Case: United States v. King County Washington

2:20-cv-00203 | U.S. District Court for the Western District of Washington

Filed Date: Feb. 10, 2020

Closed Date: March 20, 2023

Clearinghouse coding complete

Case Summary

On February 10, 2020, the United States Department of Justice (DOJ) filed this lawsuit in the U.S. District Court for the Western District of Washington. The DOJ sued King County, Washington and its Executive under 28 U.S.C. § 2201 and the Airline Deregulation Act (ADA) and sought declaratory and injunctive relief. The case was assigned to Judge Robert J. Bryan.  On April 23, 2019, the King County Executive signed King County Executive Order PFC-7-1-EO ("Airport EO"), prohibiting the transporta…

On February 10, 2020, the United States Department of Justice (DOJ) filed this lawsuit in the U.S. District Court for the Western District of Washington. The DOJ sued King County, Washington and its Executive under 28 U.S.C. § 2201 and the Airline Deregulation Act (ADA) and sought declaratory and injunctive relief. The case was assigned to Judge Robert J. Bryan. 

On April 23, 2019, the King County Executive signed King County Executive Order PFC-7-1-EO ("Airport EO"), prohibiting the transportation or  deportation of immigration detainees in the custody of Immigrations and Customs Enforcement (ICE)—except by federal government aircraft—at King County International Airport (commonly known as “Boeing Field”). According to the complaint, "Since issuance of the Airport EO, fixed-base operators (“FBOs”) at Boeing Field, which provide[d] basic aeronautical services to charter flight operators, no longer [served] flights by U.S. Immigration and Customs Enforcement (“ICE”) Air Operations (“IAO”)." In essence, King County aimed to ban flights of immigrant detainees from the publicly owned airport. Due to the order, ICE was forced to relocate its flights to an airport in Yakima, WA, approximately 150 miles by road from ICE’s Northwest Detention Facility in Tacoma, WA. The DOJ alleged that this disruption resulted in significant fiscal and public safety costs impeding the operations of ICE. 

The DOJ  alleged that the Airport EO violated the Supremacy Clause by discriminating against private parties based on their relationship with federal immigration officials. The DOJ further alleged that the Airport EO violated the ADA because it had the force and effect of a law related to a price, service, or route of an air carrier that may provide air transportation, and therefore violated its preemption provision. 

On April 16, 2020, the DOJ moved for judgment on the pleadings. First, the DOJ argued the executive order violated the doctrine of intergovernmental immunity. According to the DOJ, King County was meddling with federal government activities and discriminating against the federal government and those with whom it dealt. Next, the DOJ argued the executive order was preempted by federal immigration law, asserting . The defendants argued that the Supremacy Clause prohibited state and local governments from making laws that were preempted by federal law, and that the federal government has inherent sovereign authority to regulate immigration.

On May 27, 2020, the court denied the DOJ’s motion for judgment on the pleadings, finding that the United States had not yet established Article III standing or shown that the controversy was ripe. 2020 WL 2745745. 

On December 14, 2022, the DOJ once again moved for judgment on the pleadings, reasserting its claims from the initial motion and arguing that, because the Airport EO facially discriminated against the United States, the federal government had suffered a cognizable injury and therefore had standing to sue.

On March 30, 2023, the court granted in part the DOJ’s motion. The court began its opinion with history relevant to the issues in the case. After the United States entered World War II on December 7, 1941, the federal government federalized a number of properties across the country in preparation for war, including Boeing Field. In May of 1948, with WWII over, the U.S. no longer had need of the airport and transferred it to King County. The transfer of the airport bound both parties in a contract that included a series of permanent agreements. 

The court then determined that the issue in the case was whether the Airport EO had violated the contract between the parties. The court held that it did, concluding that the Airport EO violated both the contractual rights reserved to the U.S. and the contractual rights reserved for the public. The court held that the Airport EO was invalid and enjoined enforcement of the order. The court denied the DOJ’s pending motion for prospective injunctive relief, asserting that the declaratory relief in its order was satisfactory enough. 2023 WL 2711846. The following day, the court entered judgment in favor of the United States.

This case is now closed. 

