Case: Hunters Capital v. Seattle

2:20-cv-00983 | U.S. District Court for the Western District of Washington

Filed Date: June 24, 2020

Closed Date: April 17, 2023

Clearinghouse coding complete

Case Summary

This putative class-action lawsuit was filed on June 24, 2020 in the U.S. District Court for the Western District of Washington. Represented by private counsel, plaintiffs were residents, tenants, property owners, and business owners in Seattle's Capitol Hill neighborhood, and they brought suit against the City of Seattle. Background This lawsuit was one of many that arose out of the widespread protests that swept the nation in the spring and summer of 2020. Although protests spread throughout …

This putative class-action lawsuit was filed on June 24, 2020 in the U.S. District Court for the Western District of Washington. Represented by private counsel, plaintiffs were residents, tenants, property owners, and business owners in Seattle's Capitol Hill neighborhood, and they brought suit against the City of Seattle.

Background

This lawsuit was one of many that arose out of the widespread protests that swept the nation in the spring and summer of 2020. Although protests spread throughout the country, they were especially forceful and durable in Seattle. After the Seattle Police Department left and boarded the East Precinct building on June 8, 2020, protesters declared Capitol Hill an autonomous area. The region quickly became known by different names, including Capitol Hill Autonomous Zone (CHAZ) or Capitol Hill Occupied Protest (CHOP). While some claimed that CHOP was an area dedicated to protest, arts, and providing for others, others said that there was rampant lawlessness, property destruction, and violence.

The Lawsuit

While claiming that they supported the underlying inspiration for CHOP and recognizing participants' First Amendment rights, the lawsuit accused the City of abandoning that area, leaving the plaintiffs susceptible to vandalism, violence, property destruction, and other criminal activity. Plaintiffs accused the City of supporting CHOP, even as they acknowledged dangerous conditions. Further, Plaintiffs argued that the City left CHOP blocked off from public access, damaging the plaintiffs' ability to operate their businesses. Plaintiffs sought to certify as a class all people and entities who owned property in, had a business in, or resided in the area in Seattle bounded by four streets, excluding the City of Seattle and any departments or agencies of the City of Seattle.

Plaintiffs charged the City with violating the U.S. Constitution and the state constitution, as well as Washington statutory law. First, the complaint argued that Plaintiff class's procedural due process rights were violated by the City helping CHOP participants occupy the area and limiting the plaintiff class's access to their property. Second, Plaintiffs argued that the City created a nuisance by impeding traffic, thereby interfering with the plaintiff class's enjoyment of their property. Third, Plaintiffs argued that the City's assistance of CHOP represented a state-created danger, violating the putative class's substantive due process rights under the Fourteenth Amendment. Fourth, they argued that the City violated a clause of the Washington constitution which prohibited any municipality from giving property away unless for the needy. Finally, Plaintiffs argued that the City's actions represented a violation of the U.S. Constitution's Takings Clause. Plaintiffs asked for monetary damages, injunctive relief, and declaratory relief, as well as attorneys' fees and costs.

An End to CHOP

On July 1, 2020, after several publicized acts of violence, the Seattle Police Department dispersed the protests, bringing the existence of CHOP as an "autonomous zone" to an end. The Seattle Police Department was called in after Seattle Mayor Jenny Durkan issued an executive order labeling CHOP an unlawful protest.

The Lawsuit Continues: The City's Motion to Dismiss and Deny Class Certification

On July 10th, Plaintiffs filed an amended complaint. The new complaint was much the same as the original, but it took out the nuisance count and the Washington Constitution count, and added a count for violation of the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution.

In response, the City filed a motion to dismiss and deny class certification on July 23. They argued that § 1983 claims must allege that a government institution caused harm directly. The City claimed that it did nothing to directly expose plaintiffs to harm. Further, the City argued that the Due Process Clause does not compel the government to protect the life, liberty, or property of citizens by private actors. The City also claimed that it did not directly place the plaintiffs in danger, and therefore did not breach the "state-created danger" exception. Seattle argued that its actions did not represent a "taking," as they were just a temporary loss of access to property. The motion argued that the City did not violate the Equal Protection Clause, because the City did not discriminate against anyone. Finally, the City argued that class certification was improper, because the plaintiffs complained of distinct harms at different times with differing damages. On September 10, the City additionally filed a motion to stay discovery pending a decision on the motion to dismiss.

Judge Thomas Zilly granted the City's motion to dismiss the claim based on the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution but denied the City's motion to dismiss with respect to all the other claims on October 16, 2020. 2020 WL 6120008. Regarding the Equal Protection claim, Plaintiffs had proposed two groups allegedly treated differently by the City: (1) "areas occupied by CHOP versus other areas of the City" and (2) "[p]laintiffs versus CHOP participants." The Court found that Plaintiffs failed to show that individuals in the area occupied by CHOP were similarly situated to individuals in other areas of the City. In addition, the Court found that the City's alleged favoritism towards CHOP participants did not necessarily mean the City disfavored Plaintiffs. Furthermore, even if the proposed classes were similarly situated, the Court found that Plaintiffs failed to allege that the City acted without any rational basis for treating Plaintiffs differently. However, though the Court dismissed the Equal Protection claim, the Court permitted Plaintiffs to file a second amended complaint within fourteen days and allowed Plaintiffs' procedural due process, substantive due process, and unlawful takings claims to proceed.

In the same opinion, the Court also denied the City's motions to deny class certification and stay discovery. The Court held that it would be improper to decide class certification on the pleadings in this case and that discovery should be permitted to allow Plaintiffs an opportunity to discover evidence to show if there were in fact common questions.

The plaintiffs proceeded to file a second amended complaint on October 30, 2020. Two businesses were removed as plaintiffs. In addition, Plaintiffs removed the Equal Protection claim and re-added claims for negligence and nuisance. The remainder of the complaint was largely the same as the original.

In mid-November, the National Police Association then sought leave from the Court to participate in the case as amicus curiae. The National Police Association expected to present positions in support of the plaintiffs and believed that its briefs would aid the Court by providing its perspective on a municipality's decision to supply or decline to supply police protection service. The Court denied the National Police Association's motion on December 7, 2020 without prejudice.

As discovery progressed, the parties stipulated to a third amended complaint in order to name additional parties to the plaintiff class. Plaintiffs filed this complaint on July 2, 2021.

