United States of America v. City of Seattle
Filing
647
ORDER granting Parties' 646 Joint Stipulated Motion to Convert the Temporary Restraining Order to Preliminary Injunction and to Incorporate Future Briefing into Consent Decree Review Process. (1) The Temporary Restraining Order regarding the effective date of the Crowd Control Weapons Ordinance is converted to a Preliminary Injunction that will expire only by Court order (either after demonstration that the review process set forth in Paragraphs 177-181 of the Consent Decree has taken place or has been rendered moot) or by joint motion of the Parties recommending that the preliminary injunction be terminated and approval by the Court. (2) All deadlines set forth in the September 10, 2020 Order (Dkt. 643 ) are hereby stricken. Signed by Judge James L. Robart. (PM)
Case 2:12-cv-01282-JLR Document 646 Filed 10/01/20 Page 1 of 3
THE HONORABLE JAMES L. ROBART
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
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UNITED STATES OF AMERICA,
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Plaintiff,
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v.
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CITY OF SEATTLE,
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Defendant.
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Case No. 2:12-cv-01282-JLR
PARTIES’ JOINT STIPULATED
MOTION TO CONVERT TEMPORARY
RESTRAINING ORDER TO
PRELIMINARY INJUNCTION AND TO
INCORPORATE FUTURE BRIEFING
INTO CONSENT DECREE REVIEW
PROCESS
NOTE ON MOTION CALENDAR:
October 1, 2020
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The City of Seattle and the United States (“Parties”) hereby jointly move to convert the
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Court’s temporary restraining order regarding the City’s Crowd Control Weapons (“CCW”)
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Ordinance (Dkt. 630) into a preliminary injunction in order to facilitate review under the process set
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forth in paragraphs 177 to 181 of the Consent Decree (“Policy Review Process”). The Parties further
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stipulate that the preliminary injunction shall expire only by Court order (either after demonstration
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PARTIES’ JOINT STIPULATED MOTION TO CONVERT
TEMPORARY RESTRAINING ORDER TO PRELIMINARY
INJUNCTION AND TO INCORPORATE FUTURE BRIEFING
INTO CONSENT DECREE REVIEW PROCESS - 1
(12-CV-01282-JLR)
Peter S. Holmes
Seattle City Attorney
701 Fifth Avenue, Suite 2050
Seattle, WA 98104
(206) 684-8200
Case 2:12-cv-01282-JLR Document 646 Filed 10/01/20 Page 2 of 3
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that the Policy Review Process has taken place or has been rendered moot) or by joint motion of the
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Parties recommending that the preliminary injunction be terminated and approval by the Court.
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In light of this stipulation, the parties further request that the deadline for the Parties’
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response to the filings of the Accountability Partners (required by July 22, 2020 Order (Dkt. 626))
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be stricken and such briefing instead be incorporated into the same Policy Review Process and its
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related briefings. The Parties believe that briefing in advance of that time would be premature and
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may be rendered moot.
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Respectfully submitted,
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DATED this 1st day of October, 2020.
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For the CITY OF SEATTLE
For the UNITED STATES OF AMERICA
PETER S. HOLMES
Seattle City Attorney
BRIAN T. MORAN
United States Attorney for the
Western District of Washington
s/ Kerala T. Cowart
Kerala T. Cowart, WSBA #53649
Assistant City Attorney
Seattle City Attorney’s Office
701 Fifth Avenue, Suite 2050
Phone: (206) 733-9001
Fax: (206) 684-8284
Email: kerala.cowart@seattle.gov
s/ Christina Fogg
Christina Fogg
Assistant United States Attorney
United States Attorney’s Office
Western District of Washington
700 Stewart Street, Suite 5220
Seattle, Washington 98101-1271
Phone: (206) 553-7970
Email: Christina.Fogg@usdoj.gov
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PARTIES’ JOINT STIPULATED MOTION TO CONVERT
TEMPORARY RESTRAINING ORDER TO PRELIMINARY
INJUNCTION AND TO INCORPORATE FUTURE BRIEFING
INTO CONSENT DECREE REVIEW PROCESS - 2
(12-CV-01282-JLR)
Peter S. Holmes
Seattle City Attorney
701 Fifth Avenue, Suite 2050
Seattle, WA 98104
(206) 684-8200
Case 2:12-cv-01282-JLR Document 646-1 Filed 10/01/20 Page 1 of 3
THE HONORABLE JAMES L. ROBART
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
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UNITED STATES OF AMERICA,
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Plaintiff,
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v.
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CITY OF SEATTLE,
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Defendant.
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)
)
)
)
)
)
)
)
)
)
)
)
)
Case No. 2:12-cv-01282-JLR
ORDER GRANTING PARTIES’ JOINT
STIPULATED MOTION TO CONVERT
TEMPORARY RESTRAINING ORDER
TO PRELIMINARY INJUNCTION AND
INCORPORATE FUTURE BRIEFING
INTO CONSENT DECREE REVIEW
PROCESS
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Having reviewed the Parties’ Joint Stipulated Motion to Convert the Temporary Restraining
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Order to Preliminary Injunction and to Incorporate Future Briefing into Consent Decree Review
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Process, the Court GRANTS the motion and orders as follows:
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(1) The Temporary Restraining Order regarding the effective date of the Crowd Control
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Weapons Ordinance is converted to a Preliminary Injunction that will expire only by
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Court order (either after demonstration that the review process set forth in Paragraphs 17721
181 of the Consent Decree has taken place or has been rendered moot) or by joint motion
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ORDER GRANTING PARTIES’ JOINT STIPULATED MOTION
TO CONVERT TEMPORARY RESTRAINING ORDER TO
PRELIMINARY INJUNCTION AND INCORPORATE FUTURE
BRIEFING INTO CONSENT DECREE REVIEW PROCESS - 1
(12-CV-01282-JLR)
Case 2:12-cv-01282-JLR Document 646-1 Filed 10/01/20 Page 2 of 3
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of the Parties recommending that the preliminary injunction be terminated and approval
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by the Court; and
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(2) All deadlines set forth in the September 10, 2020 Order (Dkt. 643) are hereby stricken.
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1st
DATED this _____ day of October 2020.
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A
________________________________
Hon. James L. Robart
United States District Court Judge
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Presented by:
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PETER S. HOLMES
Seattle City Attorney
s/ Kerala T. Cowart
Kerala T. Cowart, WSBA #53649
Assistant City Attorney
Seattle City Attorney’s Office
701 Fifth Avenue, Suite 2050
Phone: (206) 733-9001
Fax: (206) 684-8284
Email: kerala.cowart@seattle.gov
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BRIAN T. MORAN
United States Attorney for the
Western District of Washington
s/ Christina Fogg
Christina Fogg, Assistant United States Attorney
United States Attorney’s Office
Western District of Washington
700 Stewart Street, Suite 5220
Seattle, Washington 98101-1271
Phone: (206) 553-7970
Email: Christina.Fogg@usdoj.gov
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ORDER GRANTING PARTIES’ JOINT STIPULATED MOTION
TO CONVERT TEMPORARY RESTRAINING ORDER TO
PRELIMINARY INJUNCTION AND INCORPORATE FUTURE
BRIEFING INTO CONSENT DECREE REVIEW PROCESS - 2
(12-CV-01282-JLR)
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