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)

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THE HONORABLE JOHN C. COUGHENOUR 1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 9 KING COUNTY, 10 11 12 13 CASE NO. C17-0921-JCC Plaintiff, MINUTE ORDER v. CITY OF SAMMAMISH, Defendant. 14 15 16 17 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 18 jurisdiction (Dkt. No. 16) and Plaintiff’s subsequent amended complaint (Dkt. No. 18). 19 Defendant’s motion alleged that Plaintiff’s initial complaint failed to present a federal question 20 sufficient to create jurisdiction under 28 U.S.C. § 1331. (Dkt. No. 16 at 1.) Plaintiff’s amended 21 complaint alleged multiple new federal claims. (Dkt. No. 18 at 16-18.) 22 Defendant recognizes that, in light of the amended complaint, it would not be appropriate 23 for the Court to rule on its motion to dismiss at this time. (Dkt. No. 28 at 2.) Defendant intends to 24 move for summary judgment dismissal of the newly alleged claims. (Id.) If that motion is 25 granted, the original complaint will become the operative pleading again and Defendant’s motion 26 to dismiss will again be appropriate to consider. MINUTE ORDER C17-0921-JCC PAGE - 1 1 Accordingly, the Court DEFERS ruling on the motion to dismiss (Dkt. No. 16) and 2 directs the Clerk to TERMINATE the motion so it is no longer active. Should Plaintiff’s newly 3 alleged claims be stricken in the future, Defendant may ask the Court to reactivate the motion to 4 dismiss (Dkt. No. 16) and set a new noting date. 5 DATED this 21st day of July 2017. 6 William M. McCool Clerk of Court 7 s/Paula McNabb Deputy Clerk 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 MINUTE ORDER C17-0921-JCC PAGE - 2

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