King County v. City of Sammamish

Filing 29

MINUTE ORDER deferring ruling on Defendant's 16 Motion to Dismiss. Authorized by U.S. District Judge John C Coughenour. (SWT)

THE HONORABLE JOHN C. COUGHENOUR

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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KING COUNTY,

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CASE NO. C17-0921-JCC
Plaintiff,

MINUTE ORDER

v.
CITY OF SAMMAMISH,
Defendant.

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The following Minute Order is made by direction of the Court, the Honorable John C.
Coughenour, United States District Judge:
This matter comes before the Court on Defendant’s motion to dismiss for lack of

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jurisdiction (Dkt. No. 16) and Plaintiff’s subsequent amended complaint (Dkt. No. 18).

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Defendant’s motion alleged that Plaintiff’s initial complaint failed to present a federal question

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sufficient to create jurisdiction under 28 U.S.C. § 1331. (Dkt. No. 16 at 1.) Plaintiff’s amended

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complaint alleged multiple new federal claims. (Dkt. No. 18 at 16-18.)

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Defendant recognizes that, in light of the amended complaint, it would not be appropriate

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for the Court to rule on its motion to dismiss at this time. (Dkt. No. 28 at 2.) Defendant intends to

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move for summary judgment dismissal of the newly alleged claims. (Id.) If that motion is

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granted, the original complaint will become the operative pleading again and Defendant’s motion

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to dismiss will again be appropriate to consider.

MINUTE ORDER C17-0921-JCC
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Accordingly, the Court DEFERS ruling on the motion to dismiss (Dkt. No. 16) and

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directs the Clerk to TERMINATE the motion so it is no longer active. Should Plaintiff’s newly

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alleged claims be stricken in the future, Defendant may ask the Court to reactivate the motion to

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dismiss (Dkt. No. 16) and set a new noting date.

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DATED this 21st day of July 2017.

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William M. McCool
Clerk of Court

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s/Paula McNabb
Deputy Clerk

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MINUTE ORDER C17-0921-JCC
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