White v. King County Sheriff's Office

UNITED STATES DISTRICT COURT 6 WESTERN DISTRICT OF WASHINGTON AT SEATTLE MELISSA WHITE and ROGER WHITE, CASE NO. 2:23-cv-01761-JHC Plaintiffs, ORDER v. KING COUNTY SHERIFF'S OFFICE, et al. , Defendants.

This matter comes before the Court on King County Defendants’ Fed. R. Civ. P. 12(c) Motion to Dismiss. Dkt. # 42. The briefing on the motion addresses the issue of a law enforcement officer’s “implied license . . . to approach a resident to speak to the occupants.”

Dkt. # 42 at 5 (citing Florida v. Jardines, 569 U.S. 1 (2013)). The briefing does not address, however, the Ninth Circuit’s discussion in United States v. Lundin, 817 F.3d 1151, 1158–60 (2016), nor does it discuss the application of RCW § 10.99.030 and RCW § 10.31.100.

In light of Lundin and the above statutes, the Court ORDERS supplemental briefing on this issue.

Defendants’ brief must not exceed 2,100 words and must be filed by 5:00 p.m. on September 13, 2024. l Plaintiffs’ brief must not exceed 2,100 words and must be filed by 5:00 p.m. on September 20, 2024.

3 The Court DIRECTS the Clerk to re-note Defendants’ motion to dismiss (Dkt. # 42) for September 20, 2024.

5 Dated this 6th day of September, 2024. ° Cok 4. Chur 7 John H. Chun United States District Judge 1]