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)

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Case 2:12-cv-01282-JLR Document 646 Filed 10/01/20 Page 1 of 3 THE HONORABLE JAMES L. ROBART 1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 UNITED STATES OF AMERICA, 9 Plaintiff, 10 v. 11 CITY OF SEATTLE, 12 Defendant. 13 14 ) ) ) ) ) ) ) ) ) ) ) ) ) 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 15 16 The City of Seattle and the United States (“Parties”) hereby jointly move to convert the 17 Court’s temporary restraining order regarding the City’s Crowd Control Weapons (“CCW”) 18 Ordinance (Dkt. 630) into a preliminary injunction in order to facilitate review under the process set 19 forth in paragraphs 177 to 181 of the Consent Decree (“Policy Review Process”). The Parties further 20 stipulate that the preliminary injunction shall expire only by Court order (either after demonstration 21 22 23 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 1 that the Policy Review Process has taken place or has been rendered moot) or by joint motion of the 2 Parties recommending that the preliminary injunction be terminated and approval by the Court. 3 In light of this stipulation, the parties further request that the deadline for the Parties’ 4 response to the filings of the Accountability Partners (required by July 22, 2020 Order (Dkt. 626)) 5 be stricken and such briefing instead be incorporated into the same Policy Review Process and its 6 related briefings. The Parties believe that briefing in advance of that time would be premature and 7 may be rendered moot. 8 9 Respectfully submitted, 10 DATED this 1st day of October, 2020. 11 12 13 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 14 15 16 17 18 19 20 21 22 23 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 1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 UNITED STATES OF AMERICA, 9 Plaintiff, 10 v. 11 CITY OF SEATTLE, 12 Defendant. 13 14 ) ) ) ) ) ) ) ) ) ) ) ) ) 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 15 Having reviewed the Parties’ Joint Stipulated Motion to Convert the Temporary Restraining 16 Order to Preliminary Injunction and to Incorporate Future Briefing into Consent Decree Review 17 Process, the Court GRANTS the motion and orders as follows: 18 (1) The Temporary Restraining Order regarding the effective date of the Crowd Control 19 Weapons Ordinance is converted to a Preliminary Injunction that will expire only by 20 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 22 23 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 1 of the Parties recommending that the preliminary injunction be terminated and approval 2 by the Court; and 3 (2) All deadlines set forth in the September 10, 2020 Order (Dkt. 643) are hereby stricken. 4 5 1st DATED this _____ day of October 2020. 6 A ________________________________ Hon. James L. Robart United States District Court Judge 7 8 Presented by: 9 10 11 12 13 14 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 15 16 17 18 19 20 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 21 22 23 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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