Kim v. Human Resources Department of Social & Health Services, State of Washington

Filing 17

ORDER granting defendant's 13 Motion to Dismiss; denying as moot plaintiff's 16 Motion for an interpreter by U.S. District Judge John C Coughenour.(RS) cc plaintiff

THE HONORABLE JOHN C. COUGHENOUR

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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JOHN M. KIM,

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CASE NO. C16-1527-JCC
Plaintiff,

v.

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ORDER ON DEFENDANT’S
MOTION TO DISMISS

HUMAN RES. DEP’T OF SOC. &
HEALTH SERV.’S, STATE OF
WASH.,

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Defendant.

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This matter comes before the Court on Defendant Department of Social & Health

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Services’ motion to dismiss (Dkt. No. 13). Having thoroughly considered the parties’ briefing

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and the relevant record, the Court finds oral argument unnecessary and hereby GRANTS the

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motion and dismisses Plaintiff John Kim’s claims without prejudice for the reasons explained

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herein.

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Mr. Kim filed his complaint on September 30, 2016. (Dkt. No. 1.) He failed to timely

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serve the Department of Social & Health Services, and the Court extended his time to serve the

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Department to February 15, 2017. (Dkt. No. 8 at 1–2.) Mr. Kim attempted to serve the

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Department, but failed to serve the correct documents. (See Dkt. No. 13 at 2; Dkt. No. 14 at 5–

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19.) The Department filed a motion to dismiss Mr. Kim’s action for failure to timely serve. (Dkt.

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No. 13.) In lieu of dismissal, Mr. Kim requests additional time to comport with the requirements
ORDER ON DEFENDANT’S MOTION TO
DISMISS
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of Federal Rule of Civil Procedure 4. (Dkt. No. 16 at 2.)

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Absent waiver, a complaint and summons must be served within 90 days after the

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complaint is filed. Fed. R. Civ. P. 4(c), (m). Personal service on the attorney general or an

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assistant attorney general is required for service on a Washington state agency. Wash. Rev. Code

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§§ 4.28.080, 4.92.020. If service is improperly made without good cause, the Court “must

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dismiss the action without prejudice . . . or order that service be made within a specified time.”

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Fed. R. Civ. P. 4(m) (emphasis added).

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The Court has already deferred Mr. Kim’s service deadline once to February 15, 2017.

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(See Dkt. No. 8.) Because Mr. Kim did not properly serve the Department by that date, the Court

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must either dismiss the complaint or order service by a new date. Fed. R. Civ. P. 4(m). The Court

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is sympathetic to Mr. Kim’s difficulty navigating the Federal Rules, but prolonging Mr. Kim’s

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instant action does not resolve this problem. In fact, barring a statute of limitations issue, the

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Court gives Mr. Kim the precise relief he seeks by dismissing his complaint without prejudice.

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Mr. Kim now has the option to refile his action at a later date. If he chooses to do so, he must

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properly serve the Department as required by Federal Rules of Civil Procedure 4(c), 4(m), and

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Washington law. The Court thereby GRANTS the Departments’ motion and dismisses Mr.

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Kim’s complaint without prejudice.

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For the foregoing reasons, Defendant’s motion to dismiss (Dkt. No. 13) is GRANTED.

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Mr. Kim’s complaint is DISMISSED without prejudice. Mr. Kim also requests an interpreter to

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aid him in future hearings. (Dkt. No. 16 at 2.) In light of the Court’s ruling on the motion to

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dismiss, Mr. Kim’s request is DENIED as moot.

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ORDER ON DEFENDANT’S MOTION TO
DISMISS
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DATED this 5th day of May 2017.

A

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John C. Coughenour
UNITED STATES DISTRICT JUDGE

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ORDER ON DEFENDANT’S MOTION TO
DISMISS
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