Case: Hooper v. Seattle

2:17-cv-00077 | U.S. District Court for the Western District of Washington

Filed Date: Jan. 19, 2017

Closed Date: June 11, 2020

Clearinghouse coding complete

Case Summary

This case deals with the legality of seizing the property of unhoused individuals by the city of Seattle, Washington without adequate notice. The plaintiffs - initially consisting of two individuals, the Episcopal Diocese of Olympia, and the organization Real Change - filed this lawsuit on January 19, 2017, in the U.S. District Court for the Western District of Washington. Represented by the ACLU of Washington and private counsel, the plaintiffs sued the City of Seattle, the Washington State De…

This case deals with the legality of seizing the property of unhoused individuals by the city of Seattle, Washington without adequate notice.

The plaintiffs - initially consisting of two individuals, the Episcopal Diocese of Olympia, and the organization Real Change - filed this lawsuit on January 19, 2017, in the U.S. District Court for the Western District of Washington. Represented by the ACLU of Washington and private counsel, the plaintiffs sued the City of Seattle, the Washington State Department of Transportation (WSDOT), and the Secretary of Transportation for WSDOT under 42 U.S.C. § 1983, Article 1, § 7 and Article 1, § 3 of the Washington Constitution, and the Fourteenth Amendment of the United States Constitution, on their policy of “sweeping.” The City rules governing the sweeps were promulgated as the Multi-Departmental Administrative Rules 08-01 (MDARs), while WSDOT adopted the Guidelines to Address Illegal Encampments. The plaintiffs claimed that the practice of sweeping seized or destroyed their property without adequate notice, an opportunity to be heard, or a meaningful remedy to reclaim undestroyed property. The plaintiffs sought class certification, declaratory relief that federal and state constitutions forbid the policies of defendants, injunctive relief forbidding sweeps until constitutionally respective procedures are adopted, and attorney fees. The District Court assigned the case to Judge Ricardo Martinez.

In the complaint, the plaintiffs alleged that the policies of the City violated protections from unreasonable search and seizure under the Fourth Amendment, right to due process under the Fourteenth Amendment, the right to protection from invasion of home under the Washington State Constitution, and the right to due process under the Washington State Constitution. The City viewed the policies themselves, also referred to as “cleanups,” as necessary for public health and safety. In contrast, the plaintiffs contended that the policy of the City violated constitutional notice requirements for the residents of these encampments and others who lacked a permanent home. Furthermore, the plaintiffs alleged that items the City of Seattle viewed as “garbage” were in fact constitutionally protected property, thus requiring both due process protections and recovery protections.

A day after filing the complaint, the plaintiffs filed a motion for class certification. The proposed class included all unhoused persons who lived outside within the City of Seattle and who keep their belongings on public property.

On February 6, 2017, the plaintiffs filed a motion for a temporary restraining order (TRO) against the practice of sweeping. Judge Martinez denied the motion for the TRO on February 14, 2017, finding that the plaintiffs inadequately satisfied their burdens of success on the merits and irreparable harm, but allowed the plaintiffs' concurrent but unfiled motion for a preliminary injunction to proceed. 2017 WL 591112.

The plaintiffs filed an amended complaint on March 2, 2017, adding another individual and the Trinity Parish of Seattle as plaintiffs. In response, the City of Seattle filed a counterclaim on March 16, 2017, seeking a declaratory judgment that the City’s newly adopted MDARs was sufficiently constitutional. The new MDARs was set to go into effect on April 2, 2017. The plaintiffs then filed a second amended complaint on May 23, 2017, adding an additional individual plaintiff.

The plaintiffs filed a motion for a preliminary injunction on June 14, 2017. Reviewing the motions for preliminary injunction and class certification in tandem, Judge Martinez denied both motions on October 4, 2017. 2017 WL 4410029. Judge Martinez denied the class certification because the plaintiffs failed to establish commonality, typicality, and adequacy of representation. Judge Martinez denied the preliminary injunction because he found plaintiffs failed to demonstrate irreparable harm because speculative injuries are not immediate, threatened injury. Judge Martinez found that the balance of equities and the validity of the public interest weighed in favor of defendants because the speculative claims of plaintiffs did not outweigh the defendants' interest in maintaining public property free of items that may pose a threat to citizens.

On January 23, 2018, the plaintiffs appealed the denial of the class certification to the Ninth Circuit. Judge Sandra Ikuta, Judge Morgan Christen, and Judge Jennifer Choe-Groves heard the case. The panel affirmed the denial of class certification on November 29, 2019, finding the lack of sufficient evidence and commonality dispositive enough to warrant the District Court’s denial of the class certification. 943 F.3d 882. Concurring in part and dissenting in part, Judge Christen found that the plaintiffs presented distinct facial challenges to the cleanup policies.