Plaintiffs moved for class certification on January 14, 2022 and the court heard oral arguments in that matter on April 20. This time, on May 9, 2022, the court denied class certification because the plaintiffs had not satisfied the commonality, typicality, predominance, and superiority requirements for class certifications: With regards to commonality, the question of whether the City acted to deprive the class of purported property interests required that every class member produce evidence of their individual rights and how the City caused an alleged deprivation. 2022 WL 1449387. Additionally, the question of whether deprivation occurred without due process also required individualized proof that the City caused a deprivation of the class members' rights. For both of these questions, Plaintiffs had not presented evidence to support the claim that the putative class members were exposed to or experienced the same dangers. With regards to typicality, the trial court found that Plaintiffs had failed to present evidence that their experiences and injuries were reasonably co-extensive with those of the putative class members. With regards to predominance, the Court found that Plaintiffs had not made the requisite showing because the issues necessarily required individualized inquiry into each class member's circumstances such as their location within the Class Area, the nature of their alleged injuries, and City's knowledge of specific dangers. Given this need for individual determinations, the court additionally concluded that a class action was not the superior method in the case because the various issues made it difficult to manage the class and fully provide relief.

At the end of September 2022, as the case moved toward trial both Plaintiffs and the City filed separate motions for spoliation sanctions, each party accusing the other of deleting crucial text messages that would have been relevant to discovery. The City additionally filed a motion for summary judgment on September 29, 2022. On January 13, 2023, the court dismissed Plaintiffs’ procedural due process, substantive due process, and negligence claims with prejudice. 2023 WL 184209. The court additionally dismissed one of the plaintiff’s cause of action for taking, as well as the remaining plaintiffs’ cause of action for taking under a per se theory of liability. As a result, only two causes of action remained for trial: one for taking under a "right of access" theory of liability and another for nuisance.

In a separate order, in response to the motions for spoliation sanctions, the court granted both motions in part. 2023 WL 184208. Per the court’s order, both Plaintiffs and the City would be permitted to present evidence and argument at trial regarding missing messages. Plaintiffs were also awarded attorneys' fees and costs, including expert-related costs, incurred as a result of the City's spoliation of evidence. The City was similarly awarded attorneys fees and costs incurred as a result of one of the plaintiff's spoliation of evidence.

A Settlement is Reached

On February 15, 2023, the parties notified the court that they were in the process of preparing a formal settlement agreement. The following day, the court ordered the case dismissed with prejudice and without costs, and provided that either party could move to reopen the case within 60 days of the order. As part of the subsequent settlement agreement, the City agreed to pay the business owners $3,650,000. Of this amount, $600,000 was allocated for attorney fees and expenses. This case is now closed.

Summary Authors

Jack Hibbard (9/10/2020)

Emily Kempa (1/2/2021)

Jordan Katz (5/1/2022)

Brillian Bao (10/22/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17292181/parties/hunters-capital-llc-v-city-of-seattle/


Judge(s)
Attorney for Plaintiff

Calfo, Angelo J. (Washington)

DeCarlow, Andrew S (Washington)

Attorney for Defendant

Ballinger, Kristin (Washington)

Cramer, Shane Patrick (Washington)

Expert/Monitor/Master/Other

Buchal, James L (Washington)

show all people

Documents in the Clearinghouse

Document
1

2:20-cv-00983

Class Action Complaint

Hunters Capital LLC v. City of Seattle

June 24, 2020

June 24, 2020

Complaint
11

2:20-cv-00983

Defendant's Motion to Dismiss and Deny Class Certification

Hunters Capital LLC v. City of Seattle

July 23, 2020

July 23, 2020

Pleading / Motion / Brief
23

2:20-cv-00983

Order

Hunters Capital LLC. v. City of Seattle

Oct. 16, 2020

Oct. 16, 2020

Order/Opinion

499 F.Supp.3d 499

41

2:20-cv-00983

Stipulated Protective Order

Hunters Capital, LLC v. City of Seattle

Dec. 14, 2020

Dec. 14, 2020

Order/Opinion
47

2:20-cv-00983

Third Amended Complaint

July 2, 2021

July 2, 2021

Complaint
96

2:20-cv-00983

Order

Hunters Capital, LLC v. City of Seattle

May 9, 2022

May 9, 2022

Order/Opinion

2022 WL 2022

166

2:20-cv-00983

Order

Jan. 13, 2023

Jan. 13, 2023

Order/Opinion

2023 WL 2023

165

2:20-cv-00983

Order

Hunters Capital, LLC v. City of Seattle

Jan. 13, 2023

Jan. 13, 2023

Order/Opinion

2023 WL 2023

182

2:20-cv-00983

Order Dismissing Case

Hunters Capital, LLC v. City of Seattle

Feb. 16, 2023

Feb. 16, 2023

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17292181/hunters-capital-llc-v-city-of-seattle/

Last updated Feb. 23, 2024, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against defendant(s) City of Seattle with JURY DEMAND (Receipt # AWAWDC-6422863) Attorney Patricia A Eakes added to all Plaintiff's. (Eakes, Patricia) Modified on 6/25/2020, remove list of plaintiff names (SG). (Entered: 06/24/2020)

June 24, 2020

June 24, 2020

Clearinghouse
2

PRAECIPE TO ISSUE SUMMONS by Plaintiffs (Eakes, Patricia) Modified on 6/25/2020-remove list of plaintiff names (SG). (Entered: 06/24/2020)

June 24, 2020

June 24, 2020

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3

CIVIL COVER SHEET ; filed by Plaintiffs. (Eakes, Patricia) Modified on 6/25/2020-remove list of plaintiff names (SG). (Entered: 06/24/2020)

June 24, 2020

June 24, 2020

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Judge Thomas S. Zilly added. (SG)

June 25, 2020

June 25, 2020

PACER
4

NOTICE TO FILER: re 1 Complaint. Notice of Filing Deficiency** Action Required ** See attached letter for more information and instructions. (SG) (Entered: 06/25/2020)

June 25, 2020

June 25, 2020

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5

Summons Electronically Issued as to defendant(s) All Defendants (SG) (Entered: 06/25/2020)

June 25, 2020

June 25, 2020

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NOTICE Pursuant to Fed.R.Civ.P 7.1, Plaintiff(s) must file a Corporate Disclosure Statement by 7/2/2020. (SG)

June 25, 2020

June 25, 2020

PACER

Add and Terminate Judges

June 25, 2020

June 25, 2020

PACER

Corporate Disclosure Statement - Notice of Deadlines

June 25, 2020

June 25, 2020

PACER
6

NOTICE of Appearance by attorney Angelo J Calfo on behalf of Plaintiffs 12th and Pike Associates LLC, Bergmans Lock and Key Services LLC, Wade Biller, Kathleen Caples, Hunters Capital LLC, Madrona Real Estate Investors IV LLC, Madrona Real Estate Investors VI LLC, Madrona Real Estate Services LLC, Northwest Liquor and Wine LLC, Olive St Apartments LLC, Onyx Homeowners Association, Redside Partners LLC, SRJ Enterprises, Sage Physical Therapy PLLC, Magdalena Sky, The Richmark Company. (Calfo, Angelo) (Entered: 06/26/2020)

June 26, 2020

June 26, 2020

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7

ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT Joint Status Report due by 8/31/2020, FRCP 26(f) Conference Deadline is 8/17/2020, Initial Disclosure Deadline is 8/31/2020, by Judge Thomas S. Zilly. (KD) (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

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8

NOTICE of Appearance by attorney Joseph Givon Groshong on behalf of Defendant City of Seattle. (Groshong, Joseph) (Entered: 07/01/2020)

July 1, 2020

July 1, 2020

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9

AMENDED COMPLAINT CLASS ACTION against defendant(s) City of Seattle with JURY DEMAND, filed by Madrona Real Estate Investors VI LLC, Onyx Homeowners Association, Bergmans Lock and Key Services LLC, Northwest Liquor and Wine LLC, Hunters Capital LLC, Redside Partners LLC, Kathleen Caples, SRJ Enterprises, Madrona Real Estate Services LLC, 12th and Pike Associates LLC, Olive St Apartments LLC, Magdalena Sky, Wade Biller, The Richmark Company, Madrona Real Estate Investors IV LLC, Sage Physical Therapy PLLC.(Eakes, Patricia) (Entered: 07/10/2020)

July 10, 2020

July 10, 2020

Clearinghouse
10

CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by RANCHO BRAVO, INC., SRJ Enterprises, The Richmark Company (Eakes, Patricia) (Entered: 07/10/2020)

July 10, 2020

July 10, 2020

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11

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, filed by Defendant City of Seattle. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 8/21/2020, (Groshong, Joseph) (Entered: 07/23/2020)

1 Proposed Order

View on RECAP

July 23, 2020

July 23, 2020

Clearinghouse

Set/Reset Deadlines: Per telephonic request of counsel, the deadlines for initial disclosures and submission of a Joint Status Report are EXTENDED to 9/14/2020. (KD)

Aug. 17, 2020

Aug. 17, 2020

PACER
12

RESPONSE, by Plaintiffs 12th and Pike Associates LLC, Argento LLC, Bergmans Lock and Key Services LLC, Wade Biller, Kathleen Caples, Hunters Capital LLC, Madrona Real Estate Investors IV LLC, Madrona Real Estate Investors VI LLC, Madrona Real Estate Services LLC, Northwest Liquor and Wine LLC, Olive St Apartments LLC, Onyx Homeowners Association, Matthew Ploszaj, Rancho Bravo, Inc, Redside Partners LLC, SRJ Enterprises, Sage Physical Therapy PLLC, Shuffle LLC, Magdalena Sky, Sway and Cake LLC, The Richmark Company, to 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . Oral Argument Requested. (Eakes, Patricia) (Entered: 08/17/2020)

Aug. 17, 2020

Aug. 17, 2020

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Set/Reset Deadlines

Aug. 17, 2020

Aug. 17, 2020

PACER
13

NOTICE of Appearance by attorney Henry Charles Phillips on behalf of Plaintiffs 12th and Pike Associates LLC, Argento LLC, Bergmans Lock and Key Services LLC, Wade Biller, Kathleen Caples, Hunters Capital LLC, Madrona Real Estate Investors IV LLC, Madrona Real Estate Investors VI LLC, Madrona Real Estate Services LLC, Northwest Liquor and Wine LLC, Olive St Apartments LLC, Onyx Homeowners Association, Matthew Ploszaj, Rancho Bravo, Inc, Redside Partners LLC, SRJ Enterprises, Sage Physical Therapy PLLC, Shuffle LLC, Magdalena Sky, Sway and Cake LLC, The Richmark Company. (Phillips, Henry) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

PACER
14

REPLY, filed by Defendant City of Seattle, TO RESPONSE to 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Groshong, Joseph) (Entered: 08/21/2020)

Aug. 21, 2020

Aug. 21, 2020

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Attorneys Tyler Weaver and Andrew S DeCarlow added for 12th and Pike Associates LLC, Argento LLC, Bergmans Lock and Key Services LLC, Wade Biller, Kathleen Caples, Hunters Capital LLC, Madrona Real Estate Investors IV LLC, Madrona Real Estate Investors VI LLC, Madrona Real Estate Services LLC, Northwest Liquor and Wine LLC, Olive St Apartments LLC, Onyx Homeowners Association, Matthew Ploszaj, Rancho Bravo, Inc, Redside Partners LLC, SRJ Enterprises, Sage Physical Therapy PLLC, Shuffle LLC, Magdalena Sky, Sway and Cake LLC, The Richmark Company; per 13 Notice of Appearance (MW)

Aug. 21, 2020

Aug. 21, 2020

PACER

Add and Terminate Attorneys

Aug. 21, 2020

Aug. 21, 2020

PACER
15

NOTICE of Association of Attorney by Arthur W. Harrigan, Jr on behalf of Defendant City of Seattle. (Harrigan, Arthur) (Entered: 09/08/2020)

Sept. 8, 2020

Sept. 8, 2020

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Attorneys Tyler Lawrence Farmer, Kristin Elizabeth Ballinger added for City of Seattle; per 15 Notice of Attorney Association. (MW)

Sept. 8, 2020

Sept. 8, 2020

PACER

Add and Terminate Attorneys

Sept. 8, 2020

Sept. 8, 2020

PACER

Set/Reset Deadlines: Per telephonic request of counsel, the deadlines for initial disclosures and submission of a Joint Status Report are EXTENDED to 9/28/2020. (KD)

Sept. 9, 2020

Sept. 9, 2020

PACER

Set/Reset Deadlines

Sept. 9, 2020

Sept. 9, 2020

PACER
16

MOTION to Stay City of Seattle's Motion for a Stay of Discovery, filed by Defendant City of Seattle. (Attachments: # 1 Proposed Order) Noting Date 9/25/2020, (Harrigan, Arthur) (Entered: 09/10/2020)

1 Proposed Order

View on RECAP

Sept. 10, 2020

Sept. 10, 2020

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17

DECLARATION of Joseph Groshong filed by Defendant City of Seattle re 16 MOTION to Stay City of Seattle's Motion for a Stay of Discovery (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Harrigan, Arthur) (Entered: 09/10/2020)

1 Exhibit 1

View on RECAP

2 Exhibit 2

View on RECAP

Sept. 10, 2020

Sept. 10, 2020

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18

RESPONSE, by Plaintiffs 12th and Pike Associates LLC, Argento LLC, Bergmans Lock and Key Services LLC, Wade Biller, Kathleen Caples, Hunters Capital LLC, Madrona Real Estate Investors IV LLC, Madrona Real Estate Investors VI LLC, Madrona Real Estate Services LLC, Northwest Liquor and Wine LLC, Olive St Apartments LLC, Onyx Homeowners Association, Matthew Ploszaj, Rancho Bravo, Inc, Redside Partners LLC, SRJ Enterprises, Sage Physical Therapy PLLC, Shuffle LLC, Magdalena Sky, Sway and Cake LLC, The Richmark Company, to 16 MOTION to Stay City of Seattle's Motion for a Stay of Discovery. (Attachments: # 1 Proposed Order DENYING THE CITY OF SEATTLES MOTION FOR A STAY OF DISCOVERY)(Eakes, Patricia) (Entered: 09/21/2020)

