Court cases

Here are the high-profile court cases that the City of Seattle is currently involved in.

 

Uber lawsuits

Uber (Rasier) vs. City of Seattle
  • King County Superior Court case 17-2-00964-4
  • Complaint — Plaintiff’s challenge to city’s rulemaking
  • City’s response
  • Order in favor of city
  • Notice of appeal to Court of Appeals, Division I, case 766783
  • Case stayed pending ruling on a related case
  • Stay lifted 9/24/18
  •  Motion to dismiss 10/19/8
  •  Appeal dismissed 11/30/18
U.S. Chamber of Commerce vs. City of Seattle
  • U.S. District Court case 2:17-cv-00370
  • Complaint
  • Case dismissed without prejudice and related post
  • Re-filed complaint  3/10 and related post
  • Preliminary injunction granted and related post
  • Motion to dismiss by city
  • Motion to dismiss granted 8/1 and related post
  • Appeal to 9th Circuit Court of Appeals   case 17-35640
  • CoC motion for emergency stay, City brief in opposition, CoC reply
  • Emergency injunction granted and related post
  • Permanent injunction granted and related post
  • Chamber of Commerce brief 
  • Amicus brief from DOJ/FTC
  • Amicus brief from trade associations
  • Amicus brief from law professors
  • City’s response brief
  • Oral arguments scheduled for 2/5/18, 9:00am
  • Appeals court opinion, finding partly for the plaintiffs and partly for the city, and remanding the case for further proceedings
  • City of Seattle’s petition for rehearing appeal en banc
  •  Order denying en banc rehearing 9-14-18
  •  District court joint status report 10-26-18
  •  Stipulated order suspending the briefing schedule until the City Council amends the Uber legislation, with a status report by January 15
  • Plaintiffs’ motion for summary judgment 2-15-19
  • Defendant’s response/cross-motion for discovery 3-22-19
  • Plaintiff’s response 4-12-19
  • Defendant’s reply 4-25-19
  • Order granting motion for discovery/renoting motion for summary judgment for November 2019  6-4-19
  • Motion for summary judgment re-noted for February 7, 2020
Uber drivers vs. City of Seattle
  • U.S. District Court case 2:17-cv-00382
  • Complaint and related post
  • City’s motion to dismiss, plaintiffs’ brief in opposition, city’s reply
  • Order granting motion to dismiss
  • Notice of appeal to 9th Circuit Court of Appeals case 17-35693
  • Appeal schedule
  • Uber drivers opening brief
  • City’s response brief
  • Appellant’s reply brief
  • Amicus brief by Pacific Legal Foundation
  • Oral arguments held on  2/5/18, 9:00am (video)
  • Letter to court from appellants citing US Supreme Court Janus decision
  • Response from city re: Janus decision citation
  • Appeals court ruling affirming dismissal as unripe for adjudication

Sanctuary city

City of Seattle vs Trump, et al
  • U.S. District Court case 2:17-cv-00497
  • Complaint filed by City of Seattle and related post
  • Memo by Attorney General interpreting executive order and related posts here and here 
  • Motion to dismiss by US government and related post
  • Response by City of Seattle to motion to dismiss
  • Reply by US Government to city’s response
  • Order denying motion to dismiss
  • Case stayed until similar case in Northern California is resolved
  •  Order and judgment finding for the City of Seattle  10-24-18

Homeless sweeps

ACLU vs City of Seattle
  • U.S. District Court case 2:17-cv-00077
  • Complaint by ACLU and related post
  • ACLU’s motion for a temporary restraining order and related post
  • City’s response to motion for TRO
  • Order denying temporary restraining order and related post
  • motion to certify class
  • Amended complaint
  • City’s response
  • WSDOT’s response
  • Amended complaint #2
  • Motion for preliminary injunction
  • City’s opposition to preliminary injunction
  • Order denying ACLU’s motion to certify a class or plaintiffs and denying temporary restraining order
  • ACLU petition with 9th Circuit court of Appeals for permission to appeal .  Case 17-80214
  • Motion to stay district court case pending appeal
  • Order granting motion to stay case pending appeal
  • Appeal scheduling order. Case 18-35053.
  • Appellant opening brief
  • Amicus curiae brief from Disability Rights Washington
  • Amicus curiae brief from law professors
  • Reply brief from City of Seattle
  • Reply brief from WSDOT
  • Oral argument set for February 4, 2019  video
  • Awaiting ruling

