Tucson et al v. City of Seattle et al

Filing 137

AGREED PRETRIAL ORDER. Signed by Judge Marsha J. Pechman. (KRA)

Honorable Marsha J. Pechman

1
2
3
4
5
6

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON AT SEATTLE

7
8
9
10
11
12
13
14

DEREK TUCSON, ROBIN SNYDER,
MONSIEREE DE CASTRO, and ERIK
MOYA-DELGADO,

No. 2:23-cv-00017-MJP
AGREED PRETRIAL ORDER

Plaintiffs,
v.
CITY OF SEATTLE, ALEXANDER
PATTON, DYLAN NELSON, RYAN
KENNARD, and MICHELE LETIZIA,
Defendants.

15
16

JURISDICTION

17
18

This Court has Jurisdiction pursuant to 28 U.S.C. § 1331.

19
20
21
22
23

CLAIMS AND DEFENSES
Plaintiffs will pursue at trial the following claims:
1. Violation of the First Amendment – Retaliatory Arrest – Defendants Letizia,
Patton, and Nelson.
Derek Tucson against Michele Letizia and Alexander Patton.
Robin Snyder against Michele Letizia and Dylan Nelson.
Monsieree DeCastro against Michele Letizia and Dylan Nelson.
Erik Moya-Delgado against Michele Letizia.

24
25
26
27

AGREED PRETRIAL ORDER - 1
No. 2:23-cv-00017-MJP

MACDONALD HOAGUE & BAYLESS
705 Second Avenue, Suite 1500
Seattle, Washington 98104
Tel [phone] Fax [phone]

1

2. Violation of the First Amendment – Retaliatory Booking – Defendants Kennard,

2

Patton, and Nelson.

3

Derek Tucson against Ryan Kennard, Dylan Nelson, and Alexander
Patton.
Robin Snyder against Ryan Kennard, and Alexander Patton.
Monsieree DeCastro against Ryan Kennard and Alexander Patton.
Erik Moya-Delgado against Ryan Kennard, Dylan Nelson, and Alexander
Patton.

4
5
6
7

3. Violation of the First Amendment – Monell Claims against City of Seattle for

8
9

Retaliatory Booking.

10

4. Violation of the First Amendment – As Applied Challenge (injunctive relief).

11

ADMITTED FACTS

12

1.

13
14

charcoal writing on a wall January 1, 2021.
2.

15
16

Seattle Police Department (SPD) officers arrested all four Plaintiffs for chalk or

Seattle Police Department (SPD) officers transported all four Plaintiffs to King

County Jail for booking.

17

ISSUES OF LAW—PLAINTIFF

18
19
20

1.

Plaintiffs’ chalk writing in the public forum.
2.

21
22

3.

27

Whether Defendants’ enforcement of SMC 12A.08.020.A.2 against political

chalking in the public should be enjoined.

25
26

Whether SMC 12A.08.020.A.2 violates the Fourteenth Amendment as applied to

Plaintiffs’ chalk writing in the public forum.

23
24

Whether SMC 12A.08.020.A.2 violates the First Amendment as applied to

4.

Motions in limine – the Court will be called on to resolve disputed motions in

limine.

AGREED PRETRIAL ORDER - 2
No. 2:23-cv-00017-MJP

MACDONALD HOAGUE & BAYLESS
705 Second Avenue, Suite 1500
Seattle, Washington 98104
Tel [phone] Fax [phone]

1
2

5.

Jury instructions – the parties may have legal disputes relating to to jury

instructions.

3
4
5
6
7

ISSUES OF LAW—DEFENDANT
1. Whether plaintiffs present sufficient evidence to support a jury verdict on their claims.
2. Whether defendants present sufficient evidence to support a jury verdict on their
affirmative defenses.