With the Ninth Circuit finding no abuse of discretion by the District Court, the City of Seattle filed a motion to convert the preliminary injunction into a final judgment on the merits on March 5, 2020. The plaintiffs responded on March 12, 2020, by filing a motion to voluntarily dismiss their claims and the City’s counterclaim. On June 11, 2020, Judge Martinez denied the City’s motion for conversion and granted the plaintiff’s motion to dismiss without prejudice. 2020 WL 3100855. This case is closed.

Summary Authors

Andrew Pierce (10/28/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4571262/parties/hooper-v-city-of-seattle-washington/


Judge(s)

Groves, Jennifer Choe (New York)

Martinez, Ricardo S. (Washington)

Attorneys(s) for Plaintiff

Chiang, Emily (Washington)

Lindberg, Eric A. (Washington)

Marks-Dias, Blake Edward (Washington)

Nowlin, Lisa (Washington)

Schuster, Breanne (Washington)

Talner, Nancy Lynn (Washington)

Williams, Todd T. (Washington)

Attorneys(s) for Defendant

Biancamano, John D. (New York)

Judge(s)

Groves, Jennifer Choe (New York)

Martinez, Ricardo S. (Washington)

Attorneys(s) for Plaintiff

Chiang, Emily (Washington)

Lindberg, Eric A. (Washington)

Marks-Dias, Blake Edward (Washington)

Nowlin, Lisa (Washington)

Schuster, Breanne (Washington)

Talner, Nancy Lynn (Washington)

Williams, Todd T. (Washington)

Attorneys(s) for Defendant

Biancamano, John D. (New York)

Downs, Patrick (Washington)

Flevaris, Taki V (Washington)

Huot, Matthew D. (Washington)

Myerberg, Andrew Thomas (Washington)

Narver, Gregory Colin (Washington)

Segal, Matthew J. (Washington)

Seu, Carlton W.M. (Washington)

Smith, Gary T. (Washington)

Wong, Gregory J. (Washington)

Young, Alicia O (Washington)

Other Attorney(s)

Bauman, Tristia (District of Columbia)

Falls, Craig G (District of Columbia)

Shaeffer, Joseph R. (Washington)

Documents in the Clearinghouse

Document

Docket [PACER]

Hooper v. City Of Seattle

June 11, 2020 Docket
1

Complaint - Class Action for Declaratory and Injunctive Relief

Hooper v. City of Seattle

Jan. 19, 2017 Complaint
65

Order Denying Plaintiffs' Motion for Temporary Restraining Order

Hooper v. City of Seattle

2017 WL 591112

Feb. 14, 2017 Order/Opinion
75

Defendant City of Seattle's Answer, Affirmative Defenses, and Counterclaim to Amended Complaint

Hooper v. City of Seattle

March 16, 2017 Pleading / Motion / Brief
87

Second Amended Complaint - Class Action for Declaratory and Injunctive Relief

Hooper v. City of Seattle

May 23, 2017 Pleading / Motion / Brief
209

Order Denying Plaintiffs' Motion for Class Certification and Denying Plaintiffs' Motion for Preliminary Injunction

Hooper v. City of Seattle

2017 WL 4410029

Oct. 4, 2018 Order/Opinion
224

Opinion

Willis v. City of Seattle

U. S. Court of Appeals for the Ninth Circuit

943 F.3d 882

Nov. 29, 2019 Order/Opinion
242

Order Denying Defendant's Motion for Final Judgment on the Merits and Granting Plaintiffs' Motion for Voluntary Dismissal

Hooper v. City of Seattle

2020 WL 3100855

June 11, 2020 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4571262/hooper-v-city-of-seattle-washington/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT Class Action for Declaratory and Injunctive Relief against All Defendants (Receipt # 0981-4739028) Attorney Todd T Williams added to party Lisa Hooper(pty:pla), Attorney Todd T Williams added to party Brandie Osborne(pty:pla), Attorney Todd T Williams added to party Real Change(pty:pla), Attorney Todd T Williams added to party The Episcopal Diocese of Olympia(pty:pla), filed by Lisa Hooper, The Episcopal Diocese of Olympia, Real Change, Brandie Osborne. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Williams, Todd) (Entered: 01/19/2017)

1 Civil Cover Sheet

View on PACER

2 Summons

View on PACER

3 Summons

View on PACER

4 Summons

View on PACER

Jan. 19, 2017 RECAP

Add and Terminate Judges

Jan. 20, 2017 PACER
2

MOTION to Certify Class, filed by Plaintiffs Lisa Hooper, Brandie Osborne, Real Change, The Episcopal Diocese of Olympia. (Attachments: # 1 Proposed Order) Noting Date 2/17/2017, (Williams, Todd) (Entered: 01/20/2017)

Jan. 20, 2017 PACER
3

DECLARATION of Todd T. Williams filed by Plaintiffs Lisa Hooper, Brandie Osborne, Real Change, The Episcopal Diocese of Olympia re 2 MOTION to Certify Class (Williams, Todd) (Entered: 01/20/2017)

Jan. 20, 2017 PACER
4

DECLARATION of Emily Chiang filed by Plaintiffs Lisa Hooper, Brandie Osborne, Real Change, The Episcopal Diocese of Olympia re 2 MOTION to Certify Class (Williams, Todd) (Entered: 01/20/2017)