 

Housing/Tenants Regulations

Landlords vs City of Seattle — First in Time Legislation
  • King County Superior Court case 17-2-05595-6
  • Complaint and related post
  • Amended complaint
  • Response by City of Seattle
  • Motion by plaintiffs for summary judgment
  • Order by judge setting case schedule
  • City reply brief and motion for summary judgment
  • Plaintiffs’ response to city brief
  • RHA memo in support of plaintiffs
  • City reply to plaintiffs’ response
  • Hearing scheduled for 2/23/18.
  • Summary judgment in favor of plaintiffs and city’s notice of appeal directly to state Supreme Court.
  • Supreme Court accepted direct review, Case 95813-1
  • Appellant’s opening brief 
  • Respondent’s brief
  •  Appellant’s reply brief
  • Oral arguments heard 6-11-19, awaiting ruling
RHA vs City of Seattle
  • King County Superior Court case 17-2-13662-0
  • Complaint
  • City’s motion to reassign case to same judge as landlords case above
  • RHA’s objection to reassigning the case
  • Judge’s order denying reassignment
  •  Order granting summary judgment to City of Seattle  9/20/18
  •  Notice of appeal to Court of Appeals, Division I  10/16/18  Case 79093-5
  •  Voluntary motion to dismiss 12/12/18
  • Appeal dismissed 12/21/18
Rentberry vs. City of Seattle — rent-bidding web sites
  • U.S. District Court case 2:18-cv-743
  • Complaint 
  • City’s answer to complaint 6/25/18
  • Plaintiff’s motion for preliminary injunction  6/25/18
  • Plaintiff’s motion for preliminary injunction terminated on 7/27/18, in favor of a mutually agreed schedule for cross-motions for summary judgment.
  • Plaintiffs’ motion for summary judgment
  • City’s cross-motion for summary judgment
  •  City’s reply
  • Plaintiffs’ response
  • Notice to Court that Yim “first in time” case has been accepted by the state Supreme Court
  • Order granting City’s motion for summary judgment, dismissing the case.
  • Notice of appeal to the 9th circuit by Rentberry, case # 19-35308
  • Opening brief due 8-16-19
Fair Chance Housing — Yim, Rental Housing Association vs. City of Seattle
  • Originally filed in King County Superior Court (18-2-11073-4), removed to US District Court case 2:18-cv-736
  • Complaint
  • Answer to complaint
  • Proposed order setting accelerated schedule for motions for summary judgement.
  • Order establishing case schedule. Stipulated record due August 31, plaintiffs’ motion for summary judgment due September 28, city’s response and cross-motion due October 26.
  •  motion to intervene by Tenants Union and Pioneer Human Services
  • Order denying motion to intervene
  •  Plaintiffs’ motion fo summary judgment 9-28-18
  •  City cross-motion for summary judgment 10-26-18
  •  Amicus brief by Tenants Union and Pioneer Human Services
  •  Amicus brief by Korematsu Center
  • City motion to certify question to state Supreme Court 1-11-19
  • Order certifying question to state Supreme Court 2-5-19
  • State Supreme Court case 96817-9
  • Appellant’s opening brief
  • Appellee’s response brief
  • Appellant’s reply brief
  • Oral argument heard 6-11-19, awaiting decision

Initiative 124 — Protections for Hotel Workers

American Hotel and Lodging Association, Seattle Hotel Association and Washington Hospitality Association vs. City of Seattle
  • King County Superior Court case 16-2-30233-5
  • Complaint
  • Motions for summary judgment by plaintiffs and defendant
  • Ruling in favor of City of Seattle (related post)
  • Appeal by plaintiff directly to State Supreme Court, case  947279.
  • Denial of direct appeal to Supreme Court; case sent to Court of Appeals
  • Court of Appeals case 779184
  • Opening brief
  • Response brief by City of Seattle
  • Response brief by Unite Here Local 8 and Seattle Protects Women
  • Reply brief
  • Oral argument heard 11/8/18, awaiting decision
  •  Ruling finding that Initiative 124 is unconstitutional in that it violated the “single subject” rule.
  • Appealed to the state Supreme Court, case 96781-4
  • Appellant’s opening brief
  • Appellee’s response brief
  • Appellant’s reply brief
  • Supreme Court agreed to hear the case, oral arguments scheduled for 9-17-19