8

3. Evidentiary issues presented by the parties, including motions in limine.

9

4. The jury instructions, verdict form, and special interrogatories.

10
11
12
13
14
15

WITNESSES
The names and addresses of witnesses, other than experts, to be used at the time of trial
and the general nature of the testimony of each are:
Plaintiffs’ Witnesses – Will Testify:
•

Derek Tucson. Contact c/o Plaintiffs’ counsel. Mr. Tucson will testify regarding

16

the circumstances of his arrest and booking into jail by SPD on January 1, 2021; the damages

17

suffered therefrom, including emotional harm; other incidents of actual and planned chalking and

18
19
20
21
22

political speech; the chilling effect on his speech as a result of his arrest and the City’s related
policies and practices; the emotional harm and damages suffered as a result of the arrest and
booking; and the authentication of various documents.
•

Robin Snyder. Contact c/o Plaintiffs’ counsel. Ms. Snyder will testify regarding

23

the circumstances of her arrest and booking into jail by SPD on January 1, 2021; the damages

24

suffered therefrom, including emotional harm; other incidents of actual and planned chalking and

25

political speech; the chilling effect on her speech as a result of his arrest and the City’s related

26
27
AGREED PRETRIAL ORDER - 3
No. 2:23-cv-00017-MJP

MACDONALD HOAGUE & BAYLESS
705 Second Avenue, Suite 1500
Seattle, Washington 98104
Tel [phone] Fax [phone]

1

policies and practices; the emotional harm and damages suffered as a result of the arrest and

2

booking; and the authentication of various documents.

3
4
5
6

•

Monsieree De Castro. Contact c/o Plaintiffs’ counsel. Ms. De Castro will testify

regarding the circumstances of her arrest and booking into jail by SPD on January 1, 2021; the
damages suffered therefrom, including emotional harm; other incidents of actual and planned

7

chalking and political speech; the chilling effect on her speech as a result of his arrest and the

8

City’s related policies and practices; the emotional harm and damages suffered as a result of the

9

arrest and booking; and the authentication of various documents.

10
11
12
13

•

Erik Moya-Delgado. Contact c/o Plaintiffs’ counsel. Mr. Moya-Delgado will

testify regarding the circumstances of his arrest and booking into jail by SPD on January 1, 2021;
the damages suffered therefrom, including emotional harm; other incidents of actual and planned

14

chalking and political speech; the chilling effect on his speech as a result of his arrest and the

15

City’s related policies and practices; the emotional harm and damages suffered as a result of the

16

arrest and booking; and the authentication of various documents.

17
18
19
20
21

•

Caedmon Cahill. Contact c/o Defendants’ counsel. Ms. Cahill will testify

regarding her role as a Policy Advisor for the City of Seattle during 2020 and 2021; COVID-19
booking restrictions; her investigation into the City bookings of protestors in violation of the
COVID-19 booking restrictions; her efforts to bring these violations to the attention of SPD and

22

the City of Seattle Mayor’s Office; the nature of the response she received from SPD and the

23

Mayor’s office; and the City’s policies and practices with regard to booking into King County

24

Jail during 2020 and 2021.

25
26
27

•

Michele Letizia. Contact c/o Defendants’ counsel. Officer Letizia is expected to

testify about the facts and circumstances of the arrests of Plaintiffs; his observations of Plaintiffs

AGREED PRETRIAL ORDER - 4
No. 2:23-cv-00017-MJP

MACDONALD HOAGUE & BAYLESS
705 Second Avenue, Suite 1500
Seattle, Washington 98104
Tel [phone] Fax [phone]

1

through a security camera prior to and during the arrests; his communications with other officers

2

regarding the same; the reason for the arrests; and the culture within the East Precinct as of

3
4
5
6

January 2021; and the City’s policy and practice with respect to chalk writing; the exercise of his
discretion in making arrest and booking decisions.
•

Jamison Maehler. Contact c/o Defendants’ counsel. Officer Maehler is expected

7

to testify about the facts and circumstances of the arrests of Plaintiffs; the reason for the arrests

8

and booking of Plaintiffs; the culture within the East Precinct as of January 2021; the East

9

Precinct break room or bike room; the presence of certain political materials within that room;

10
11
12
13
14

the presence of Chief of Police Carmen Best within that room; and the City’s policy and practice
with respect to chalk writing; the exercise of his discretion in making arrest and booking
decisions.
•

Ryan Kennard. Contact c/o Defendants’ counsel. Sgt. Kennard is expected to

15

testify about the facts and circumstances of the arrests of Plaintiffs; the reason for the arrests and

16

booking of Plaintiffs; the booking policies and practices at SPD as of January 2021; the culture

17

within the East Precinct as of January 2021; and the City’s policy and practice with respect to

18
19
20
21

chalk writing; the exercise of his discretion in making arrest and booking decisions.
•

Dylan Nelson. Contact c/o Defendants’ counsel. Officer Nelson is expected to

testify about the facts and circumstances of the arrests of Plaintiffs; the reason for the arrests and

22

booking of Plaintiffs; the culture within the East Precinct as of January 2021; the booking and

23

arrest policies in place at SPD and the East Precinct as of January 2021; and the City’s policy

24

and practice with respect to chalk writing; the exercise of his discretion in making arrest and

25

booking decisions.

