attorneys for City Defendants By: /s/ Carla B. Carlstrom Carla B. Carlstrom, WSBA #27521 Senior Deputy Prosecuting Attorney 1191 2nd Avenue, Suite 1700 Seattle, WA 98101 Phone: (206) 296-8820 Fax: (206) 296-0191 Email: [email protected] Attorney for County Defendants

S DT ISIP CU OL VA ET RE YD P M ENO DTI IO NN G T TO H ES T OA UY T COME OF CHRISTIE LAW GROUP, PLLC DEFENDANTS’ CR 12(c) MOTIONS TO 2100 WESTLAKE AVENUE N., SUITE 206 DISMISS- 4 SEATTLE, WA 98109 206-957-9669 1 II. ORDER 2 THIS MATTER having come on regularly for hearing upon the stipulation of the parties above contained, and the Court being fully advised on the premises, now, therefore, it is hereby ORDERED that: 5 1. All discovery deadlines in this case shall be stayed until the Court issues a decision on 6 the pending motions to dismiss filed by the City Defendants, (Dkt. 43), and the County 7 Defendants, (Dkt. 67).

8 2. After the Court has issued a decision on the aforementioned motions to dismiss, the 9 parties shall confer and submit to the Court a stipulated order lifting the stay and 10 proposing a new case schedule under which discovery will be completed.

11 ENTERED this 23rd day of January, 2023.

A 12 ____________________________________ THE HONORABLE JOHN H. CHUN 13 United States District Court Judge S DT ISIP CU OL VA ET RE YD P M ENO DTI IO NN G T TO H ES T OA UY T COME OF CHRISTIE LAW GROUP, PLLC DEFENDANTS’ CR 12(c) MOTIONS TO 2100 WESTLAKE AVENUE N., SUITE 206 DISMISS- 5 SEATTLE, WA 98109 206-957-9669 Prepared by presented by: By: /s/ Stuart A. Cassel By: /s/ Corinne Sebren 3 Robert L. Christie, WSBA #10895 Ryan D. Dreveskracht, WSBA #42593 Ann E. Trivett, WSBA #39228 Corinne Sebren, WSBA #58777 4 Stuart A. Cassel, WSBA # 49808 Galanda Broadman PLLC Christie Law Group PLLC 8606 35th Ave. NE, Ste. L1 5 2100 Westlake Ave. N., Ste. 206 P.O. Box 15146 Seattle, WA 98109 Seattle, WA 98115 6 Telephone: 206.957.9669 Telephone: 206.557.7509 Email: [email protected] Email: [email protected] 7 [email protected] [email protected] [email protected] Attorneys for Plaintiff 8 Attorneys for City Defendants By: /s/ Carla B. Carlstrom 10 Carla B. Carlstrom, WSBA #27521 Senior Deputy Prosecuting Attorney 11 1191 2nd Avenue, Suite 1700 Seattle, WA 98101 12 Phone: (206) 296-8820 Fax: (206) 296-0191 13 Email: [email protected] Attorney for County Defendants S DT ISIP CU OL VA ET RE YD P M ENO DTI IO NN G T TO H ES T OA UY T COME OF CHRISTIE LAW GROUP, PLLC DEFENDANTS’ CR 12(c) MOTIONS TO 2100 WESTLAKE AVENUE N., SUITE 206 DISMISS- 6 SEATTLE, WA 98109 206-957-9669 1 CERTIFICATE OF SERVICE 2 I hereby certify that on this 23rd day of January, 2023, I caused a true and correct copy of the foregoing document to be filed with the Clerk of Court using the Court’s ECF system, which will give notice to all participating counsel of record below; and I further certify that I have served all non-participating counsel via the manner indicated below: Ryan Dreveskracht, WSBA No. 42593 5 Corinne Sebren, WSBA No. 58777 Galanda Broadman, PLLC 6 8606 35th Avenue NE, Suite L1 Seattle, WA 98115 7 [email protected] [email protected] 8 Attorneys for Plaintiff Via ECF Notification Carla B. Carlstrom, WSBA #27521 10 King County Prosecuting Attorney’s Office 1191 2nd Avenue, Suite 1700 11 Seattle, WA 98101 [email protected] 12 Attorneys for Defendant King County Via ECF Notification 14 By: /s/ Stuart A. Cassel STUART A. CASSEL, WSBA #49808 15 2100 Westlake Avenue North, Suite 206 Seattle, WA 98109 16 Tel: 206-957-9669 Fax: 206-352-7875 17 Email: [email protected]

S DT ISIP CU OL VA ET RE YD P M ENO DTI IO NN G T TO H ES T OA UY T COME OF CHRISTIE LAW GROUP, PLLC DEFENDANTS’ CR 12(c) MOTIONS TO 2100 WESTLAKE AVENUE N., SUITE 206 DISMISS- 7 SEATTLE, WA 98109 206-957-9669