 

Democracy Vouchers

Elster vs. City of Seattle
  • King County Superior Court case 17-2-16501-8
  • Complaint (related post)
  • Motion to dismiss by city
  • Order granting motion to dismiss
  • Plaintiffs’ motion for reconsideration and judge’s denial
  • Notice of appeal
  • Court of Appeals Division I case 778803
  • Opening brief
  • Response brief by City of Seattle
  • Reply brief 
  • Amicus brief by Freedom Foundation and response by City of Seattle
  • Amicus brief by Common Cause, Campaign Legal Center, and the Brennan Center
  • Amicus brief by Washington CAN! et al
  • Response brief by appellants to amicus briefs in in support of city
  •  Appeals court certified the issue directly to the state Supreme Court
  • State Supreme Court accepts case, Case # 96660-5
  • Oral argument scheduled for May 14
  • Appellant’s opening brief
  • Appellant’s reply brief
  • Appellant’s supplemental brief
  • Respondent’s response brief
  • Respondent’s response to supplemental brief
  • Ruling upholding the Democracy vouchers program 7-11-19

 

Police Reform: Seattle Police Department Consent Decree

U.S. Department of Justice vs. City of Seattle
  • U.S. District Court case 2:12-cv-1282-JLR
  • DOJ web site for case, including legal filings, police monitor compliance reports, and other documents
  • Complaint
  • Settlement agreement
  • Post on police monitor’s “use of force” report
  • police monitor’s latest compliance report (9-8-2017)
  • Post with latest update on police accountability legislation
  • Post on appeals court ruling approving SPD’s “use of force” policy
  • City’s motion to declare full and effective compliance with consent decree (9-29-17)
  • DOJ’s response to motion to declare full and effective compliance
  • CPC’s response to motion to declare full and effective compliance
  • Order from judge requesting additional briefs on SPMA contract and Force Review Board’s findings on shooting of Charleena Lyles — briefs due 12/8
  • Letter from City Attorney to judge on SPMA contract
  • DOJ additional brief on SPMA contract and Lyles shooting
  • CPC additional brief on SPMA contract and Lyles shooting
  • City additional brief on SPMA contract and Lyles shooting
  • Emergency motion to intervene by Lyles estate
  • Brief by city opposing intervention by Lyles estate
  • Order denying Lyles estate’s motion to intervene, and finding the city in “full and effective compliance”
  • City’s proposed sustainment plan
  • Letters from US Government and police monitor in support of sustainment plan
  • Order approving sustainment plan
  • City’s notice of final CBA with SPOG  and proposed path forward 11-30-18
  • Order to show cause why not to find the City out of compliance with the Consent Decree 12/3/18
  • City’s response to order to show cause 12-17-18
  • DRB opinion and briefs  12-17-18
  •  Motion for stay due to government shutdown  12-17-18
  • DOJ response to order to show cause 2-13-19
  • Order finding the city partially out of compliance 5-21-19
  • Request for one-month extension to filing deadline 7-10-19  (granted 7-11-19)
Charleena Lyles wrongful death suit
  • King County Superior Court case 17-2-23731-1
  • Complaint (October 2017)  listing City of Seattle and two police officers as defendants
  • Amended complaint (December 2017) adding Solid Ground to list of defendants
  • Order setting hearing date on officers’ motion to dismiss for February 23rd
  • Order dismissing certain claims
  • Motion to dismiss filed by Solid Ground
  • Order continuing the case until January 14, 2019 and updating the case schedule
  • Order dismissing Solid Ground from the case  4/20/18
  • Order sealing certain documents related to Solid Ground 4/30/18
  • Order dismissing claim of perjury
  • Order granting sanctions against plaintiffs
  • Motion to reconsider claim of perjury
  • Notice of hearing on perjury claim scheduled for July 26, 2018
  • Order rescheduling trial to May 20, 2019
  •  Notice of appeal of order granting sanctions. Court of Appeal Division I, case # 78819-1. Appellants’ brief due 12-11-18
  • Hearing on defendants’ motion for summary judgment scheduled for January 4, 2019
  • Order granting motion for summary judgment 1-4-19
  • Appealed to state Court of Appeals, Case 79480-9. Appellant’s brief due 7-18-19
Che Taylor wrongful death suit

