United States of America v. City of Seattle

Filing 520

ORDER LIFTING STAY and extending deadlines: Government's Show Cause Response due by 2/13/2019, City's reply due on 2/20/2019, Community Police Commission may file a response, if any, when the Government files its brief on 2/13/2019. Signed by Judge James L. Robart. (SWT)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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UNITED STATES OF AMERICA,
Plaintiff,

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CASE NO. C12-1282JLR
ORDER

v.
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CITY OF SEATTLE,
Defendant.

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On December 4, 2019, the court ordered the parties to show cause whether

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Defendant City of Seattle (“the City”) failed to maintain full and effective compliance

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with the Consent Decree. 1 (OSC (Dkt. # 504).) Based on a stipulation of the parties, the

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court agreed to set the deadline for (1) the City’s response to the order to cause on

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December 17, 2018, (2) Plaintiff United States of America’s (“the Government”)

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(See Consent Decree (Dkt. # 3-1) (attaching Settlement Agreement); (Dkt. # 8) (order
provisionally approving the Settlement Agreement); (Dkt. # 13) (order modifying and preliminarily
approving the Settlement Agreement).)

ORDER - 1

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response on January 9, 2019, and (3) the City’s reply on January 16, 2019. (12/11/18

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Order (Dkt. # 507) at 1.)

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On December 21, 2018, the appropriations act that had been funding the

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Department of Justice (“DOJ”) expired and appropriations to DOJ lapsed. (See DOJ

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Mot. (Dkt. # 514) at 1.) Accordingly, the Government requested a stay of all pending

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deadlines in this case until Congress and the President restored appropriations to DOJ.

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(See generally id.) On January 2, 2019, the court granted the motion and extended the

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deadlines for the parties’ responses to the order to show cause “commensurate with the

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duration of the lapse in appropriations.” (1/2/19 Order (Dkt. # 517) at 1.)

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On Friday, January 25, 2019, President Donald Trump signed into law House Joint

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Resolution 28, the “Further Additional Continuing Appropriations Act, 2019,” which

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included a short-term continuing resolution that provides fiscal year 2019 appropriations

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through February 15, 2019. Because DOJ’s funding is restored, the court lifts its stay of

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this matter.

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The lapse in appropriations lasted for a total of 35 days. Accordingly, based on its

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January 2, 2019, order extending the deadlines “commensurate with the duration of the

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lapse in appropriations,” the court resets the following deadlines: (1) the Government’s

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response to the court’s order to show cause is due on Wednesday, February 13, 2019, and

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(2) the City’s reply is due on Wednesday, February 20, 2019. (See 1/2/19 Order at 1.)

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ORDER - 2

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The Community Police Commission may file a response, if any, when the Government

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files its brief on February 13, 2019. (See 12/11/18 Order at 1.)

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Dated this 29th day of January, 2019.

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A

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JAMES L. ROBART
United States District Judge

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ORDER - 3