26
27
AGREED PRETRIAL ORDER - 5
No. 2:23-cv-00017-MJP

MACDONALD HOAGUE & BAYLESS
705 Second Avenue, Suite 1500
Seattle, Washington 98104
Tel [phone] Fax [phone]

1
2
3
4
5
6
7
8
9
10
11
12
13

•

Alexander Patton. Contact c/o Defendants’ counsel. Officer Patton may testify

about the facts and circumstances of the arrests of Plaintiffs; the reason for the arrests and
booking of Plaintiffs; the culture within the East Precinct as of January 2021; the booking and
arrest policies in place at SPD and the East Precinct as of January 2021; and the City’s policy
and practice with respect to chalk writing; the exercise of his discretion in making arrest and
booking decisions.
•

Daniel Clark. 206-466-8396. Mr. Clark is expected to testify about the

authentication of certain exhibits relating to incidents of arrest or threatened arrest for political
chalking.
•

Ryan Barrett. Contact c/o Defendants’ counsel. Officer Barrett may testify about

the facts and circumstances of the arrests of Plaintiffs; the reason for the arrests and booking of

14

Plaintiffs; the culture within the East Precinct as of January 2021; the booking and arrest policies

15

in place at SPD and the East Precinct as of January 2021; access to the precinct’s bike/break

16

room containing improper political materials; the City’s policy and practice with respect to chalk

17
18
19
20
21
22
23
24

writing; the exercise of his discretion in making arrest and booking decisions.
Defendants’ Witnesses – Will Testify:
Captain Jung Trinh.
c/o Kerala Cowart, Assistant City Attorney
Seattle City Attorney’s Office
701 Fifth Avenue, Suite 2050
Seattle, WA 98104-7095
In addition to the witnesses identified by Plaintiffs, the Defendants will call Captain
Jung Trinh. Contact c/o Defendants’ counsel. Captain Trinh will corroborate the officer defendants'

25

testimony about their reasons for addressing property crime around the East Precinct. As watch

26

commander at the time, he has a big picture perspective on how precinct operations such as 911

27

response were regularly disrupted that fall and winter by people committing misdemeanor crimes.
AGREED PRETRIAL ORDER - 6
No. 2:23-cv-00017-MJP

MACDONALD HOAGUE & BAYLESS
705 Second Avenue, Suite 1500
Seattle, Washington 98104
Tel [phone] Fax [phone]

1

These misdemeanors included intentionally blocking officers’ vehicles, throwing bags of garbage, and

2

breaking the sally port card reader. In addition, Captain Trinh will testify about booking practices as

3

related to Plaintiffs' Monell claims.

4

Ofc. Mia Nguyen
c/o Kerala Cowart, Assistant City Attorney
Seattle City Attorney’s Office
701 Fifth Avenue, Suite 2050
Seattle, WA 98104-7095

5
6
7

Defendants will call Ofc. Nguyen. She was the arresting officer for Plaintiff Moya-

8
9

Delgado and she will testify as to her observations of the facts and circumstances of his arrest.

10

In addition, she participated when Plaintiffs Snyder and DeCastro were processed in the

11

holding cell and transported to King County jail and she will testify as to her observations of

12

those events.

13
14
15

Defendants received Plaintiffs’ narrowed list of deposition designations on June 3.
Plaintiffs intend to present deposition testimony in lieu of live testimony for three witnesses

16

who plaintiffs do not also plan to call as live witnesses. Defendants are evaluating whether or

17

not they will call any of these witnesses to respond to the designated deposition excerpts and

18

will notify Plaintiffs and the Court as soon as possible of their decision.