Income Tax

Kunath et al vs. City of Seattle
  • King County Superior Court case 17-2-18848-4  (consolidated from several cases)
  • Complaint and related post
  • Case schedule
  • City’s motion for summary judgment and accompanying press release  (9/29/17)
  • Responses to motion to dismiss (here, here and here) with cross-motion for summary judgment
  • Amicus brief by Rental Housing Association of Washington
  • Brief from Economic Opportunity Institute
  • Brief from City of Seattle
  • Brief from Kunath
  • Brief from Economic Opportunity Institute (in support of city)
  • Order consolidating Shock vs. City of Seattle into this case
  • Hearing on motion to dismiss/cross-motion held November 17th (related post)
  • Ruling in favor of plaintiffs
  • Motion by Kunath plaintiff for sanctions against defendants for litigating a frivolous case
  • Filing by other plaintiffs declining to join motion for sanctions
  • Response to motion for sanctions by City of Seattle
  • Response to motion for sanctions by Economic Opportunity Institute
  • Notice of appeal directly to state Supreme Court. Case #95295-7
  • Order denying motion for sanctions
  • City of Seattle’s brief on grounds for direct appeal to Supreme Court
  • EOI’s brief on grounds for direct appeal to Supreme Court
  • Supreme Court denying direct appeal, referring case to Court of Appeals, Division 1. Case # 79447-7
  •  Briefs filed with Appeals Court can be found here 
  • Oral arguments scheduled for June 6, 2019
  • Ruling finding the income tax to be unconstitutional 7-15-19

 

Opioid Epidemic

City of Seattle vs. Purdue Pharma et al
  • King County Superior Court case 17-2-25505-0
  • Complaint and accompanying press release
  • Removed to US District Court, case 2:17-cv-01577
  • City’s motion to remand the case back to state courts
  • Defendants’ opposition to remanding the case
  • Defendants’ motion to stay the case pending consolidation into multi-district litigation case
  • City’s opposition to staying the case
  • Notice of developments in multi-district jurisdiction case
  • conditional transfer order of Seattle case into multi-district jurisdiction case
  • Filing by Seattle in opposition to conditional transfer order
  • Order by multi-district litigation panel scheduling hearing (without oral argument) for January 25.
  • Order by judge extending filing deadlines until after January 25th hearing and renoting decision on city’s motion to remand to February 2nd (after January 25th hearing on conditional transfer order)
  • Order by multi-district litigation panel transferring the case to the Northern District of Ohio to be consolidated with other cases. Assigned to Judge Dan Polster.
  • Case number 1:18-op-45089, U.S. District Court for the Northern District of Ohio.

 

Safe Consumption Sites

Protect Public Health vs Freed et al

 

City-wide MHA Environmental Impact Statement Appeal to Hearing Examiner

ADU/DADU Legislation Environmental Impact Statement Appeal to Hearing Examiner

Ft. Lawton Environmental Impact Statement Appeal

  • Hearing Examiner ruling 11-28-18
  • Appeal filed in King County Superior Court 6-28-19
  • Case #19-2-17187-1

Government Surveillance

Petition by The Stranger to stop the Court from indefinitely sealing surveillance warrants
  • U.S. District Court case 2:17-mc-00145-RSL
  • Petition
  • Motion by US Attorneys to extend briefing schedule
  • Order setting briefing schedule.
  • Government’s response brief
  • Order extending date for reply brief – due April 27.
  • Reply brief.
  • Order staying case for 60 days. Joint status report due August 7.
  • Order extending stay until December 2017
  •  Joint status report, requesting stay until January 11, 2019.
  • Stipulated motion to dismiss case 1-6-19
  • Order dismissing case 1-17-19

 

Open Public Meetings Act

Egan vs. City of Seattle; West vs. City Council, City of Seattle, and individual Council members
  • Egan:  King County Superior Court case 18-2-14942-8
  • West: King County Superior Court case 18-2-15000-1
  • Egan complaint
  • West complaint
  • City’s answer and affirmative defense
  • Cases consolidated into a single proceeding (18-2-14942-8)
  • Motion by City of Seattle to dismiss the Egan case
  • Order dismissing claims against Harrell
  • Order dismissing claims against Bagshaw and O’Brien
  • Order granting city summary judgment and dismissing the case 4-26-19
  • Notice of appeal. State Court of Appeals case 79920-7

 

 

Independent news and analysis of the Seattle City Council

%d bloggers like this: