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)

Download PDF
1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 6 7 SAMUEL LEVINE, 8 9 10 Plaintiff, C16-1284 TSZ v. MINUTE ORDER CITY OF SEATTLE, et al., 11 Defendants. 12 The following Minute Order is made by direction of the Court, the Honorable 13 Thomas S. Zilly, United States District Judge: 14 (1) Defendants’ motion to strike and to dismiss, docket no. 14, is GRANTED in part and DENIED in part as follows: 15 (a) The motion under Rule 12(f) to dismiss is DENIED; 16 (b) The motion under Rule 12(b)(6) to dismiss is DENIED; 17 (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 18 19 20 21 22 23 MINUTE ORDER - 1 1 (e) 2 3 4 (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. 5 William M. McCool Clerk 6 7 s/Karen Dews Deputy Clerk 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 MINUTE ORDER - 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?