1 Proposed Order DENYING THE CITY OF SEATTLES MOTION FOR A STAY OF DISCOVERY

View on PACER

Sept. 21, 2020

Sept. 21, 2020

RECAP
19

DECLARATION of Tyler Weaver filed by Plaintiffs 12th and Pike Associates LLC, Argento LLC, Bergmans Lock and Key Services LLC, Wade Biller, Kathleen Caples, Hunters Capital LLC, Madrona Real Estate Investors IV LLC, Madrona Real Estate Investors VI LLC, Madrona Real Estate Services LLC, Northwest Liquor and Wine LLC, Olive St Apartments LLC, Onyx Homeowners Association, Matthew Ploszaj, Rancho Bravo, Inc, Redside Partners LLC, SRJ Enterprises, Sage Physical Therapy PLLC, Shuffle LLC, Magdalena Sky, Sway and Cake LLC, The Richmark Company re 16 MOTION to Stay City of Seattle's Motion for a Stay of Discovery (Eakes, Patricia) (Entered: 09/21/2020)

Sept. 21, 2020

Sept. 21, 2020

RECAP
20

REPLY, filed by Defendant City of Seattle, TO RESPONSE to 16 MOTION to Stay City of Seattle's Motion for a Stay of Discovery (Harrigan, Arthur) (Entered: 09/25/2020)

Sept. 25, 2020

Sept. 25, 2020

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21

JOINT STATUS REPORT signed by all parties. Estimated Trial Days: 15. (Eakes, Patricia) (Entered: 09/28/2020)

Sept. 28, 2020

Sept. 28, 2020

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22

CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Rancho Bravo, Inc, SRJ Enterprises, The Richmark Company (Eakes, Patricia) (Entered: 10/08/2020)

Oct. 8, 2020

Oct. 8, 2020

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23

ORDER: Defendant's 11 motion to dismiss the fourth cause of action based on equal protection is GRANTED. This claim is dismissed without prejudice. Plaintiffs may electronically file a second amended complaint via the Case Management and Electronic Case Filing ("CM/ECF") system within fourteen (14) days of the date of this Order. Except as provided in paragraph (1), the motion to dismiss all other causes of action is DENIED. The motion to deny class certification is DENIED without prejudice pending discovery for the reasons stated in this Order. The motion to stay discovery, docket no. 16, is now DENIED as moot. Signed by Judge Thomas S. Zilly.(MW) (Entered: 10/16/2020)

Oct. 16, 2020

Oct. 16, 2020

Clearinghouse
24

MINUTE ORDER: Having reviewed the parties' Joint Status Report, docket no. 21, indicating that the City requests that the Court convene a scheduling conference before entering a scheduling order, the Court now SETS a telephone conference call for Thursday, October 29, 2020, at 10:30 a.m. The Court's staff will be in contact with counsel to provide a conference call number and access code. Authorized by Judge Thomas S. Zilly. (MW) (Entered: 10/22/2020)

Oct. 22, 2020

Oct. 22, 2020

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25

MINUTE ENTRY for proceedings held before Hon. Judge Thomas S. Zilly- Dep Clerk: Gail Glass; Pla Counsel: Angelo Calfo, Patty Eakes and Tyler Weaver; Def Counsel: Tyler Farmer, Joseph Groshong, Art Harringan and Kristin Ballinger; CR: NONE; Time of Hearing: 10:30 a.m.; Telephone Conference held on 10/29/2020. Counsel appear telephonically. The Court and counsel discuss the Joint Status Report, docket no. 21 . For the reasons discussed at the conference, the Court GRANTS Plaintiffs' request to file an amended complaint to add state law claims. The parties agree that a discovery conference and the phasing of discovery is no longer necessary. The Court DIRECTS that the parties participate in the alternative dispute resolution program after discovery is completed pursuant to LCR 39.1. The jury trial is SET to commence on Monday, June 6, 2022. A scheduling order will be entered to reflect the dates discussed at the telephone conference. -Adjourned.(GG) (Entered: 10/29/2020)

Oct. 29, 2020

Oct. 29, 2020

PACER
26

STIPULATION STIPULATED DISMISSAL OF PLAINTIFFS SAGE PHYSICAL THERAPY PLLC AND KATHLEEN CAPLES PURSUANT TO FRCP 41(a)(1)(A)(ii) by parties (Eakes, Patricia) (Plaintiffs Sage Physical Therapy PLLC and Kathleen Caples terminated) (MW). (Entered: 10/29/2020)

Oct. 29, 2020

Oct. 29, 2020

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27

MINUTE ORDER SETTING TRIAL AND RELATED DATES: Jury Trial (2-3 weeks) is set for 6/6/2022 before Judge Thomas S. Zilly. Joinder of Parties due by 2/12/2021, Amended Pleadings due by 2/12/2021, Discovery on class certification issues to be completed by 5/17/2021, Motions related to class certification due by 8/27/2021, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 1/3/2022, Rebuttal Expert Disclosure/Reports due by 2/15/2022, Motions related to discovery due by 2/17/2022, All remaining discovery to be completed by 3/15/2022, Dispositive motions due by 3/17/2022, Motions related to expert witnesses due by 3/24/2022, Motions in Limine due by 4/14/2022, 39.1 mediation to be completed by 4/15/2022, Agreed Pretrial Order due by 5/20/2022, Voir dire/jury instructions/trial briefs due by 5/20/2022, Pretrial Conference set for 5/27/2022 at 10:30 AM before Judge Thomas S. Zilly. Authorized by Judge Thomas S. Zilly. (MW) (Entered: 10/29/2020)

Oct. 29, 2020

Oct. 29, 2020

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Telephone Conference

Oct. 29, 2020

Oct. 29, 2020

PACER
28

Second AMENDED COMPLAINT CLASS ACTION COMPLAIN against All Defendants with JURY DEMAND Attorney Patricia A Eakes added to party Argento LLC(pty:pla), Attorney Patricia A Eakes added to party Matthew Ploszaj(pty:pla), Attorney Patricia A Eakes added to party Rancho Bravo, Inc(pty:pla), Attorney Patricia A Eakes added to party Shuffle LLC(pty:pla), Attorney Patricia A Eakes added to party Sway and Cake LLC(pty:pla), filed by Madrona Real Estate Investors VI LLC, Onyx Homeowners Association, Rancho Bravo, Inc, Matthew Ploszaj, Northwest Liquor and Wine LLC, Bergmans Lock and Key Services LLC, Argento LLC, Hunters Capital LLC, Redside Partners LLC, Shuffle LLC, SRJ Enterprises, Madrona Real Estate Services LLC, 12th and Pike Associates LLC, Olive St Apartments LLC, Magdalena Sky, Sway and Cake LLC, Wade Biller, The Richmark Company, Madrona Real Estate Investors IV LLC.(Eakes, Patricia) (Entered: 10/30/2020)