Jan. 20, 2017 PACER
5

PRAECIPE re 2 MOTION to Certify Class by Plaintiffs Lisa Hooper, Brandie Osborne, Real Change, The Episcopal Diocese of Olympia (Attachments: # 1 Motion for Class Certification)(Williams, Todd) (Entered: 01/20/2017)

Jan. 20, 2017 PACER

Judge James L. Robart added. (RE)

Jan. 20, 2017 PACER
6

Summons electronically issued as to defendant(s) City of Seattle, Washington, Roger Millar, Washington State Department of Transportation. (Attachments: # 1 Summons-WSDOT, # 2 Summons-Roger Millar)(RE) (Entered: 01/20/2017)

Jan. 20, 2017 PACER
7

CORPORATE DISCLOSURE STATEMENT Filed pursuant to Fed.R.Civ.P 7.1. Filed by The Episcopal Diocese of Olympia (Williams, Todd) (Entered: 01/26/2017)

Jan. 26, 2017 PACER
8

CORPORATE DISCLOSURE STATEMENT Filed pursuant to Fed.R.Civ.P 7.1. Filed by Real Change (Williams, Todd) (Entered: 01/26/2017)

Jan. 26, 2017 PACER
9

AFFIDAVIT of Service of Summons and Complaint on Travis Youtsey, Administrative Assistant, Person Authorized to Accept on 1/23/2017, filed by Plaintiffs Lisa Hooper, Brandie Osborne, Real Change, The Episcopal Diocese of Olympia. (Williams, Todd) (Entered: 01/27/2017)

Jan. 27, 2017 PACER
10

AFFIDAVIT of Service of Summons and Complaint on Paul Triesch, Assistant Attorney General, Person Authorized to Accept on 1/23/2017, filed by Plaintiffs Lisa Hooper, Brandie Osborne, Real Change, The Episcopal Diocese of Olympia. (Williams, Todd) (Entered: 01/27/2017)

Jan. 27, 2017 PACER
11

AFFIDAVIT of Service of Summons and Complaint on Paul Triesch, Assistant Attorney General, Person Authorized to Accept on 1/23/2017, filed by Plaintiffs Lisa Hooper, Brandie Osborne, Real Change, The Episcopal Diocese of Olympia. (Williams, Todd) (Entered: 01/27/2017)

Jan. 27, 2017 PACER
12

MINUTE ORDER REASSIGNING CASE. Case reassigned to Judge Ricardo S Martinez for all further proceedings. All future pleadings shall bear cause number C17-77RSM by Judge James L. Robart. (RS) (Entered: 01/31/2017)

Jan. 31, 2017 PACER

Notice of Docket Text Modification

Feb. 1, 2017 PACER
13

Per Counsel, NOTICE of Appearance by attorney Matthew J Segal on behalf of Defendants City of Seattle, only. Washington, Roger Millar, Washington State Department of Transportation. (Segal, Matthew) Modified on 2/8/2017 (vb). (Entered: 02/01/2017)

Feb. 1, 2017 PACER
14

Per Counsel NOTICE of Appearance by attorney Taki V. Flevaris on behalf of Defendants City of Seattle, only. Washington, Roger Millar, Washington State Department of Transportation. (Flevaris, Taki) Modified on 2/8/2017 (vb). (Entered: 02/01/2017)

Feb. 1, 2017 PACER
15

NOTICE of Appearance by attorney Gregory Colin Narver on behalf of Defendant City of Seattle, Washington. (Narver, Gregory) (Entered: 02/01/2017)

Feb. 1, 2017 PACER
16

NOTICE of Appearance by attorney Carlton Wm Seu on behalf of Defendant City of Seattle, Washington. (Seu, Carlton) (Entered: 02/01/2017)

Feb. 1, 2017 PACER
17

NOTICE of Appearance by attorney Gary T Smith on behalf of Defendant City of Seattle, Washington. (Smith, Gary) (Entered: 02/01/2017)

Feb. 1, 2017 PACER
18

NOTICE of Appearance by attorney Andrew Thomas Myerberg on behalf of Defendant City of Seattle, Washington. (Myerberg, Andrew) (Entered: 02/01/2017)

Feb. 1, 2017 PACER
19

NOTICE of Appearance by attorney Patrick Downs on behalf of Defendant City of Seattle, Washington. (Downs, Patrick) (Entered: 02/01/2017)

Feb. 1, 2017 PACER

NOTICE of Docket Text Modification re 14 Notice of Appearance, 13 Notice of Appearance : Per Counsel, NOTICE of Appearance by attorney Matthew J Segal & Taki V. Flevaris filed on behalf of Defendants City of Seattle only (vb)

Feb. 1, 2017 PACER
20

NOTICE of Appearance by attorney Alicia O Young on behalf of Defendants Roger Millar, Washington State Department of Transportation. (Young, Alicia) (Entered: 02/02/2017)

