Le et al v. Urquart et al

Filing 26

STIPULATION AND ORDER to amend complaint re parties' 25 Stipulation. Plaintiffs are granted leave to amend their complaint. Plaintiffs shall file their Second Amended Complaint within seven (7) days of the date of this Order. Signed by Judge Thomas S. Zilly. (SWT)

Judge Thomas S. Zilly
Jury Trial Date: June 3, 2019

1
2
3
4
5
6

IN THE U.S. DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

7
8
9
10
11
12
13

BAO XUYEN LE, INDIVIDUALLY, and
as the Court appointed PERSONAL
REPRESENTATIVE OF THE ESTATE
OF TOMMY LE, HOAI “SUNNY” LE,
Tommy Le’s Father, DIEU HO, Tommy
Le’s Mother, UYEN LE and BAO XUYEN
LE, Tommy Le’s Aunts, KIM TUYET LE,
Tommy Le’s Grandmother, and QUOC
NGUYEN, TAM NGUYEN, DUNG
NGUYEN, JULIA NGUYEN AND
JEFFERSON NGUYEN, Tommy Le’s
Siblings,

NO. 2:cv-18-00055 TSZ
STIPULATION AND ORDER TO AMEND
COMPLAINT

14
Plaintiffs,
15
v.
16
17
18
19

JOHN URQUHART, the former KING
COUNTY SHERIFF, MARTIN LUTHER
KING JR. COUNTY as sub-division of the
STATE of WASHINGTON, KING
COUNTY SHERIFF’S OFFICE, and KING
COUNTY DEPUTY SHERIFF CESAR
MOLINA.

20
Defendants.
21
22
23

STIPULATION AND ORDER TO AMEND
COMPLAINT – 1

NO. 2:cv-18-00055

CAMPICHE ARNOLD, PLLC
Market Place Tower
1201 Third Avenue
Suite 3810
Seattle, WA 98101
TEL: [phone]
FAX: [phone]

1

STIPULATION

2

The undersigned counsel for the above-named Plaintiffs and Defendants to this action

3

request the Court to confirm and order the following stipulation:

4

1.

That Plaintiffs may amend their complaint to conform to the attached Exhibit A:

5

PLAINTIFFS’ SECOND AMENDED COMPLAINT FOR DAMAGES FOR VIOLATION OF

6

CIVIL RIGHTS (42 U.S.C. § 1983) AND UNDER WASHINGTON STATE LAW: TORTS OF

7

WRONGFUL DEATH (RCW 4.20.020) & SURVIVAL ACTION (RCW 4.20.0600,

8

NEGLIGENCE, NEGLIGENT TRAINING AND TORT OF AND OUTRAGE (Second Amended

9

Complaint).

10
11

2.

That the Second Amended Complaint removes as parties John Urquhart, Dow

Constantine, and the King County Sheriff’s Office.

12

3.

That Cesar Molina’s name is corrected from “Caesar” to its proper form “Cesar.”

13

4.

That paragraph 52 of the Second Amended Complaint adds the words: “(for

14

example a physical take down)”.

15

5.

The word “decent” is replaced with the correct word “descent” in paragraph 92.

16

6.

The word “plaintiff” is added to paragraph 110 for clarity.

17

7.

The words “loss of the respect of the Vietnamese community, and extreme shame

18
19
20
21
22
23

from these alleged actions of an armed Tommy Le” are added to paragraph 111.
8.

Paragraph 119 is deleted leaving a place holder “X” to maintain the same

numbering sequence of following paragraphs.
9.

New paragraphs 125 and 126 are added by Plaintiffs regarding the allegations of

“shame,” and “loss of honor.”
STIPULATION AND ORDER TO AMEND
COMPLAINT – 2

NO. 2:cv-18-00055

CAMPICHE ARNOLD, PLLC
Market Place Tower
1201 Third Avenue
Suite 3810
Seattle, WA 98101
TEL: [phone]
FAX: [phone]

1
2

10.

The words “all material times hereto” replaces the phrase “the time of shooting of

Tommy Le” in paragraph 128.

3

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

4

DATED this 22nd day of May, 2018.
By: s/ Philip G. Arnold___________
Philip G. Arnold, WSBA No. 2675
CAMPICHE ARNOLD PLLC
Attorneys for Plaintiffs
1201 Third Avenue, Suite 3810
Seattle, WA 98104
206.281.9000
Emails:
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]

5
6
7
8
9
10
11
12
13
14

DATED this 22nd day of May, 2018.

15
By: s/ Richard Anderson__________
Richard Anderson, WSBA No. 25115
Senior Deputy Prosecuting Attorney
King County Prosecuting Attorney’s Office
Attorneys for King County
500 Fourth Avenue, 9th Floor
Seattle, WA 98104
206.296.8829
Emails:
[e-mail]
[e-mail]
[e-mail]

16
17
18
19
20
21
22
23

STIPULATION AND ORDER TO AMEND
COMPLAINT – 3

NO. 2:cv-18-00055

CAMPICHE ARNOLD, PLLC
Market Place Tower
1201 Third Avenue
Suite 3810
Seattle, WA 98101
TEL: [phone]
FAX: [phone]

1
2

DATED this 22nd day of May, 2018.

3
By: s/ Timothy Gosselin__________
Timothy R. Gosselin
Gosselin Law Office, PLLC
Attorney for Officer Cesar Molina
1901 Jefferson Avenue, Suite 304
Tacoma, WA 98402
253.627.0684
Email: [e-mail]

4
5
6
7
8
9
10

ORDER
Pursuant to the stipulation of the parties, docket no. 25, Plaintiffs are granted

11

leave to amend their complaint. Plaintiffs shall electronically file their Second Amended

12

Complaint within seven (7) days of the date of this Order.

13

IT IS SO ORDERED.

14

Dated this 29th day of May, 2018.

15

A

16

Thomas S. Zilly
United States District Judge

17
18
19
20
21
22
23

STIPULATION AND ORDER TO AMEND
COMPLAINT – 4

NO. 2:cv-18-00055

CAMPICHE ARNOLD, PLLC
Market Place Tower
1201 Third Avenue
Suite 3810
Seattle, WA 98101
TEL: [phone]
FAX: [phone]