Oct. 30, 2020

Oct. 30, 2020

Clearinghouse
29

Entry is stricken. See docket no. 32 MOTION for Leave to Participate As Amicus Curiae and Memorandum in Support Thereof, filed by Amicus National Police Association. (Attachments: # 1 Proposed Order) Noting Date 12/4/2020, (Buchal, James) (Entered: 11/11/2020)

1 Proposed Order

View on PACER

Nov. 11, 2020

Nov. 11, 2020

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30

Entry is stricken. See docket no. 33 DECLARATION of Ed Hutchison filed by Amicus National Police Association re 29 MOTION for Leave to Participate As Amicus Curiae and Memorandum in Support Thereof (Buchal, James) (Entered: 11/11/2020)

Nov. 11, 2020

Nov. 11, 2020

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NOTE: Documents 29 Motion and 30 Declaration were filed incorrectly. Appearance of attorney James L Buchal is not proper, and notices of electronic filing will not be sent until corrected. Signatures must be in accordance with FRCP 11 and LCR 83.2(a) and must comply with ECF Filing Procedures. (MW)

Nov. 11, 2020

Nov. 11, 2020

PACER

Note re compliance with LCR 83.2 - Attorney Appearance and With

Nov. 12, 2020

Nov. 12, 2020

PACER
31

NOTICE of Appearance by attorney James L Buchal on behalf of Amicus National Police Association. (Buchal, James) (Entered: 11/13/2020)

Nov. 13, 2020

Nov. 13, 2020

PACER
32

MOTION for Leave to File as Amicus Curiae, filed by Amicus National Police Association. (Attachments: # 1 Proposed Order) Noting Date 12/4/2020, (Buchal, James) (Entered: 11/13/2020)

1 Proposed Order

View on PACER

Nov. 13, 2020

Nov. 13, 2020

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33

DECLARATION of Ed Hutchison filed by Amicus National Police Association re 32 MOTION for Leave to File as Amicus Curiae (Buchal, James) (Entered: 11/13/2020)

Nov. 13, 2020

Nov. 13, 2020

PACER
34

ANSWER to 28 Amended Complaint,,, City of Seattle's Answer to Second Amended Class Action Complaint by City of Seattle.(Harrigan, Arthur) (Entered: 11/13/2020)

Nov. 13, 2020

Nov. 13, 2020

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35

RESPONSE, by Plaintiffs 12th and Pike Associates LLC, Argento LLC, Bergmans Lock and Key Services LLC, Wade Biller, Kathleen Caples, Hunters Capital LLC, Madrona Real Estate Investors IV LLC, Madrona Real Estate Investors VI LLC, Madrona Real Estate Services LLC, Northwest Liquor and Wine LLC, Olive St Apartments LLC, Onyx Homeowners Association, Matthew Ploszaj, Rancho Bravo, Inc, Redside Partners LLC, SRJ Enterprises, Sage Physical Therapy PLLC, Shuffle LLC, Magdalena Sky, Sway and Cake LLC, The Richmark Company, Amicus National Police Association, to 32 MOTION for Leave to File as Amicus Curiae, 29 MOTION for Leave to Participate As Amicus Curiae and Memorandum in Support Thereof. (Eakes, Patricia) (Entered: 11/30/2020)

Nov. 30, 2020

Nov. 30, 2020

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36

Stipulated MOTION Stipulation and (Proposed) Order Striking Deadline for Discovery on Class Certification Issues, filed by Defendant City of Seattle. Noting Date 12/4/2020, (Harrigan, Arthur) (Entered: 12/04/2020)

Dec. 4, 2020

Dec. 4, 2020

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37

MINUTE ORDER: The National Police Association's Motion for Leave to Participate as Amicus Curiae, docket no. 32, is DENIED without prejudice. The parties' stipulation to strike the deadline for discovery on class certification, docket no. 36, is GRANTED. The Court hereby AMENDS the Minute Order Setting Trial and Related Dates, docket no. 27, by STRIKING the deadline of May 17, 2021, by which discovery on class certification must be completed. Authorized by Judge Thomas S. Zilly.(MW) (Entered: 12/07/2020)

Dec. 7, 2020

Dec. 7, 2020

RECAP
38

Stipulated MOTION Agreement Regarding Discovery of Electronically Stored Information and (Proposed) Order, filed by Defendant City of Seattle. Noting Date 12/10/2020, (Harrigan, Arthur) (Entered: 12/10/2020)

Dec. 10, 2020

Dec. 10, 2020

RECAP
39

ORDER granting Parties' 38 Stipulated Motion Regarding Discovery of Electronically Stored Information. Signed by Judge Thomas S. Zilly.(MW) (Entered: 12/11/2020)

Dec. 11, 2020

Dec. 11, 2020

RECAP
40

Stipulated MOTION Stipulated Protective Order, filed by Plaintiffs 12th and Pike Associates LLC, Argento LLC, Bergmans Lock and Key Services LLC, Wade Biller, Kathleen Caples, Hunters Capital LLC, Madrona Real Estate Investors IV LLC, Madrona Real Estate Investors VI LLC, Madrona Real Estate Services LLC, Northwest Liquor and Wine LLC, Olive St Apartments LLC, Onyx Homeowners Association, Matthew Ploszaj, Rancho Bravo, Inc, Redside Partners LLC, SRJ Enterprises, Sage Physical Therapy PLLC, Shuffle LLC, Magdalena Sky, Sway and Cake LLC, The Richmark Company, Amicus National Police Association. (Attachments: # 1 Exhibit Redline Document) Noting Date 12/11/2020, (Eakes, Patricia) (Entered: 12/11/2020)

1 Exhibit Redline Document

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Dec. 11, 2020

Dec. 11, 2020

RECAP
41

STIPULATED PROTECTIVE ORDER re Parties' 40 Stipulated MOTION. Signed by Judge Thomas S. Zilly. (MW) (Entered: 12/14/2020)

Dec. 14, 2020

Dec. 14, 2020

Clearinghouse
42

STIPULATION STIPULATED DISMISSAL OF PLAINTIFF MAGADELNA SKY PURSUANT TO FRCP 41(a)(1)(A)(ii) by parties (Eakes, Patricia) (Entered: 01/25/2021)

Jan. 25, 2021

Jan. 25, 2021

RECAP

Party Magdalena Sky terminated per 42 Stipulation. (MW)

