Martin v. City of Mill Creek, Washington et al

Filing 31

ORDER granting defendants' 25 Motion for Reconsideration; denying as moot defendants' 26 Unopposed Motion to Certify Issues for Interlocutory Appeal; denying as moot defendants' 28 Motion in Limine; directing the Clerk to enter judgment in favor of defendants and against plaintiff. Signed by Judge Robert S. Lasnik. (SWT)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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HERBIE MARTIN,
Plaintiff,

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v.

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CITY OF MILL CREEK, et al.,

NO. C18-0781RSL
ORDER GRANTING
RECONSIDERATION AND
DISMISSING CASE

Defendants.

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On April 10, 2019, the Court granted in part defendants’ motion for summary judgment

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but found that defendants had not met their burden of showing that absolute legislative immunity

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barred plaintiff’s § 1983 claim. Defendants filed a timely motion for reconsideration, arguing

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that the appointment or termination of a member of the legislative body in accordance with state

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law is not an administrative personnel decision but rather a legislative act. Pursuant to LCR

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7(h)(3), plaintiff was given an opportunity to respond to the motion for reconsideration. He has

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not done so.

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Having reviewed defendants’ arguments and the cases cited therein, the motion for

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reconsideration (Dkt. # 25) is hereby GRANTED. Because legislative immunity bars plaintiff’s

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only remaining claim, this case is DISMISSED. Defendants’ unopposed motion to certify issues

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//

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ORDER GRANTING RECONSIDERATION
AND DISMISSING CASE - 1

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for interlocutory appeal (Dkt. #26) is DENIED as moot, as are their motions in limine (Dkt.

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# 28). The Clerk of Court is directed to enter judgment in favor of defendants and against

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plaintiff.

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Dated this 23rd day of May, 2019.

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A

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Robert S. Lasnik
United States District Judge

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ORDER GRANTING RECONSIDERATION
AND DISMISSING CASE - 2