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

Filing 309

ORDER: The court construes the document at dkt. 307 as Ms. Chen's response to the court's December 6, 2022 order directing the parties to meet and confer. The court ORDERS the parties to meet and confer and file a joint status report by no later than 3/18/2023, that includes a proposal for how this matter should proceed in view of the Ninth Circuit's opinion vacating and remanding the matter to this court and an accompanying timeline for the proposed course of action. Signed by Judge James L. Robart. (LH) Modified on 1/17/2023 - cc: Plaintiffs Chen and Lian via US mail (LH).

Case 2:16-cv-01877-JLR Document 309 Filed 01/17/23 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

On December 6, 2022, the court ordered the parties to meet and confer and file a

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joint status report no later than January 13, 2023 with a proposal for how this matter

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should proceed and a proposed timeline. (See 12/6/22 Order (Dkt. # 304).) In response,

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Defendant Washington State Department of Children Youth and Family (“DCYF”) 1 and

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DCYF is the successor-in-interest to the Washington State Department of Social and
Health Services. See, e.g., RCW 43.216.906.

ORDER - 1

Case 2:16-cv-01877-JLR Document 309 Filed 01/17/23 Page 2 of 3

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pro se Plaintiff Susan Chen have filed separate status reports. 2 (DCYF Status Report

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(Dkt. # 305); Chen Status Report (Dkt. # 307)). Plaintiff J.L., Ms. Chen’s minor son,

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does not have legal representation and did not file a status report. (See Dkt.); see also

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Johns v. Cnty. of San Diego, 114 F.3d 874, 877 (9th Cir. 1997) (prohibiting pro se

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parents or guardians from representing a minor child without assistance of counsel).

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DCYF and Ms. Chen represent that they held a telephone call on January 11, 2023

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but were unable to reach agreement regarding how the matter should proceed or a

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proposed timeline. (DCYF Status Report at 1-2; Chen Status Report at 2.) Both parties

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represent that they were unable to reach agreement in large part because Plaintiffs do not

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yet have, but intend to obtain, legal counsel. (See DCYF Status Report at 1-2; Chen

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Status Report at 1-2.)

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In light of Ms. Chen’s pro se status and limited English proficiency, as well as

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J.L.’s lack of legal representation, the court grants Plaintiffs an additional 60 days to

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obtain legal counsel. (See Chen Status Report at 1.) Accordingly, the court ORDERS the

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parties to meet and confer and file a joint status report by no later than March 18, 2023,

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that includes a proposal for how this matter should proceed in view of the Ninth Circuit’s

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opinion vacating and remanding the matter to this court and an accompanying timeline

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for the proposed course of action.

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Ms. Chen’s filing is noted as a motion to extend the deadline to meet and confer. (See
Dkt.) The court construes this document as Ms. Chen’s response to the court’s December 6,
2022 order directing the parties to meet and confer. (See 12/6/22 Order.)
ORDER - 2

Case 2:16-cv-01877-JLR Document 309 Filed 01/17/23 Page 3 of 3

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Dated this 17th day of January, 2023.

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A

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JAMES L. ROBART
United States District Judge

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ORDER - 3