Emmanuel et al v. King County et al

Filing 55

ORDER re parties' 54 Joint Stipulated Motion to File Second Amended Complaint. Pursuant to Local Civil Rule 15, Plaintiff shall file and serve the amended pleading on all parties within fourteen (14) days of the filing of the Order. Signed by Judge James L. Robart. (PM)

Case 2:18-cv-00377-JLR Document 54 Filed 05/12/20 Page 1 of 4
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The Honorable James L. Robart

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UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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RICHARD HOMCHICK, as individual,
Plaintiff,

No. C18-00377-JLR
JOINT STIPULATION TO FILE
SECOND AMENDED COMPLAINT

v.
KING COUNTY, a home rule charter county and
municipal corporation doing business as KING
COUNTY SHERIFF’S OFFICE and the KING
COUNTY PROSECUTING ATTORNEY’S
OFFICE; JOHN URQUHART, individually and
in his official capacity as King County Sheriff;
DANIEL SATTERBERG, individually and in
his official capacity as King County Prosecutor;
and JOHN DOES 1-10,

Noted for Consideration for:
May 12, 2020

Defendants.

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STIPULATION

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Pursuant to Fed. R. Civ. P. 15(a)(2), Local Civil Rule 15, and Local Civil Rule 7(d),

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the parties, by and through their counsel of record, hereby stipulate to entry of the proposed

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Order set forth below, granting Plaintiff leave to file a Second Amended Complaint in the

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form attached as Exhibit A hereto. In support of this request, the parties submit as follows:

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1.

The original complaint in this matter was filed on March 12, 2018. Dkt. #1.

Plaintiff filed his First Amended Complaint on March 20, 2018. Dkt. #10. The case was

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JOINT STIPULATION TO FILE SECOND AMENDED
COMPLAINT – Page 1

BAILEY DUQUETTE P.C.
500 UNION STREET, SUITE 800
SEATTLE, WASHI NGTON 98101
T 206.225.2250 | F 866.233.5869

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thereafter stayed for several months pending resolution of then-pending criminal cases of

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former co-plaintiffs, Charles Peters and Keith Emmanuel. Subsequently, former plaintiffs

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Peters and Emmanuel voluntarily dismissed their action. In addition, former defendants City

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of Bellevue and Chief Steven Mylett were voluntarily dismissed from this action.

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2.

On August 9, 2019, the Court granted the parties’ Stipulated Motion to

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Continue Trial Date and Extend Existing Pre-trial Deadlines. Dkt. #52. On August 13, 2019,

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the Court issued a new case schedule that set a deadline for amended pleadings for June 3,

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2020. Dkt. #53.

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3.

In accordance with the case schedule, Plaintiff seeks to amend his pleading in

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the form attached as Exhibit A. Pursuant to Local Civil Rule 15, Plaintiff has attached as

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Exhibit B a redlined copy of the proposed amended pleading indicating how it differs from

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the First Amended Complaint. The proposed amended pleading does not alter the claims of

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the current operative complaint. Rather, it adds details and further context for the factual

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allegations in support of the existing claims, as well as amends the caption to reflect the

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correct current parties.

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4.

Plaintiff has conferred with Defendants concerning the proposed amendment,

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and Defendants have indicated that they do not oppose the filing of the Second Amended

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Complaint. By agreeing to this stipulation, Defendants in no way endorse the Second

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Amended Complaint or agree to its factual accuracy.

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permitting the amendment without a motion will speed resolution of this case.

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5.

Defendants merely agree that

Based on the foregoing, Plaintiff respectfully requests that the Court grant

Plaintiff leave to file the Second Amended Complaint in the form attached as Exhibit A.

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JOINT STIPULATION TO FILE SECOND AMENDED
COMPLAINT – Page 2

BAILEY DUQUETTE P.C.
500 UNION STREET, SUITE 800
SEATTLE, WASHI NGTON 98101
T 206.225.2250 | F 866.233.5869

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ORDER
IT IS SO ORDERED. Pursuant to Local Civil Rule 15, Plaintiff shall file and serve
the amended pleading on all parties within fourteen (14) days of the filing of the Order.

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DATED this __13th___ day of ____May_________, 2020.

A

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_______________________________
JAMES L. ROBART
United States District Judge

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Respectfully Submitted:
BAILEY DUQUETTE P.C.
Counsel for Plaintiff
By: /s/ Hozaifa Y. Cassubhai
Hozaifa Y. Cassubhai, WSBA #39512
500 Union Street, Suite 800
Seattle, Washington 98101
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
Approved as to Form:
KING COUNTY PROSECUTING ATTORNEY’S OFFICE
Counsel for Defendants
By: /s David Hackett
David Hackett, WSBA #21236
Amy Montgomery, WSBA #32068
900 King County Administration Building
500 Fourth Avenue
Seattle, Washington 98104
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]

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JOINT STIPULATION TO FILE SECOND AMENDED
COMPLAINT – Page 3

BAILEY DUQUETTE P.C.
500 UNION STREET, SUITE 800
SEATTLE, WASHI NGTON 98101
T 206.225.2250 | F 866.233.5869