Bykov v. Rosen et al

Filing 58

MINUTE ORDER denying plaintiff's 57 Motion for Reconsideration; plaintiff has until 9/8/17 to amend his remaining claims, should he wish to do so by U.S. District Judge John C Coughenour.(RS)

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THE HONORABLE JOHN C. COUGHENOUR 1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 9 VLADIK BYKOV, Plaintiff, 10 11 12 13 14 15 MINUTE ORDER v. STEVEN G. ROSEN and his marital community; MICHELINE MURPHY and her marital community; MARCUS NAYLOR and his marital community; BRIAN ROGERS and his marital community; and CITY OF SEATTLE, Defendants. 16 17 CASE NO. C15-0713-JCC The following Minute Order is made by direction of the Court, the Honorable John C. 18 Coughenour, United States District Judge: 19 This matter comes before the Court on Plaintiff’s motion for reconsideration (Dkt. No. 20 57) of this Court’s order regarding Plaintiff’s leave to amend his claims (Dkt. No. 56). 21 Plaintiff argues that the Court erred in denying him leave to amend his claims against 22 Defendants Rosen and Rogers, as well as the vicarious liability claims against Defendant City of 23 Seattle arising out of Rosen’s and Rogers’s conduct. (Dkt. No. 57 at 1.) The Court denied 24 Plaintiff leave to amend these claims because it found that judicial immunity protected 25 Defendants from suit and that the judicially noticed documents contradicted Plaintiff’s 26 allegations otherwise. (Dkt. No. 56 at 3.) MINUTE ORDER, C15-0713-JCC PAGE - 1 1 Plaintiff again attempts to rehash the nature of Rosen’s and Rogers’s conduct. (Dkt. No. 2 57 at 5.) But the fact remains that the judicially noticed documents show that Rosen and Rogers 3 were acting in their official capacity and were protected by judicial immunity. Thus, it is 4 absolutely clear that no amendment to Plaintiff’s complaint would cure this defect. 5 The motion for reconsideration (Dkt. No. 57) is DENIED. Plaintiff has until September 8, 6 2017 to amend his remaining claims, should he wish to do so. 7 DATED this 9th day of August 2017. 8 William M. McCool Clerk of Court 9 s/Rhonda Stiles Deputy Clerk 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 MINUTE ORDER, C15-0713-JCC PAGE - 2

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