Perryman et al v. City of Seattle Police et al

Filing 89

ORDER denying plaintiff Sean Perryman's 82 Request for Binding Arbitration; EXTENDING deadline for filing status report until 4:30 pm on 1/5/2018, signed by Judge Robert S. Lasnik.(SWT) (cc: Sean Perryman, Wayne Perryman via USPS)

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1 2 3 4 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 5 6 7 8 9 10 11 12 _________________________________ ) ) ) Plaintiff, ) v. ) ) RHINO ROOM, et al., ) ) Defendants. ) _________________________________ ) SEAN PERRYMAN, Case No. C17-0274RSL ORDER 13 This matter comes before the Court on plaintiff Sean Perryman’s “Motion for Binding 14 Arbitration” (Dkt. # 82) and on review of the record in this matter. Plaintiff offers no legal or 15 factual basis for his request that the Court compel defendants to arbitrate this dispute. 16 “[A]rbitration is a matter of contract and a party cannot be required to submit to arbitration any 17 dispute which he has not agreed so to submit.” AT&T Techs., Inc. v. Commc’ns Workers of 18 Am., 475 U.S. 643, 648 (1986) (quoting Steelworkers v. Warrier & Gulf Navigation Co., 363 19 U.S. 574, 582 (1960)). Plaintiff has not produced evidence of an agreement to arbitrate, nor do 20 the facts of this case suggest that the parties have any sort of contractual relationship. The 21 request to send this case to binding arbitration is therefore DENIED. 22 On December 13, 2017, the Court instructed plaintiff Sean Perryman to file a status report 23 notifying the Court whether he will make himself available for discovery pursuant to the existing 24 case management schedule or whether he would prefer that this action be stayed for a specified 25 26 ORDER 1 period of time in light of his relocation to Dallas, Texas.1 Both Sean and his father recently filed 2 documents in this matter,2 but Sean has not provided the required status report or otherwise 3 indicated his availability and/or preferences. The Court will extend the deadline for filing the 4 status report until 4:30 pm on January 5, 2018. If Sean fails to timely apprise the Court of the 5 status of this case, sanctions may be imposed, including dismissal of the claims. 6 In order to allow defendants to move forward with discovery as we await Sean 7 Perryman’s status update, depositions may be scheduled to occur at the United States 8 Courthouse, 700 Stewart Street, Seattle, Washington 98101, on January 8, 9, 10, and/or 12, 9 2018. For purposes of the Notice(s) of Deposition, the location is the 15th Floor of the United 10 States Courthouse, Room 15128.3 11 Dated this 21st day of December, 2017. 12 13 A Robert S. Lasnik 14 United States District Judge 15 16 17 18 19 1 20 21 22 23 24 25 26 Plaintiff was further instructed that this information must come directly from plaintiff, Sean Perryman. His father is not permitted to represent him in this matter, and any attempt to relay Sean’s wishes would constitute hearsay. 2 Sean’s submission includes arguments regarding the scope of his deposition. Dkt. # 87. The Court has already declined to limit the questioning to whether Sean initiated contact with defendant Ismael and whether Rhino Room Security violated their policies. Dkt. # 85. Plaintiff does not get to unilaterally determine what is relevant and/or what kinds of questions he is willing to answer. 3 The parties are hereby advised that photo identification and a security screening are required for entry into the Courthouse. Weapons of any kind, including firearms and knives, are prohibited in federal court facilities. See ORDER -2-

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