19

PLAINTIFFS’ TRIAL EXHIBITS

20
21
22
23

Plaintiffs identify the following trial exhibits, which they intend to present to the jury in
electronic format:
Ex. #

Description

26
27

Admissibility

Objection

Admitted

INCIDENT PHOTOS AND STILLS

24
25

Authenticity

1

Photos of chalk writing (PL000057, CITY_000417,
CITY_000421, CITY_000422,
CITY_000423, CITY_000424)
AGREED PRETRIAL ORDER - 7
No. 2:23-cv-00017-MJP

None

MACDONALD HOAGUE & BAYLESS
705 Second Avenue, Suite 1500
Seattle, Washington 98104
Tel [phone] Fax [phone]

1
2
3

Ex. #

Description

2

Screen shot of Trump Flag in East
Precinct (still from Dkt. 81-5,
CITY_000912)

MIL, 401,
402, 403

3

Screen shot of tombstone in East
Precinct (Dkt. 81-6, CITY_000912)

MIL, 401,
402, 403

4

Still showing police presence (from
PL_000164)

None

5

Still showing police presence,
(from CITY_000879)

None

4
5
6
7
8
9
10
11
12
13

Arrest reports (CITY_000461- 463,
496-498, 491--493, 465-467)

None

7

Booking receipts (CITY_000473,
476, 479, 488)

None

8

Kennard screening report and
screening forms (CITY_000457,
CITY_000499-506)

None

9

Barrett property inventory
(CITY_000459)

None

10

Nelson statement (CITY_000474475)

None

11

Nelson inventory of livestream
video (CITY_000477-478)

None

12

Patton statement (CITY_000480481)

None

13

Letizia statement (CITY_000494)

None

14

Booking verifications
Stipulate
(CITY_000507, 508, 509, 510, 511) to admit
exhibit
with

REDACT
PII; NONE

18
19
20
21
22
23
24
25
26
27

Objection

6

16
17

Admissibility

Admitted

ARREST AND BOOKING DOCUMENTATION

14
15

Authenticity

AGREED PRETRIAL ORDER - 8
No. 2:23-cv-00017-MJP

MACDONALD HOAGUE & BAYLESS
705 Second Avenue, Suite 1500
Seattle, Washington 98104
Tel [phone] Fax [phone]

1

Ex. #

Description

Authenticity

2

4
5
6
7
15

Incident report and cover sheet
(CITY_000489-490, 482-485)

None

16

CAD Report, CITY_000518-527

REDACT
PII; NONE

9
10
11
17

Security camera video,
OutsideEntranceView,
CITY_000878

None

18

Security camera video
OutsideAlley pt. 1 (Dkt. 81-2,
CITY_000879)

None

19

Security camera video
OutsideAlley pt. 2 (Dkt. 81-2,
CITY_000880)

None

20

Officer Jordon Body Worn Camera
video (Dkt. 81-16, CITY_000922,
Axon Body 3 Video 2021-01-01
2233)

401, 402,
802 (unless
specific
clips
identified)

21

Officer Patton Body Worn Camera
video (Dkt. 96-4, CITY_000921,
Axon Body 3 Video 2021-01-01
2233)

MIL, 403
until 00:20.
Otherwise
None

22

Officer Gregory Body Worn
Camera (Axon Body 3 Video 2021-

401, 402,
802 (unless
specific

14
15
16
17
18
19
20
21
22
23
24
25
26
27

Admitted

INCIDENT VIDEOS

12
13

Objection

summary
narrative
descriptio
n, to avoid
need to
offer
witness to
authentica
te?

3

8

Admissibility

AGREED PRETRIAL ORDER - 9
No. 2:23-cv-00017-MJP

MACDONALD HOAGUE & BAYLESS
705 Second Avenue, Suite 1500
Seattle, Washington 98104
Tel [phone] Fax [phone]

1

Ex. #

2

Officer Barrett Body Worn Camera
(produced by defense 5/21/24)
(Axon_Body_3_Video_2021-0101_2235)

None

24

Officer Nguyen Body Worn
Camera, CITY_000916, Axon
Body 3 Video 2021-01-01 2237

401, 402,
802 (unless
specific
clips
identified)

25

Officer Nelson Body Worn Camera
video (Dkt. 81-17, CITY_000914,
Axon Body 3 Video 2021-01-01
2237)

None

26

Maehler Body Worn Camera video
(Dkt. 81-5, CITY_000912, Axon
Body 3 Video 2021-01-01 2249)

MIL 401,
402, 802
(unless
specific
clips
identified)

27

Officer Gregory Body Worn
Camera, (CITY_000909, Axon
Body 3 Video 2021-01-01 2249),
shove of Moya Delgado

MIL, 401,
402, 403
802

28

Officer Barrett Body Worn Camera
video (Dkt. 96-2, CITY_000910,
Axon Body 3 Video 2021-01-01
2249)

401, 402,
802 (unless
specific
clips
identified)

29

Officer Nelson Body Worn Camera
video (Dkt. 96-3, CITY_000911,
Axon Body 3 Video 2021-01-01
2249)

None

30

Officer Barrett Body Worn Camera
video (Dkt. 96-1, CITY_000904,

401, 402,
802 (unless

8
9

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27

Objection

23

6

10

Admissibility

clips
identified)

5

7

Authenticity

01-01 2233, CITY_000920) (arrest
of DT, with shove)

3
4

Description

AGREED PRETRIAL ORDER - 10
No. 2:23-cv-00017-MJP

Admitted

MACDONALD HOAGUE & BAYLESS
705 Second Avenue, Suite 1500
Seattle, Washington 98104
Tel [phone] Fax [phone]

1

Ex. #

2

5

Authenticity

Admissibility

specific
clips
identified)

31

Officer Gregory Body Worn
Camera, CITY_000901, Axon
Body 3 Video 2021-01-01 2259

401, 402,
802 (unless
specific
clips
identified)

32

Officer Barrett Body Worn Camera
video, (CITY_000899, Axon Body
3 Video 2021-01-01 2301)

None

33

Officer Gregory Body Worn
Camera video (Dkt. 96-6,
CITY_000891, Axon Body 3 Video
2021-01-01 2330)

None

34

ICV -- Snyder and De Castro -CITY_000889, AXON Fleet 2 IR
Video 2021-01-01 2333

None

35

ICV – Tucson and Moya Delgado –
CITY_000882, 2021736_ICV_8596@20210101233325.
mpg

Duplicates
Ex 34

36

Livestream video, Dkt. 96-5,
PL_000164

No
Objection to
0:00-4:45,
15:1716:40, or
22:03-23:00

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22

24
25

27

Admitted

401, 402,
403, 802 to
remainder
of Exhibit

23

26

Objection

Axon_Body_3_Video_2021-0101_2255-3)

3
4

Description

BOOKING POLICY DOCUMENTS
37

Diaz booking memo, (Dkt. 96-7,
CITY_000768-769)

AGREED PRETRIAL ORDER - 11
No. 2:23-cv-00017-MJP

None

MACDONALD HOAGUE & BAYLESS
705 Second Avenue, Suite 1500
Seattle, Washington 98104
Tel [phone] Fax [phone]

1
2
3
4

Ex. #

Description

38

SPD email re: booking, Mar. 24,
2020, CITY_000770

None

39

May 20, 2020 email “remove
booking restrictions,”
CITY_012315

403, 802,
805

40

June 5, 2020 Bushaw email, Dkt.
98-8, PL-000524

41

June 2020 Notes re: booking
restrictions, CITY_005163

401, 402,
802

42

July 6, 2020 email re: bookings,
CITY_004513-4517

401, 402,
403, 602,
802

43

Oct. 6, 2020 email from Cahill,
CITY_004464-66

401, 402,
403, 802

44

Oct. 8, 2020 Caedmon Cahill email
(Dkt. 96-11, CITY_004435-4436)

401, 402,
403, 802

45

October 22nd, 2020 Cahill emails.
CITY_004484-4487

401, 402,
403, 802

46

Nov. 16, 2020 JAG organizing
email, CITY_002294-2296

401, 402,
802

47

Dec. 2 2020 JAG meeting invite,
CITY_010329-330

401, 402

48

Dec. 16 2020 JAG meeting invite,
CITY_010744-45

401, 402

49

Dec. 16 2020 JAG agenda re:
booking restrictions, CITY_012198

401, 402

50

Dec. 21, 2020 email to Kline re:
booking restrictions,
CITY_012266-7

401, 402,
802

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27

AGREED PRETRIAL ORDER - 12
No. 2:23-cv-00017-MJP

Authenticity

Object

Admissibility

Objection

Admitted

401, 402,
403, 602,
802

MACDONALD HOAGUE & BAYLESS
705 Second Avenue, Suite 1500
Seattle, Washington 98104
Tel [phone] Fax [phone]

1
2
3

Ex. #

Description

Authenticity

51

Jan. 6, 2021 email re: booking
restrictions, CITY_012333-34

401, 402,
403, 602,
802

52

Jan 6, 2021 email to Julie Kline re
booking restrictions,
CITY_012282-83

401, 402,
403, 602,
802

53

Jan. 6, 2021 JAG emails and
agenda, CITY_009500-503

401, 402,
403, 602,
802

54

Jan. 13, 2021 Caedmon Cahill
email (Dkt. 96-12, CITY_01223739)

401, 402,
403, 802

55

Jan. 20, 2021, Emails with
Assistant Chief Mahaffey,
CITY_012302-05

401, 402,
403, 802
(scheduling
parts ok)

56

Email re: Keith Swank working
group participation, CITY_01199596

401, 402,
403, 802

57

Julie Kline JAG text messages re
May 2021 JAG meeting,
CITY_004610 et seq.

401, 402,
403, 802

58

Meeting invite for May 2021 JAG
meeting CITY-010435-36

401, 402

59

SPD Manual, Section 6.010 (Dkt.
96-31)

401, 402
(not in
effect on
Jan 2021)

60

Protest Bookings Spreadsheet,
CITY_005092

401, 402,
403, 602

61

KOMO Diaz clip, Dep. Exhibit 10

4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
AGREED PRETRIAL ORDER - 13
No. 2:23-cv-00017-MJP

Object

Admissibility

Objection

Admitted

401, 402,
403, 802,
901
MACDONALD HOAGUE & BAYLESS
705 Second Avenue, Suite 1500
Seattle, Washington 98104
Tel [phone] Fax [phone]

1
2
3

Ex. #

Description

Authenticity

62

Evidence Item Scan (Override
article) CITY_000403

Object

Admissibility

4

Objection

401, 402,
403, 802,
901

CHALKING POLICY AND PRACTICE

5
6

63

Chalking photo, PL-000001

Object

7

64

Chalking photo, PL-000002

Object

65

Daniel Clark video of officer
chalking, Dkt. 79-1, PL-000581.

Object

None

66

Screenshot from Clark video, from
PL-000581

Object

None

67

City of Seattle webpage regarding
chalk Dkt. 96-10

None

68

SPD Twitter post regarding chalk,
PL-00008

None

69

Tire chalking video (March), Dkt.
108-1, PL-000815

401, 402,
403

70

Second video of tire chalking
(April), PL-000816

401, 402,
403

71

Photo of tire chalking, PL-000817

401, 402,
403

72

Tire chalking photo, PL-000519

401, 402,
403

73

Tire chalking photo, PL-000007.

401, 402,
403

74

Video of Lt. Brooks chalking arrest
warning, Dkt. 38-1, PL-000165

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25

Admitted

Object

403

26
27
AGREED PRETRIAL ORDER - 14
No. 2:23-cv-00017-MJP

MACDONALD HOAGUE & BAYLESS
705 Second Avenue, Suite 1500
Seattle, Washington 98104
Tel [phone] Fax [phone]

1
2
3

Ex. #

Description

Authenticity

75

KOMO video of chalking, PL000046.

object

76

Patton body camera of Clark arrest,
CITY_000943

Admissibility

4
5
6

9
10
11
12
13

16

401, 402,
403

RCW 42.52.180 – Use of public
resources

MIL, 401,
402, 403

78

SMC 4.16.070 – Code of Ethics

MIL, 401,
402, 403

79

SPD Policy 5.060 – Employee
Political Activity

MIL, 401,
402, 403

80

OPA Case Summary, No.
2021OPA-0013, Dkt. 96-33

MIL, 401,
402, 403,
802

81

Trump Twitter post, Dkt. 96-32

object

MIL, 401,
402, 403,
802, 901

82

Video of barricade construction
(viewed and discussed in Jackson
30(b)(6) Dep.)

object

MIL, 401,
402, 901

83

Spreadsheet with DOT closure
permits, PL-000134

object

401, 402,
403, 602,
802,

84

Barricade complaints, PL-000136,
137, 135

object

401, 402,
403, 602,
802, 901

85

Officer Gregory OPA Interview,
CITY_004703 - CITY_004720

17
18
19
20
21
22
23
24
25
26

401, 402,
403, 602,
901

77

14
15

Admitted

MISCELLANEOUS

7
8

Objection

802

27
AGREED PRETRIAL ORDER - 15
No. 2:23-cv-00017-MJP

MACDONALD HOAGUE & BAYLESS
705 Second Avenue, Suite 1500
Seattle, Washington 98104
Tel [phone] Fax [phone]

1
2
3
4

Ex. #

Description

86

Officer Barrett OPA Interview,
CITY_004721 - CITY_004740

87

Officer Nelson OPA Interview,
CITY_004640 - CITY_004662

401, 402,
403, unless
Plfs identify
excerpts

88

Officer Letizia OPA Interview,
CITY_004683 - CITY_004702

401, 402,
403, unless
Plfs identify
excerpts

89

Officer Nguyen OPA Interview,
CITY_004663 - CITY_004682

802

90

Body Worn Camera showing full
length of barricade wall, Axon
Body 3 Video 2020-12-16 0250,
CITY_000930

401, 402,
403

91

SPD BWC Policy

401, 402;
version not
in effect on
Jan 1, 2021

92

Patton Body Worn Camera showing
Gadsden Flag, Axon Body 3 Video
2020-12-16 0239, CITY_000943

MIL; 401,
402, 403

93

Gadsden flag “SPD Has Tread on
Me” screenshot excerpted from
CITY_000943

MIL; 401,
402, 403

94

Copy of SMC 12A.08.020

MIL

5

Authenticity

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23

26

Admitted

DAMAGES

24
25

Objection

802

6
7

Admissibility

95

Plaintiff De Castro progress notes,
PL-000646-684

object

MIL, FRCP
26(a)(1)(A),
701, 901

27
AGREED PRETRIAL ORDER - 16
No. 2:23-cv-00017-MJP

MACDONALD HOAGUE & BAYLESS
705 Second Avenue, Suite 1500
Seattle, Washington 98104
Tel [phone] Fax [phone]

1
2
3
4
5

Ex. #

Description

96

Plaintiff De Castro invoices,

Admissibility

97

Plaintiff De Castro,
Questionnaire/Intake notes,

object

MIL, FRCP
26(a)(1),
701, 901

object

401, 402,
701, 702,
703, 704,
705, 901,
MIL; FRCP
26(a)(2)(B)

object

401, 402,
701, 702,
703, 704,
705, 901,
MIL; FRCP
26(a)(2)(B)

object

401, 402,
901,
compound
exhibit

PL-000685-694
98

8

Plaintiff De Castro, opinion letter,
PL-000725

9
10
11

99

12

Plaintiff De Castro, Clinician
Administered PTSD Scale,
PL-000695-000724

13
14
15
16

100

De Castro Wage Docs, PL-000730808

17
18
19
20

23

Admitted

SUPPLEMENTAL EXHIBITS
101

Maehler Body Worn Camera video,
CITY_012364

401, 402,
403
(cumulative
)

102

Complete arrest documentation,
CITY_000453-517

401, 402,
802
(document
is too long,
many
irrelevant w/
hearsay, but
many parts

21
22

Objection

PL-000642-645

6
7

Authenticity

24
25
26
27
AGREED PRETRIAL ORDER - 17
No. 2:23-cv-00017-MJP

MACDONALD HOAGUE & BAYLESS
705 Second Avenue, Suite 1500
Seattle, Washington 98104
Tel [phone] Fax [phone]

1

Ex. #

Description

Authenticity

Admissibility

2

Objection

Admitted

are
admissible)

3
4
5
DEFENDANTS’ TRIAL EXHIBITS

6

In addition to those identified by Plaintiffs, the Defendants identify the following trial

7
8

exhibits, which Defendants intend to present to the jury in electronic format:

9
10

Ex. #

Description

11

200

Body Worn Video of Mia
Nguyen, 11:07 pm; Dkt 94,
CITY_000898. Excerpts 11:0911:10, 11:13-15

Agreed

201

SPD General Offense Report
#2021-000736; Dkt 86-16,
CITY_000453.