Feb. 2, 2017 PACER
21

NOTICE of Appearance by attorney Eric A Lindberg on behalf of Plaintiffs Lisa Hooper, Brandie Osborne, Real Change, The Episcopal Diocese of Olympia. (Lindberg, Eric) (Entered: 02/02/2017)

Feb. 2, 2017 PACER
22

NOTICE of Appearance by attorney Blake Edward Marks-Dias on behalf of Plaintiffs Lisa Hooper, Brandie Osborne, Real Change, The Episcopal Diocese of Olympia. (Marks-Dias, Blake) (Entered: 02/02/2017)

Feb. 2, 2017 PACER

Attorney Matthew D. Huot for Roger Millar and Washington State Department of Transportation added; per 20 Notice of Appearance. (CDA)

Feb. 3, 2017 PACER

Add and Terminate Attorneys

Feb. 3, 2017 PACER
23

MOTION for Temporary Restraining Order, filed by Plaintiffs Lisa Hooper, Brandie Osborne, Real Change, The Episcopal Diocese of Olympia. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 2/6/2017, (Williams, Todd) (Entered: 02/06/2017)

Feb. 6, 2017 PACER
24

DECLARATION of Randi Kern filed by Plaintiffs Lisa Hooper, Brandie Osborne, Real Change, The Episcopal Diocese of Olympia re 23 MOTION for Temporary Restraining Order (Williams, Todd) (Entered: 02/06/2017)

Feb. 6, 2017 PACER
25

DECLARATION of Simon Stephens filed by Plaintiffs Lisa Hooper, Brandie Osborne, Real Change, The Episcopal Diocese of Olympia re 23 MOTION for Temporary Restraining Order (Williams, Todd) (Entered: 02/06/2017)

Feb. 6, 2017 PACER
26

DECLARATION of Alex Garland filed by Plaintiffs Lisa Hooper, Brandie Osborne, Real Change, The Episcopal Diocese of Olympia re 23 MOTION for Temporary Restraining Order (Williams, Todd) (Entered: 02/06/2017)

Feb. 6, 2017 PACER
27

DECLARATION of Lisa Hooper filed by Plaintiffs Lisa Hooper, Brandie Osborne, Real Change, The Episcopal Diocese of Olympia re 23 MOTION for Temporary Restraining Order (Williams, Todd) (Entered: 02/06/2017)

Feb. 6, 2017 PACER
28

DECLARATION of Love McCoy filed by Plaintiffs Lisa Hooper, Brandie Osborne, Real Change, The Episcopal Diocese of Olympia re 23 MOTION for Temporary Restraining Order (Williams, Todd) (Entered: 02/06/2017)

Feb. 6, 2017 PACER
29

DECLARATION of Timothy Alexander filed by Plaintiffs Lisa Hooper, Brandie Osborne, Real Change, The Episcopal Diocese of Olympia re 23 MOTION for Temporary Restraining Order (Williams, Todd) (Entered: 02/06/2017)

Feb. 6, 2017 PACER
30

DECLARATION of Jamie Fuller filed by Plaintiffs Lisa Hooper, Brandie Osborne, Real Change, The Episcopal Diocese of Olympia re 23 MOTION for Temporary Restraining Order (Williams, Todd) (Entered: 02/06/2017)

Feb. 6, 2017 PACER
31

DECLARATION of Aedan Roberts filed by Plaintiffs Lisa Hooper, Brandie Osborne, Real Change, The Episcopal Diocese of Olympia re 23 MOTION for Temporary Restraining Order (Williams, Todd) (Entered: 02/06/2017)

Feb. 6, 2017 PACER
32

DECLARATION of Brandie Osborne filed by Plaintiffs Lisa Hooper, Brandie Osborne, Real Change, The Episcopal Diocese of Olympia re 23 MOTION for Temporary Restraining Order (Williams, Todd) (Entered: 02/06/2017)

Feb. 6, 2017 PACER
33

DECLARATION of Breanne Schuster filed by Plaintiffs Lisa Hooper, Brandie Osborne, Real Change, The Episcopal Diocese of Olympia re 23 MOTION for Temporary Restraining Order (Williams, Todd) (Entered: 02/06/2017)

Feb. 6, 2017 PACER
34

CERTIFICATE OF SERVICE by Plaintiffs Lisa Hooper, Brandie Osborne, Real Change, The Episcopal Diocese of Olympia re 31 Declaration, 30 Declaration, 32 Declaration, 29 Declaration, 26 Declaration, 25 Declaration, 28 Declaration, 27 Declaration, 24 Declaration, 33 Declaration (Williams, Todd) (Entered: 02/06/2017)

Feb. 6, 2017 PACER
35

MINUTE ORDER by Chief Judge Ricardo S. Martinez re: 23 MOTION for Temporary Restraining Order filed by The Episcopal Diocese of Olympia, Brandie Osborne, Real Change, Lisa Hooper. Defendants' Responsive Brief due by noon on 2/9/2017. Plaintiffs' Reply Brief due by noon on 2/10/2017. TRO Hearing set for 2/13/2017 at 12:00 PM before Judge Ricardo S Martinez.(SSM) (Entered: 02/07/2017)

