Bykov v. Rosen et al
ORDER granting Defendants' 63 Motion to Strike Pursuant to FRCP 12(f). Asserted claims against Defendants Judge Steven G. Rosen and his marital community and Brian Rogers and his marital community are hereby STRICKEN with prejudice and without leave to amend. Signed by U.S. District Judge John C Coughenour. (TH)
THE HONORABLE JOHN C. COUGHENOUR
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
CASE NO. C15-0713-JCC
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,
This matter comes before the Court on Defendants Judge Steven G. Rosen, Brian Rogers,
and their marital communities’ motion to strike Plaintiff’s Second Amended Complaint (“SAC”)
(Dkt. No. 62). The Court dismissed Plaintiff’s First Amended Complaint as to claims against
Judge Rosen and Mr. Rogers. (Dkt. No. 50.) On appeal, the Ninth Circuit affirmed the dismissal
but remanded for the District Court to consider whether Plaintiff should be granted leave to
amend certain claims and whether Plaintiff alleged plausible claims for relief under the First,
Fourth, and Fourteenth Amendments. (Dkt. No. 54 at 2–4.) This Court found that no amendment
would lead to plausible Constitutional claims against these defendants. (Dkt. No. 56 at 3.)
Plaintiff’s motion for reconsideration was denied. (Dkt. No. 58.) Plaintiff’s SAC (Dkt. No. 59)
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now renames Judge Rosen and Mr. Rogers as Defendants and reasserts causes of action against
them that the Court has dismissed (Dkt. No. 50).
“A party may amend its pleading [a second time] only with opposing party’s written
consent or the court’s leave.” Fed. R. Civ. P. 15(a)(2). A court may strike from a complaint
“immaterial [or] impertinent . . . matter.” Fed. R. Civ. P. 12(f).
Plaintiff does not have leave to amend his complaint as to Judge Rosen and Mr. Rogers.
He misreads orders concerning his claims when he argues otherwise. This Court’s denial of leave
to amend the complaint as to all claims against these defendants was necessarily a denial of leave
to re-plead these claims. (See Dkt. No. 66 at 6.) Further, the Ninth Circuit’s remand did not
mandate leave to re-plead claims. (Dkt. No. 54 at 4–5.)
The Court thus GRANTS Defendants’ motion to strike (Dkt. No. 63). Asserted claims
against Defendants Judge Steven G. Rosen and his marital community and Brian Rogers and his
marital community are hereby STRICKEN with prejudice and without leave to amend.
DATED this 17th day of November 2017.
John C. Coughenour
UNITED STATES DISTRICT JUDGE
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