Withdrawn

202

Captain Sano Email, dated Aug.
10, 2021; Dkt 103-3,
CITY_004742.

Withdrawn

203

Photos, SPD East Precinct, Dkt
111-1, CITY_000419-

Agreed

12
13
14
15

Authenticity

Admissibility

16
17
18
19
20
21
22
23
24
25
26
27

AGREED PRETRIAL ORDER - 18
No. 2:23-cv-00017-MJP

Objection

Admitted

FRE 401,
402, 403,
801, 802.
Plaintiffs
have
included
the
relevant
and
admissibl
e excerpts
of this
packet of
document
s in their
proposed
exhibits.
FRE 401,
402, 403,
407, 801

MACDONALD HOAGUE & BAYLESS
705 Second Avenue, Suite 1500
Seattle, Washington 98104
Tel [phone] Fax [phone]

1

Ex. #

2

Admissibility

204

Video of Plaintiff MoyaDelgado marking wall of East
Precinct building; PL-000162

Agreed

205

Excerpt of In-Car Video,
Plaintiffs Snyder and DeCastro;
CITY_000898. Excerpt 11:3411:39.

Disputed

206

Body Worn Video of Mia
Nguyen, 10:55 pm; Dkt 94,
CITY_000903 (excerpt – 10:5510:58pm)

Agreed

5
6

Authenticity

7
8
9
10
11
12
13
14
15
16
17
18
19
20

Objection

Admitted

CITY_000420, CITY_000422CITY_000427, and PL-000070.

3
4

Description

Document
Defendant
s
produced
as exhibit
is Bates
899.
Object
under
FRE 401,
403.

ORDER OF THE COURT
This case is scheduled for trial before a jury on June 12, 2024, at 9:00 a.m. This order has
been approved by the parties as evidenced by the signatures of their counsel. This order shall
control the subsequent course of the action unless modified by a subsequent order. This order

21

shall not be further amended except by order of the court pursuant to agreement of the parties or

22

to prevent manifest injustice.

23

Dated June 4, 2024.

24

A

25
26

Marsha J. Pechman
United States Senior District Judge

27
AGREED PRETRIAL ORDER - 19
No. 2:23-cv-00017-MJP

MACDONALD HOAGUE & BAYLESS
705 Second Avenue, Suite 1500
Seattle, Washington 98104
Tel [phone] Fax [phone]

As Presented on 28th day of May, 2024 by:

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17

By: MacDONALD HOAGUE & BAYLESS
705 Second Avenue, Suite 1500
Seattle, Washington 98104
Tel [phone] Fax [phone]
_/s/Nathaniel Flack ________
Nathaniel Flack, WSBA #58582
Email: [e-mail]
Braden Pence, WSBA #43495
Email: [e-mail]

By: THE LAW OFFICE OF NEIL FOX
2125 Western Ave Ste 330
Seattle, WA 98121-3573
Tel [phone] Fax [phone]
_/s/Neil Fox_____________
Neil Fox, WSBA #15277
Email: [e-mail]

By:
/s/Kerala Cowart
Kerala Cowart, WSBA# 53649
Joseph D. Everett, WSBA# 38248
Assistant City Attorneys
E-mail: [e-mail]
E-mail: [e-mail]
Seattle City Attorney’s Office
701 Fifth Avenue, Suite 2050
Seattle, WA 98104
Phone: [phone]
Attorneys for Defendant City of Seattle,
Alexander Patton, Dylan Nelson,
Ryan Kennard, and Michele Letizia

18
19
20
21
22
23
24
25
26
27
AGREED PRETRIAL ORDER - 20
No. 2:23-cv-00017-MJP

MACDONALD HOAGUE & BAYLESS
705 Second Avenue, Suite 1500
Seattle, Washington 98104
Tel [phone] Fax [phone]