Feb. 7, 2017 PACER
36

RESPONSE, by Defendants City of Seattle, Washington, Roger Millar, Washington State Department of Transportation, to 23 MOTION for Temporary Restraining Order . (Young, Alicia) (Entered: 02/07/2017)

Feb. 7, 2017 PACER
37

NOTICE of Unavailability of counsel Alicia O Young for Defendants Roger Millar, Washington State Department of Transportation from February 15, to February 23, 2017. (Young, Alicia) (Entered: 02/07/2017)

Feb. 7, 2017 PACER
38

RESPONSE, by Defendants Roger Millar, Washington State Department of Transportation, to 23 MOTION for Temporary Restraining Order . (Young, Alicia) (Entered: 02/09/2017)

Feb. 9, 2017 PACER
39

DECLARATION of Jim McBride filed by Defendants Roger Millar, Washington State Department of Transportation re 23 MOTION for Temporary Restraining Order (Attachments: # 1 Exhibit)(Young, Alicia) (Entered: 02/09/2017)

Feb. 9, 2017 PACER
40

DECLARATION of Lance Pascubillo filed by Defendants Roger Millar, Washington State Department of Transportation re 23 MOTION for Temporary Restraining Order (Attachments: # 1 Exhibit)(Young, Alicia) (Entered: 02/09/2017)

Feb. 9, 2017 PACER
41

DECLARATION of David McCormick filed by Defendants Roger Millar, Washington State Department of Transportation re 23 MOTION for Temporary Restraining Order (Young, Alicia) (Entered: 02/09/2017)

Feb. 9, 2017 PACER
42

RESPONSE, by Defendant City of Seattle, Washington, to 23 MOTION for Temporary Restraining Order . Oral Argument Requested. (Attachments: # 1 Proposed Order)(Segal, Matthew) (Entered: 02/09/2017)

Feb. 9, 2017 PACER
43

DECLARATION of Chris Potter filed by Defendant City of Seattle, Washington re 23 MOTION for Temporary Restraining Order (Attachments: # 1 Exhibit Ex. 1- 13)(Segal, Matthew) (Entered: 02/09/2017)

Feb. 9, 2017 PACER
44

DECLARATION of Jesus Aguirre filed by Defendant City of Seattle, Washington re 23 MOTION for Temporary Restraining Order (Segal, Matthew) (Entered: 02/09/2017)

Feb. 9, 2017 PACER
45

DECLARATION of Karen Sweeny filed by Defendant City of Seattle, Washington re 23 MOTION for Temporary Restraining Order (Segal, Matthew) (Entered: 02/09/2017)

Feb. 9, 2017 PACER
46

DECLARATION of Matthew Segal filed by Defendant City of Seattle, Washington re 23 MOTION for Temporary Restraining Order (Segal, Matthew) (Entered: 02/09/2017)

Feb. 9, 2017 PACER
47

DECLARATION of Scott Lindsay filed by Defendant City of Seattle, Washington re 23 MOTION for Temporary Restraining Order (Attachments: # 1 Exhibit 1-3)(Segal, Matthew) (Entered: 02/09/2017)

Feb. 9, 2017 PACER
48

DECLARATION of Steven Wilske filed by Defendant City of Seattle, Washington re 23 MOTION for Temporary Restraining Order (Segal, Matthew) (Entered: 02/09/2017)

Feb. 9, 2017 PACER

Set/Reset Hearings

Feb. 10, 2017 PACER
49

NOTICE of Appearance by attorney Gregory J Wong on behalf of Defendant City of Seattle, Washington. (Wong, Gregory) (Entered: 02/10/2017)

Feb. 10, 2017 PACER
50

REPLY, filed by Plaintiffs Lisa Hooper, Brandie Osborne, Real Change, The Episcopal Diocese of Olympia, TO RESPONSE to 23 MOTION for Temporary Restraining Order (Williams, Todd) (Entered: 02/10/2017)

Feb. 10, 2017 PACER
51

DECLARATION of Todd T. Williams filed by Plaintiffs Lisa Hooper, Brandie Osborne, Real Change, The Episcopal Diocese of Olympia re 23 MOTION for Temporary Restraining Order (Attachments: # 1 Exhibit A)(Williams, Todd) (Entered: 02/10/2017)

Feb. 10, 2017 PACER
52

DECLARATION of Breanne Schuster filed by Plaintiffs Lisa Hooper, Brandie Osborne, Real Change, The Episcopal Diocese of Olympia re 23 MOTION for Temporary Restraining Order (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Williams, Todd) (Entered: 02/10/2017)

Feb. 10, 2017 RECAP
53

DECLARATION of Alan Short filed by Plaintiffs Lisa Hooper, Brandie Osborne, Real Change, The Episcopal Diocese of Olympia re 23 MOTION for Temporary Restraining Order (Williams, Todd) (Entered: 02/10/2017)