Jan. 25, 2021

Jan. 25, 2021

PACER

Add and Terminate Parties

Jan. 25, 2021

Jan. 25, 2021

PACER
43

NOTICE of Association of Attorney by Caitlin B Pratt on behalf of Defendant City of Seattle. (Pratt, Caitlin) (Entered: 04/09/2021)

April 9, 2021

April 9, 2021

RECAP
44

NOTICE of Appearance by attorney Gabriel Reilly-Bates on behalf of Plaintiffs 12th and Pike Associates LLC, Argento LLC, Bergmans Lock and Key Services LLC, Wade Biller, Hunters Capital LLC, Madrona Real Estate Investors IV LLC, Madrona Real Estate Investors VI LLC, Madrona Real Estate Services LLC, Northwest Liquor and Wine LLC, Olive St Apartments LLC, Onyx Homeowners Association, Matthew Ploszaj, Rancho Bravo, Inc, Redside Partners LLC, SRJ Enterprises, Shuffle LLC, Sway and Cake LLC, The Richmark Company. (Reilly-Bates, Gabriel) (Entered: 05/14/2021)

May 14, 2021

May 14, 2021

RECAP
45

Stipulated MOTION Stipulation and Proposed Order Permitting Amendment of Complaint and Amending Case Schedule, filed by Defendant City of Seattle. Noting Date 6/28/2021, (Harrigan, Arthur) (Entered: 06/28/2021)

June 28, 2021

June 28, 2021

RECAP
46

STIPULATION AND ORDER granting Parties' 45 Stipulated Motion Permitting Amendment of Complaint and Amending Case Schedule. In consideration of the parties' stipulation, the Court grants Plaintiffs permission to file a Third Amended Complaint as described in that stipulation and hereby amends the case schedule as follows: Jury Trial (2-3 weeks) is set for 10/17/2022 before Judge Thomas S. Zilly. Motions related to class certification due by 11/18/2021, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 4/14/2022, Rebuttal Expert Disclosure/Reports due by 5/27/2022, Discovery motions due by 6/2/2022, Discovery to be completed by 6/27/2022, Dispositive motions due by 6/30/2022, Motions related to expert witnesses due by 7/21/2022, Motions in Limine due by 8/25/2022, 39.1 mediation to be completed by 7/27/2022, Agreed Pretrial Order due by 9/30/2022, Voir dire/jury instructions/trial briefs due by 9/30/2022, Pretrial Conference set for 10/5/2022 at 10:30 AM before Judge Thomas S. Zilly. Signed by Judge Thomas S. Zilly.(MW) (Entered: 06/30/2021)

June 30, 2021

June 30, 2021

RECAP
47

Third AMENDED COMPLAINT THIRD AMENDED CLASS ACTION COMPLAINT against All Defendants with JURY DEMAND, filed by Madrona Real Estate Investors VI LLC, Onyx Homeowners Association, Rancho Bravo, Inc, Matthew Ploszaj, Northwest Liquor and Wine LLC, Bergmans Lock and Key Services LLC, Argento LLC, Hunters Capital LLC, Redside Partners LLC, Shuffle LLC, Kathleen Caples, SRJ Enterprises, Madrona Real Estate Services LLC, 12th and Pike Associates LLC, Olive St Apartments LLC, Wade Biller, Sway and Cake LLC, The Richmark Company, Madrona Real Estate Investors IV LLC.(Eakes, Patricia) (Entered: 07/02/2021)

July 2, 2021

July 2, 2021

Clearinghouse
48

ANSWER to 47 Amended Complaint,, City of Seattle's Answer to Third Amended Class Action Complaint by City of Seattle.(Harrigan, Arthur) (Entered: 07/16/2021)

July 16, 2021

July 16, 2021

RECAP
49

STIPULATION STIPULATED DIGITAL EXAMINATION AGREEMENT AND ORDER by parties (Reilly-Bates, Gabriel) (Entered: 10/08/2021)

Oct. 8, 2021

Oct. 8, 2021

RECAP
50

STIPULATED DIGITAL EXAMINATION AGREEMENT AND ORDER. Signed by Judge Thomas S. Zilly. (MW) (Entered: 10/19/2021)

Oct. 19, 2021

Oct. 19, 2021

RECAP
51

STIPULATION AND PROPOSED ORDER REGARDING CLASS-CERTIFICATION BRIEFING by parties (Weaver, Tyler) (Entered: 10/21/2021)

Oct. 21, 2021

Oct. 21, 2021

RECAP

NOTE: Document 51 STIPULATION REGARDING CLASS-CERTIFICATION BRIEFING was filed incorrectly/improperly. Appearance of attorney Shane Cramer is not proper, and notices of electronic filing will not be sent to this attorney until corrected. Signatures must be in accordance with FRCP 11 and LCR 83.2(a) and must comply with ECF Filing Procedures. (MW)

Oct. 21, 2021

Oct. 21, 2021

PACER
52

NOTICE of Association of Attorney by Shane Patrick Cramer on behalf of Defendant City of Seattle. (Cramer, Shane) (Entered: 10/21/2021)

Oct. 21, 2021

Oct. 21, 2021

RECAP

Note re compliance with LCR 83.2 - Attorney Appearance and With

Oct. 21, 2021

Oct. 21, 2021

PACER
53

STIPULATION AND ORDER REGARDING CLASS CERTIFICATION BRIEFING. Motions related to class certification due by 1/13/2022, Opposition to motions for class certification due by 2/7/2022, replies in support of motions for class certification due by 2/18/2022. Signed by Judge Thomas S. Zilly. (MW) (Entered: 10/26/2021)

Oct. 26, 2021

Oct. 26, 2021

RECAP
54

MOTION for Protective Order City of Seattle's Motion for a Protective Order, filed by Defendant City of Seattle. (Attachments: # 1 Proposed Order Proposed Protective Order) Noting Date 11/26/2021, (Harrigan, Arthur) (Entered: 11/18/2021)

1 Proposed Order Proposed Protective Order

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Nov. 18, 2021

Nov. 18, 2021

RECAP
55

DECLARATION of Kristin Ballinger filed by Defendant City of Seattle re 54 MOTION for Protective Order City of Seattle's Motion for a Protective Order (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Harrigan, Arthur) (Entered: 11/18/2021)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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Nov. 18, 2021

Nov. 18, 2021

RECAP
56

RESPONSE, by Plaintiffs 12th and Pike Associates LLC, Argento LLC, Bergmans Lock and Key Services LLC, Wade Biller, Greenus Building Inc, Hunters Capital LLC, Hunters Property Holdings LLC, Madrona Real Estate Investors IV LLC, Madrona Real Estate Investors VI LLC, Madrona Real Estate Services LLC, Northwest Liquor and Wine LLC, Olive St Apartments LLC, Onyx Homeowners Association, Matthew Ploszaj, Rancho Bravo, Inc, Redside Partners LLC, SRJ Enterprises, Shuffle LLC, Magdalena Sky, Sway and Cake LLC, The Richmark Company, to 54 MOTION for Protective Order City of Seattle's Motion for a Protective Order. (Weaver, Tyler) (Entered: 11/24/2021)

