Morales v. Fry et al

Filing 172

ORDER granting parties' 171 Stipulated Motion and Order to Exonerate Defendants' Appeal Bond and Dismiss Certain Defendants. The stay of enforcement of the attorney fee award imposed on May 5, 2015 (Dkt. No. 157 ) is LIFTED. The superse deas bond that Defendants posted on March 6, 2015 (Dkt. No. 153 -2) is EXONERATED. The City's surety is authorized to release the bond. The clerk is DIRECTED to re-caption the case to reflect Officer Sonya Fry as the sole Defendant remaining in this matter. Signed by U.S. District Judge John C Coughenour. (TH) (Brian Rees, member of the Seattle Police Department; City of Seattle; and Michelle Gallegos, Member of the Seattle Police Department terminated.)

THE HONORABLE JOHN C. COUGHENOUR

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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MARIA MORALES,

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Plaintiff,

CASE NO. C12-2235-JCC
ORDER

v.

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OFFICER SONYA FRY, et al.,

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Defendants.

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This matter comes before the Court on Plaintiff Maria Morales’ and Defendant Officer

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Sonya Fry’s stipulated motion (Dkt. No. 171) to exonerate Defendants’ appeal bond (Dkt. No.

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157) and dismiss certain defendants. Having thoroughly considered the parties’ briefing and the

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relevant record, the Court GRANTS the motion (Dkt. No. 171) for the reasons explained herein.

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RELEVANT PROCEDURAL HISTORY

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Following trial, the Court awarded Plaintiff attorney fees of $165,405 for her successful

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claims against Seattle police officer Brian Rees. (Dkt. No. 150.) Defendants posted a supersedeas

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bond and moved to stay enforcement of the attorney fee award pending appeal. (Dkt. No. 153.) The

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Court granted that motion. (Dkt. No. 157.) The Ninth Circuit affirmed the judgment of the Court as

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to Officer Rees, including the attorney fee award, and remanded for retrial of Plaintiff’s claims against

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Officer Sonya Fry. (Dkt. No. 159.) Retrial is scheduled to begin July 9, 2018. (Dkt. No. 167.)

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//
ORDER
C12-2235-JCC
PAGE - 1

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STIPULATION

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Defendants have arranged to the satisfaction of Plaintiff to pay the attorney fees above in

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addition to the costs the Clerk awarded after trial. (Dkt. No. 149.) Plaintiff Morales and Defendant

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Fry agree that there is no need to continue the stay of enforcement, and that the Court may exonerate

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the supersedeas bond.

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In addition, Plaintiff Morales and Defendant Fry agree that Plaintiff’s only claims remaining

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for trial are her claims against Defendant Fry. The docket reflects that Officer Michelle Gallegos,

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Officer Rees, and the City of Seattle have not been dismissed. Plaintiff Morales and Defendant Fry

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ask the Court to terminate those Defendants.

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ORDER
Based on the foregoing stipulation, the Court GRANTS the parties’ stipulated motion, and
ORDERS as follows:
1) The stay of enforcement of the attorney fee award imposed on May 5, 2015 (Dkt. No.
157) is LIFTED.
2) The supersedeas bond that Defendants posted on March 6, 2015 (Dkt. No. 153-2) is
EXONERATED. The City’s surety is authorized to release the bond.
3) The clerk is DIRECTED to re-caption the case to reflect Officer Sonya Fry as the sole
Defendant remaining in this matter.

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DATED this 27th day of February 2018.

A

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John C. Coughenour
UNITED STATES DISTRICT JUDGE

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ORDER
C12-2235-JCC
PAGE - 2