Chen et al v. The City of Redmond, et al

Filing 304

ORDER: The court ORDERS the parties to meet and confer and file a joint status report no later than 1/13/2023. Signed by Judge James L. Robart. (LH) (cc: Plaintiffs via US mail)

Case 2:16-cv-01877-JLR Document 304 Filed 12/06/22 Page 1 of 3

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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SUSAN CHEN, et al.,

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v.

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ORDER

NATALIE D’AMICO, et al.,
Defendants.

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Plaintiffs,

CASE NO. C16-1877JLR

Before the court is the mandate of the Ninth Circuit Court of Appeals (Mandate

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(Dkt. # 299)) vacating and remanding this court’s orders granting summary judgment for

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Defendants Washington State Department of Health and Social Services and Kimberly R.

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Danner (collectively, “State Defendants”) as to Plaintiffs Susan Chen’s and J.L.’s

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(collectively “Plaintiffs” 1) claims for (1) negligent infliction of emotional distress during

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Plaintiff Naixing Lian did not appeal his claims. (9th Cir. Mem. (Dkt. # 297) at 5 n.2.)
The Ninth Circuit affirmed dismissal as to Plaintiff L.L.’s claims for failure to show sufficient
evidence of causation. (Id.)
ORDER - 1

Case 2:16-cv-01877-JLR Document 304 Filed 12/06/22 Page 2 of 3

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the period following the shelter care hearing (see 12/20/2019 Order (Dkt. # 242)), and

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(2) negligent investigation during the same period (see 1/22/2020 Order (Dkt. # 275)

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(granting summary judgment on motion for partial reconsideration)). (See 9th Cir.

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Mem.) The Ninth Circuit affirmed the court’s orders in all other respects. (Id. at 5.)

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On November 9, 2022, the court ordered the parties to meet and confer and file a

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joint status report with a proposed course of action in light of the Ninth Circuit’s opinion.

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(See 11/9/22 Order (Dkt. #300).) The Clerk did not, however, mail that order to

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Plaintiffs. (See id.) State Defendants made several unsuccessful attempts to contact

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Plaintiffs to confer before filing their own status report. (See Status Report (Dkt. # 302).)

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The court finds it necessary to issue a second order to give Plaintiffs an opportunity to

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provide input.

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Accordingly, the court ORDERS the parties to meet and confer and file a joint

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status report that includes: (1) a proposal for how this matter should proceed in view of

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the Ninth Circuit’s opinion vacating and remanding the matter to this court, (2) an

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accompanying timeline for the proposed course of action, and (3) whether Plaintiffs

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intend to find counsel for further proceedings. The court DIRECTS the Clerk to send this

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Case 2:16-cv-01877-JLR Document 304 Filed 12/06/22 Page 3 of 3

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order to Plaintiffs via U.S. Mail at their last-known address: P.O. Box. 134, Redmond,

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WA 98073. The parties shall file their joint status report no later than January 13, 2023.

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Dated this 6th day of December, 2022.

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A

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JAMES L. ROBART
United States District Judge

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ORDER - 3