Nov. 24, 2021

Nov. 24, 2021

RECAP
57

DECLARATION of Tyler Weaver filed by Plaintiffs 12th and Pike Associates LLC, Argento LLC, Bergmans Lock and Key Services LLC, Wade Biller, Greenus Building Inc, Hunters Capital LLC, Hunters Property Holdings LLC, Madrona Real Estate Investors IV LLC, Madrona Real Estate Investors VI LLC, Madrona Real Estate Services LLC, Northwest Liquor and Wine LLC, Olive St Apartments LLC, Onyx Homeowners Association, Matthew Ploszaj, Rancho Bravo, Inc, Redside Partners LLC, SRJ Enterprises, Shuffle LLC, Magdalena Sky, Sway and Cake LLC, The Richmark Company re 54 MOTION for Protective Order City of Seattle's Motion for a Protective Order (Weaver, Tyler) (Entered: 11/24/2021)

Nov. 24, 2021

Nov. 24, 2021

RECAP
58

REPLY, filed by Defendant City of Seattle, TO RESPONSE to 54 MOTION for Protective Order City of Seattle's Motion for a Protective Order (Harrigan, Arthur) (Entered: 11/26/2021)

Nov. 26, 2021

Nov. 26, 2021

RECAP
59

STIPULATION STIPULATED DISMISSAL OF PLAINTIFF ARGENTO LLC PURSUANT TO FRCP 41(a)(1)(A)(ii) by parties (Weaver, Tyler) (Entered: 12/06/2021)

Dec. 6, 2021

Dec. 6, 2021

RECAP
60

APPLICATION OF ATTORNEY Erica Iverson FOR LEAVE TO APPEAR PRO HAC VICE for Defendant City of Seattle (Fee Paid) Receipt No. AWAWDC-7357954 (Harrigan, Arthur) (Entered: 12/06/2021)

Dec. 6, 2021

Dec. 6, 2021

RECAP
61

ORDER granting in part and denying in part Defendant's 54 Motion for Protective Order. Within thirty (30) days of the date of this Order, the City shall produce responsive documents, subject to and consistent with this Order. Signed by Judge Thomas S. Zilly.(MW) (Entered: 12/06/2021)

Dec. 6, 2021

Dec. 6, 2021

RECAP
62

NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Caitlin B Pratt for Defendant City of Seattle. (Harrigan, Arthur) (Entered: 12/06/2021)

Dec. 6, 2021

Dec. 6, 2021

RECAP
63

ORDER re 60 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Erica Iverson for Defendant City of Seattle, by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) (Entered: 12/06/2021)

Dec. 6, 2021

Dec. 6, 2021

PACER

Order on Application for Leave to Appear Pro Hac Vice

Dec. 6, 2021

Dec. 6, 2021

PACER
64

NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Kristin Elizabeth Ballinger for Defendant City of Seattle. (Harrigan, Arthur) (Entered: 01/04/2022)

Jan. 4, 2022

Jan. 4, 2022

RECAP
65

MOTION to Certify Class, filed by Plaintiffs 12th and Pike Associates LLC, Argento LLC, Bergmans Lock and Key Services LLC, Wade Biller, Kathleen Caples, Greenus Building Inc, Hunters Capital LLC, Hunters Property Holdings LLC, Madrona Real Estate Investors IV LLC, Madrona Real Estate Investors VI LLC, Madrona Real Estate Services LLC, Northwest Liquor and Wine LLC, Olive St Apartments LLC, Onyx Homeowners Association, Matthew Ploszaj, Rancho Bravo, Inc, Redside Partners LLC, SRJ Enterprises, Sage Physical Therapy PLLC, Shuffle LLC, Magdalena Sky, Sway and Cake LLC, The Richmark Company. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 2/18/2022, (Calfo, Angelo) (Entered: 01/13/2022)

1 Proposed Order

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Jan. 13, 2022

Jan. 13, 2022

RECAP
66

DECLARATION of Tyler Weaver filed by Plaintiffs 12th and Pike Associates LLC, Argento LLC, Bergmans Lock and Key Services LLC, Wade Biller, Kathleen Caples, Greenus Building Inc, Hunters Capital LLC, Hunters Property Holdings LLC, Madrona Real Estate Investors IV LLC, Madrona Real Estate Investors VI LLC, Madrona Real Estate Services LLC, Northwest Liquor and Wine LLC, Olive St Apartments LLC, Onyx Homeowners Association, Matthew Ploszaj, Rancho Bravo, Inc, Redside Partners LLC, SRJ Enterprises, Sage Physical Therapy PLLC, Shuffle LLC, Magdalena Sky, Sway and Cake LLC, The Richmark Company re 65 MOTION to Certify Class (Attachments: # 1 Exhibits 1-19, # 2 Exhibits 20-37)(Calfo, Angelo) (Entered: 01/13/2022)

1 Exhibits 1-19

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2 Exhibits 20-37

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Jan. 13, 2022

Jan. 13, 2022

RECAP
67

DECLARATION of John McDermott filed by Plaintiffs 12th and Pike Associates LLC, Argento LLC, Bergmans Lock and Key Services LLC, Wade Biller, Kathleen Caples, Greenus Building Inc, Hunters Capital LLC, Hunters Property Holdings LLC, Madrona Real Estate Investors IV LLC, Madrona Real Estate Investors VI LLC, Madrona Real Estate Services LLC, Northwest Liquor and Wine LLC, Olive St Apartments LLC, Onyx Homeowners Association, Matthew Ploszaj, Rancho Bravo, Inc, Redside Partners LLC, SRJ Enterprises, Sage Physical Therapy PLLC, Shuffle LLC, Magdalena Sky, Sway and Cake LLC, The Richmark Company re 65 MOTION to Certify Class (Calfo, Angelo) (Entered: 01/13/2022)

Jan. 13, 2022

Jan. 13, 2022

RECAP
68

DECLARATION of Jill Cronauer filed by Plaintiffs 12th and Pike Associates LLC, Argento LLC, Bergmans Lock and Key Services LLC, Wade Biller, Kathleen Caples, Greenus Building Inc, Hunters Capital LLC, Hunters Property Holdings LLC, Madrona Real Estate Investors IV LLC, Madrona Real Estate Investors VI LLC, Madrona Real Estate Services LLC, Northwest Liquor and Wine LLC, Olive St Apartments LLC, Onyx Homeowners Association, Matthew Ploszaj, Rancho Bravo, Inc, Redside Partners LLC, SRJ Enterprises, Sage Physical Therapy PLLC, Shuffle LLC, Magdalena Sky, Sway and Cake LLC, The Richmark Company re 65 MOTION to Certify Class (Calfo, Angelo) (Entered: 01/13/2022)