Feb. 10, 2017 PACER
54

DECLARATION of Kayla Willis filed by Plaintiffs Lisa Hooper, Brandie Osborne, Real Change, The Episcopal Diocese of Olympia re 23 MOTION for Temporary Restraining Order (Williams, Todd) (Entered: 02/10/2017)

Feb. 10, 2017 PACER
55

CERTIFICATE OF SERVICE by Plaintiffs Lisa Hooper, Brandie Osborne, Real Change, The Episcopal Diocese of Olympia re 53 Declaration, 52 Declaration, 54 Declaration, 50 Reply to Response to Motion (Williams, Todd) (Entered: 02/10/2017)

Feb. 10, 2017 PACER

Reset Hearings: Due to a scheduling conflict on the Court's calendar, TRO Hearing reset for 2/13/2017 at 2:30 PM before Judge Ricardo S. Martinez. (LW)

Feb. 10, 2017 PACER
56

STIPULATION AND PROPOSED ORDER re Motion for Class Certification and Briefing Schedule by parties re 2 MOTION to Certify Class (Attachments: # 1 Proposed Order)(Segal, Matthew) (Entered: 02/10/2017)

Feb. 10, 2017 PACER
57

Second DECLARATION of David McCormick filed by Defendants Roger Millar, Washington State Department of Transportation re 23 MOTION for Temporary Restraining Order (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Young, Alicia) (Entered: 02/10/2017)

Feb. 10, 2017 PACER
58

MOTION for Leave to File Supplemental Declaration, filed by Defendant City of Seattle, Washington. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Proposed Order) Noting Date 2/13/2017, (Segal, Matthew) (Entered: 02/13/2017)

Feb. 13, 2017 PACER
59

STIPULATION AND ORDER by Chief Judge Ricardo S. Martinez re 56 Stipulation on Motion for Class Certification and Proposed Briefing Schedule. No later than February 24, 2017, the parties shall submit to the Court their proposal for a briefing schedule for the motion. Motion for Class Certification RE-NOTED for 3/3/2017.(SSM) (Entered: 02/13/2017)

Feb. 13, 2017 PACER
60

MINUTE ORDER by Chief Judge Ricardo S. Martinez re: 58 MOTION for Leave to File Supplemental Declaration filed by City of Seattle, Washington. The following MINUTE ORDER is made by direction of the Court, the Honorable Ricardo S. Martinez, Chief United States District Judge:The City of Seattle's Motion for Leave is GRANTED. The City of Seattle may file into the record the Second Declaration of Chris Potter in Support of the City's Opposition to Motion for Temporary Restraining Order. (SSM) (Entered: 02/13/2017)

Feb. 13, 2017 PACER
61

Second DECLARATION of Chris Potter filed by Defendant City of Seattle, Washington re 58 MOTION for Leave to File Supplemental Declaration, 23 MOTION for Temporary Restraining Order (Attachments: # 1 Exhibit)(Segal, Matthew) (Entered: 02/13/2017)

Feb. 13, 2017 PACER
62

MINUTE ENTRY for proceedings held before Judge Ricardo S Martinez- Dep Clerk: Laurie Cuaresma; Pla Counsel: Blake Marks-Dias, Nancy Talner, Breanne Schuster, Todd Williams, Eric Lindberg; Def Counsel: Taki Flevaris, Matthew Segal, Patrick Down, Alicia Young, Matt Huot; CR: Andrea Ramirez; Time of Hearing: 2:30 PM; TRO Hearing held on 2/13/2017. The Court hears argument of counsel; Court takes matter under advisement and will issue ruling as soon as possible. (LC) (Entered: 02/13/2017)

Feb. 13, 2017 PACER
63

DECLARATION of Simon Stephens filed by Plaintiffs Lisa Hooper, Brandie Osborne, Real Change, The Episcopal Diocese of Olympia re 23 MOTION for Temporary Restraining Order (Williams, Todd) (Entered: 02/13/2017)

Feb. 13, 2017 PACER
64

NOTICE of Filing Flash Drive in Paper or Physical Form with the Clerk's Office by Plaintiffs Lisa Hooper, Brandie Osborne, Real Change, The Episcopal Diocese of Olympia. inre 23 Motion for TRO. (Williams, Todd) (Entered: 02/14/2017)

Feb. 14, 2017 PACER
65

ORDER denying 23 Motion for TRO by Chief Judge Ricardo S. Martinez. Plaintiff's concurrent motion for Preliminary Injunction will be scheduled for oral argument. No later than ten (10) days from the date of this Order, the parties shall meet and confer and submit to the Court by way of Joint Status Report a proposed briefing schedule for any supplemental briefing to be submitted by the parties and several proposed oral argument dates and times, along with a proposed Order. (SSM) (Entered: 02/14/2017)

