Levine v. City of Seattle et al

Filing 22

MINUTE ORDER granting in part and denying in part Defendants' 14 Motion to Dismiss. Authorized by Judge Thomas S. Zilly. (PM)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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SAMUEL LEVINE,

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Plaintiff,
C16-1284 TSZ
v.
MINUTE ORDER
CITY OF SEATTLE, et al.,

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Defendants.

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The following Minute Order is made by direction of the Court, the Honorable
13 Thomas S. Zilly, United States District Judge:
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(1)
Defendants’ motion to strike and to dismiss, docket no. 14, is GRANTED
in part and DENIED in part as follows:

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(a)

The motion under Rule 12(f) to dismiss is DENIED;

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(b)

The motion under Rule 12(b)(6) to dismiss is DENIED;

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(c)

The motion under Rule 12(b)(1) to dismiss for lack of standing,
prospective declaratory and injunctive relief, is GRANTED. See
City of Los Angeles v. Lyons, 461 U.S. 95, 101 (1983). Those claims
for prospective declaratory and injunctive relief are DISMISSED
without prejudice;

(d)

The Court strikes paragraphs 57, 96, 105, 106, 110, and 111 of
plaintiff’s first amended complaint as immaterial and prejudicial.
Except as stricken, the Court DENIES the balance of the motion to
strike as frivolous; and

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MINUTE ORDER - 1

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(e)

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(2)
record.

Defendants’ motion to strike Mr. Williams’ declaration and
supporting exhibits, docket no. 20, as well as footnotes 1-8 of
plaintiff’s response, is STRICKEN as moot.

The Clerk is directed to send a copy of this Minute Order to all counsel of

Dated this 7th day of March, 2017.

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William M. McCool
Clerk

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s/Karen Dews
Deputy Clerk

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MINUTE ORDER - 2