Jan. 13, 2022

Jan. 13, 2022

RECAP
69

DECLARATION of Bradford G. Augustine filed by Plaintiffs 12th and Pike Associates LLC, Argento LLC, Bergmans Lock and Key Services LLC, Wade Biller, Kathleen Caples, Greenus Building Inc, Hunters Capital LLC, Hunters Property Holdings LLC, Madrona Real Estate Investors IV LLC, Madrona Real Estate Investors VI LLC, Madrona Real Estate Services LLC, Northwest Liquor and Wine LLC, Olive St Apartments LLC, Onyx Homeowners Association, Matthew Ploszaj, Rancho Bravo, Inc, Redside Partners LLC, SRJ Enterprises, Sage Physical Therapy PLLC, Shuffle LLC, Magdalena Sky, Sway and Cake LLC, The Richmark Company re 65 MOTION to Certify Class (Calfo, Angelo) (Entered: 01/13/2022)

Jan. 13, 2022

Jan. 13, 2022

RECAP
70

NOTICE of Association of Attorney by Bryn Resser Pallesen on behalf of Defendant City of Seattle. (Pallesen, Bryn) (Entered: 01/14/2022)

Jan. 14, 2022

Jan. 14, 2022

RECAP
71

STIPULATION STIPULATED DISMISSAL OF PLAINTIFF NORTHWEST LIQUOR AND WINE LLC PURSUANT TO FRCP 41(a)(1)(A)(ii) by parties (Weaver, Tyler) (Entered: 01/24/2022)

Jan. 24, 2022

Jan. 24, 2022

RECAP

Party Northwest Liquor and Wine LLC (a Washington limited liability company) terminated per 71 Stipulation. (MW)

Jan. 24, 2022

Jan. 24, 2022

PACER

Add and Terminate Parties

Jan. 25, 2022

Jan. 25, 2022

PACER
72

STIPULATION STIPULATED DISMISSAL OF PLAINTIFF RANCHO BRAVO, INC., PURSUANT TO FRCP 41(a)(1)(A)(ii) by parties (Weaver, Tyler) (Entered: 02/07/2022)

Feb. 7, 2022

Feb. 7, 2022

RECAP

Plaintiff Rancho Bravo, Inc terminated. (MW)

Feb. 7, 2022

Feb. 7, 2022

PACER
73

MOTION to Seal City of Seattle's Motion to Seal the City's Opposition to Class Certification and Certain Exhibits to the Declaration of Tyler L. Farmer in Support of the City's Opposition to Motion for Class Certification, filed by Defendant City of Seattle. (Attachments: # 1 Proposed Order) Noting Date 2/25/2022, (Harrigan, Arthur) (Entered: 02/07/2022)

1 Proposed Order

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Feb. 7, 2022

Feb. 7, 2022

RECAP
74

RESPONSE, by Defendant City of Seattle, to 65 MOTION to Certify Class . Oral Argument Requested. (Harrigan, Arthur) (Entered: 02/07/2022)

Feb. 7, 2022

Feb. 7, 2022

RECAP
75

DECLARATION of Tyler L. Farmer filed by Defendant City of Seattle re 65 MOTION to Certify Class (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44, # 45 Exhibit 45, # 46 Exhibit 46, # 47 Exhibit 47, # 48 Exhibit 48, # 49 Exhibit 49, # 50 Exhibit 50, # 51 Exhibit 51, # 52 Exhibit 52, # 53 Exhibit 53, # 54 Exhibit 54, # 55 Exhibit 55, # 56 Exhibit 56, # 57 Exhibit 57, # 58 Exhibit 58, # 59 Exhibit 59, # 60 Exhibit 60, # 61 Exhibit 61, # 62 Exhibit 62, # 63 Exhibit 63, # 64 Exhibit 64, # 65 Exhibit 65, # 66 Exhibit 66, # 67 Exhibit 67, # 68 Exhibit 68, # 69 Exhibit 69, # 70 Exhibit 70, # 71 Exhibit 71, # 72 Exhibit 72, # 73 Exhibit 73, # 74 Exhibit 74, # 75 Exhibit 75, # 76 Exhibit 76, # 77 Exhibit 77, # 78 Exhibit 78, # 79 Exhibit 79, # 80 Exhibit 80, # 81 Exhibit 81, # 82 Exhibit 82, # 83 Exhibit 83, # 84 Exhibit 84, # 85 Exhibit 85, # 86 Exhibit 86, # 87 Exhibit 87, # 88 Exhibit 88, # 89 Exhibit 89, # 90 Exhibit 90, # 91 Exhibit 91, # 92 Exhibit 92, # 93 Exhibit 93, # 94 Exhibit 94)(Harrigan, Arthur) (Entered: 02/07/2022)

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Feb. 7, 2022

Feb. 7, 2022

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76

SEALED DOCUMENT City of Seattle's Opposition to 65 Motion for Class Certification by Defendant City of Seattle re 73 MOTION to Seal City of Seattle's Motion to Seal the City's Opposition to Class Certification and Certain Exhibits to the Declaration of Tyler L. Farmer in Support of the City's Opposition to Motion for Class Certification (Harrigan, Arthur) (Entered: 02/07/2022)

Feb. 7, 2022

Feb. 7, 2022

PACER
77

SEALED DOCUMENT Sealed Exhibits to Declaration of Tyler L. Farmer by Defendant City of Seattle re 73 MOTION to Seal City of Seattle's Motion to Seal the City's Opposition to 65 Class Certification and Certain Exhibits to the Declaration of Tyler L. Farmer in Support of the City's Opposition to Motion for Class Certification, 75 Declaration,,,,,,, (Attachments: # 1 Exhibit 11, # 2 Exhibit 12, # 3 Exhibit 15, # 4 Exhibit 17, # 5 Exhibit 18, # 6 Exhibit 20, # 7 Exhibit 39, # 8 Exhibit 86, # 9 Exhibit 89, # 10 Exhibit 91)(Harrigan, Arthur) Modified to unseal Exhibit 89 per 89 Minute Order on 2/28/2022 (LH). (Entered: 02/07/2022)

Feb. 7, 2022

Feb. 7, 2022

PACER

Case Details

State / Territory: Washington

Case Type(s):

Policing

Special Collection(s):

Police Violence Protests

Post-WalMart decisions on class certification

Multi-LexSum (in sample)

Key Dates

Filing Date: June 24, 2020

Closing Date: April 17, 2023

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Several businesses and individuals in Capitol Hill neighborhood of Seattle

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

City of Seattle (Seattle), City

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Equal Protection

Takings

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: 3,650,000

Issues

General:

Loss or damage to property

Discrimination-area:

Disparate Treatment