Feb. 14, 2017 RECAP
66

NOTICE of Filing Physical Form with the Clerk's Office: Flash Drive re Motion for TRO 23 by Plaintiffs Lisa Hooper, Brandie Osborne, Real Change, The Episcopal Diocese of Olympia. (Flash drive placed on Clerk's Office filing shelf)(PM) (Entered: 02/15/2017)

Feb. 14, 2017 PACER
67

Joint Stipulated MOTION to Extend Deadline to Submit Joint Status Report, filed by Plaintiffs Lisa Hooper, Brandie Osborne, Real Change, The Episcopal Diocese of Olympia. (Attachments: # 1 Proposed Order) Noting Date 2/24/2017, (Lindberg, Eric) (Entered: 02/24/2017)

Feb. 24, 2017 PACER
68

ORDER granting 67 Stipulated Motion extending time to submit joint status report by Judge Ricardo S Martinez.(RS) (Entered: 02/24/2017)

Feb. 24, 2017 PACER
69

Joint Stipulated MOTION to Extend Deadline to Submit Proposed Schedule for Class Certification Briefing, filed by Plaintiffs Lisa Hooper, Brandie Osborne, Real Change, The Episcopal Diocese of Olympia. (Attachments: # 1 Proposed Order) Noting Date 2/24/2017, (Lindberg, Eric) (Entered: 02/24/2017)

Feb. 24, 2017 PACER
70

ORDER granting 69 Stipulated Motion to extend deadline to submit proposed schedule for class certification briefing by Judge Ricardo S Martinez.(RS) (Entered: 02/27/2017)

Feb. 27, 2017 PACER
71

JOINT STATUS REPORT signed by all parties (Williams, Todd) (Entered: 03/01/2017)

March 1, 2017 PACER
72

MINUTE ORDER by Chief Judge Ricardo S. Martinez. The following MINUTE ORDER is made by direction of the Court, the Honorable Ricardo S. Martinez, Chief United States District Judge: Pursuant to the parties' Joint Status Report filed on March 1, 2017 (Dkt. #71), the Court hereby sets the following motions deadlines and hearing date. Plaintiffs' Motion for Preliminary Injunction shall be filed no later than 6/14/2017. Defendants' opposition to that motion is due by 7/28/2017, and any Reply by Plaintiffs will be due by 8/11/2017. Plaintiffs' Motion for Class Certification was filed on 1/20/2017. Defendants' opposition to that motion is due by 5/30/2017, and any Reply will be due by 6/29/2017. A hearing on both motions has been scheduled for September 7, 2017, at 09:00 AM before Chief Judge Ricardo S. Martinez. Both motions will be argued at that time, and the hearing shall last no longer than two hours. (SSM) (Entered: 03/02/2017)

March 2, 2017 PACER
73

AMENDED COMPLAINT CLASS ACTION FOR DECLARATORY AND INJUNCTIVE RELIEF against defendant(s) All Defendants, filed by Lisa Hooper, Real Change, The Episcopal Diocese of Olympia, Brandie Osborne.(Williams, Todd) (Entered: 03/02/2017)

March 2, 2017 PACER
74

ANSWER to 73 Amended Complaint WSDOT Defendants by Roger Millar, Washington State Department of Transportation.(Huot, Matthew) (Entered: 03/16/2017)

March 16, 2017 PACER
75

ANSWER to 73 Amended Complaint, 1 Complaint,,, ANSWER to 73 Amended Complaint, 1 Complaint,,, COUNTERCLAIM against plaintiff Lisa Hooper, Brandie Osborne, Real Change, The Episcopal Diocese of Olympia, Trinity Parish of Seattle, Kayla Willis by City Of Seattle.(Segal, Matthew) (Entered: 03/16/2017)

March 16, 2017 RECAP
76

OBJECTIONS to Subpoena to Produce Documents by Interested Party YouthCare (Lyon, Wendy) (Entered: 04/03/2017)

April 3, 2017 PACER
77

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on 2/13/2017 before Judge Ricardo S. Martinez.Parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at www.wawd.uscourts.gov.To purchase a copy of the transcript, contact court reporter Andrea Ramirez, andrea_ramirez@wawd.uscourts.gov, 206-370-8509. Release of Transcript Restriction set for 7/3/2017, (AR) (Entered: 04/04/2017)

April 4, 2017 PACER
78

Plaintiffs' ANSWER to 75 Answer to Amended Complaint,, Answer to Complaint,, Counterclaim, of City Of Seattle by Lisa Hooper, Brandie Osborne, Real Change, The Episcopal Diocese of Olympia, Trinity Parish of Seattle, Kayla Willis.(Williams, Todd) (Entered: 04/06/2017)

April 6, 2017 PACER
79

STIPULATION AND PROPOSED ORDER RE Protective Order by parties (Flevaris, Taki) (Entered: 04/06/2017)

April 6, 2017 PACER
80

STIPULATED PROTECTIVE ORDER re 79 Stipulation, by Judge Ricardo S Martinez. (SWT) (Entered: 04/07/2017)

April 7, 2017 PACER
81

MOTION to Amend 73 Amended Complaint,, filed by Plaintiffs Lisa Hooper, Brandie Osborne, Real Change, The Episcopal Diocese of Olympia, Trinity Parish of Seattle, Kayla Willis. (Attachments: # 1 Proposed Order) Noting Date 5/26/2017, (Williams, Todd) (Entered: 05/09/2017)

May 9, 2017 PACER
82

DECLARATION of Todd T. Williams filed by Plaintiffs Lisa Hooper, Brandie Osborne, Real Change, The Episcopal Diocese of Olympia, Trinity Parish of Seattle, Kayla Willis re 81 MOTION to Amend 73 Amended Complaint, (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Williams, Todd) (Entered: 05/09/2017)

May 9, 2017 PACER
83

OBJECTIONS / AMENDED Objection to Subpoena to Produce Documents by Interested Party YouthCare (Lyon, Wendy) (Entered: 05/10/2017)

May 10, 2017 PACER
84

Joint Stipulated MOTION to File Second Amended Complaint, filed by Plaintiffs Lisa Hooper, Brandie Osborne, Real Change, The Episcopal Diocese of Olympia, Trinity Parish of Seattle, Kayla Willis. (Attachments: # 1 Proposed Order) Noting Date 5/22/2017, (Williams, Todd) (Entered: 05/22/2017)

May 22, 2017 PACER
85

STIPULATION AND PROPOSED ORDER Re Motion for Class Certification Briefing Schedule by parties re 2 MOTION to Certify Class (Wong, Gregory) (Entered: 05/22/2017)

May 22, 2017 PACER
86

ORDER granting parties' 84 Joint Stipulated Motion to File Second Amended Complaint ; withdrawing as moot Plaintiffs' 81 Motion to Amend Complaint, by Judge Ricardo S Martinez.(SWT) (Entered: 05/22/2017)

May 22, 2017 RECAP
87

Second AMENDED COMPLAINT Class Action for Declaratory and Injunctive Relief against All Defendants, filed by Kayla Willis, Lisa Hooper, Real Change, The Episcopal Diocese of Olympia, Trinity Parish of Seattle, Brandie Osborne.(Williams, Todd) (Entered: 05/23/2017)

May 23, 2017 RECAP
88

STIPULATION AND ORDER by Chief Judge Ricardo S. Martinez re 85 Stipulation filed by City Of Seattle. Defendants' opposition to Plaintiffs' Motion for Class Certification shall be filed on or before June 21, 2017 and Plaintiffs' reply thereto shall be filed on or before July 21, 2017. Plaintiffs' Motion for Class Certification has been re-noted for 7/21/2017. The hearing date remains on September 7, 2017. (SSM) (Entered: 05/24/2017)

May 24, 2017 PACER
89

MOTION for Leave to File Excess Pages, filed by Plaintiffs Lisa Hooper, Brandie Osborne, Real Change, The Episcopal Diocese of Olympia, Trinity Parish of Seattle, Reavy Washington, Kayla Willis. (Attachments: # 1 Proposed Order) Noting Date 6/2/2017, (Williams, Todd) (Entered: 06/02/2017)

June 2, 2017 PACER
90

MINUTE ORDER by Chief Judge Ricardo S. Martinez re: 89 MOTION for Leave to File Excess Pages filed by Plaintiffs. The following MINUTE ORDER is made by direction of the Court, the Honorable Ricardo S. Martinez, Chief United States District Judge: Plaintiffs seek leave to file an overlength motion for preliminary injunction. They ask for up to 16 extra pages, for a total of 40 pages. The Court has reviewed the request and GRANTS IN PART AND DENIES IN PART the motion. The Court will allow Plaintiffs eight (8) additional pages, for a total of 32 pages. Accordingly, any brief in opposition will automatically be allowed an equal number of additional pages. The reply brief shall not exceed one-half the total length of the brief filed in opposition. (SSM) (Entered: 06/05/2017)

June 5, 2017 PACER
91

ANSWER to 87 Amended Complaint, WSDOT Defendants' Answer to 2nd Amended Complaint by Roger Millar, Washington State Department of Transportation.(Young, Alicia) (Entered: 06/06/2017)

June 6, 2017 PACER
92

ANSWER to 87 Amended Complaint, Answer, Affirmative Defenses and Counterclaim to Second Amended Complaint by City Of Seattle.(Wong, Gregory) (Entered: 06/06/2017)

June 6, 2017 PACER

State / Territory: Washington

Case Type(s):

Policing

Key Dates

Filing Date: Jan. 19, 2017

Closing Date: June 11, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Homeless individuals in Seattle, Washington, the episcopal diocese of Olympia, Real Change.

Plaintiff Type(s):

Non-profit NON-religious organization

Non-profit religious organization

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Seattle, Washington (Seattle), Regional

Washington State Department of Transportation (Unknown), State

Secretary of Transportation for Washington Department of Transportation (Unknown), State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Form of Settlement:

Voluntary Dismissal

Content of Injunction:

Preliminary relief denied