Summary Authors

Rhea Sharma (4/25/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16827038/parties/united-states-v-king-county-washington/


Judge(s)

Bryan, Robert Jensen (Washington)

Attorney for Plaintiff
Attorney for Defendant

Ballinger, Kristin Elizabeth (Washington)

Barnes, Timothy P (Washington)

Burman, Ashley D. (Washington)

Cramer, Shane Patrick (Washington)

Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document
1

2:20-cv-00203

Complaint

Feb. 10, 2020

Feb. 10, 2020

Complaint
26

2:20-cv-00203

Order on Plaintiff's Motion for Judgment on the Pleadings

May 27, 2020

May 27, 2020

Order/Opinion

2020 WL 2020

93

2:20-cv-00203

Order on United States’ Motion for Judgment on the Pleadings and the Parties’ Cross Motions for Summary Judgment

March 30, 2023

March 30, 2023

Order/Opinion

2023 WL 2023

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16827038/united-states-v-king-county-washington/

Last updated March 10, 2024, 4:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against defendant(s) Dow Constantine, King County, Washington Attorney Michael J Gerardi added to party United States of America(pty:pla), filed by United States of America. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Summons Summons (King County), # 4 Summons Summons (Constantine), # 5 Civil Cover Sheet)(Gerardi, Michael) (No Fee Required) (Entered: 02/10/2020)

1 Exhibit A

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2 Exhibit B

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3 Summons Summons (King County)

View on RECAP

4 Summons Summons (Constantine)

View on RECAP

5 Civil Cover Sheet

View on RECAP

Feb. 10, 2020

Feb. 10, 2020

Clearinghouse

Add and Terminate Judges

Feb. 11, 2020

Feb. 11, 2020

PACER

Judge Robert J. Bryan added. (GT)

Feb. 11, 2020

Feb. 11, 2020

PACER
2

Summonses Electronically Issued as to defendants King County Washington and Dow Constantine. (Attachments: # 1 Summons)(GT) (Entered: 02/11/2020)

1 Summons

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Feb. 11, 2020

Feb. 11, 2020

RECAP
3

PRAECIPE TO ISSUE SUMMONS re 1 Complaint, Corrected Summonses for Defendants King County and Dow Constantine by Plaintiff United States of America (Attachments: # 1 Summons (King County), # 2 Summons (Constantine))(Gerardi, Michael) (Entered: 02/12/2020)

1 Summons (King County)

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2 Summons (Constantine)

View on RECAP

Feb. 12, 2020

Feb. 12, 2020

RECAP
4

Summons(es) Electronically Issued as to defendant(s) Dow Constantine, King County Washington (Attachments: # 1 Summons)(GMR) (Entered: 02/12/2020)

1 Summons

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Feb. 12, 2020

Feb. 12, 2020

RECAP
5

DECLARATION of Service of Summons in a Civil Action (King County) re 4 Summons Issued by Plaintiff United States of America (Gerardi, Michael) (Entered: 02/20/2020)

Feb. 20, 2020

Feb. 20, 2020

PACER
6

DECLARATION of Service of Summons in a Civil Action (Constantine) re 4 Summons Issued by Plaintiff United States of America (Gerardi, Michael) (Entered: 02/20/2020)

Feb. 20, 2020

Feb. 20, 2020

PACER
7

NOTICE of Appearance by attorney Timothy G Leyh on behalf of Defendants Dow Constantine, King County Washington. (Leyh, Timothy) (Entered: 02/21/2020)

Feb. 21, 2020

Feb. 21, 2020

PACER

Attorney Kristin Elizabeth Ballinger and Shane Patrick Cramer for Dow Constantine and King County Washington added; per 7 Notice of Appearance. (STP)

Feb. 21, 2020

Feb. 21, 2020

PACER
8

NOTICE of Hearing: Telephone Conference set for 2/26/2020 at 11:00 AM before Judge Robert J. Bryan. (TC) (Entered: 02/24/2020)

Feb. 24, 2020

Feb. 24, 2020

PACER

Notice of Hearing

Feb. 24, 2020

Feb. 24, 2020

PACER
9

MINUTE ENTRY for proceedings held before Judge Robert J. Bryan- Dep Clerk: Tyler Campbell; Pla Counsel: Michael Gerardi, Jacqueline Snead; Def Counsel: Timothy Leyh, Shane Cramer; CR: Barry Fanning; Time of Hearing: 11:00; Telephone Conference held on 2/26/2020. Case schedule discussed. Court to issue initial orders. (TC) (Entered: 02/26/2020)

Feb. 26, 2020

Feb. 26, 2020

PACER

Add and Terminate Attorneys

Feb. 26, 2020

Feb. 26, 2020

PACER

Telephone Conference

Feb. 26, 2020

Feb. 26, 2020

PACER

Motion Calendar

Feb. 26, 2020

Feb. 26, 2020

PACER
10

ORDER REGARDING DISCOVERY AND DEPOSITIONS. Authorized by Judge Robert J. Bryan. (JL) (Entered: 02/26/2020)

Feb. 26, 2020

Feb. 26, 2020

RECAP
11

ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT. FRCP 26f Conference Deadline is 3/27/2020, Initial Disclosure Deadline is 4/3/2020, Joint Status Report due by 4/17/2020. Authorized by Judge Robert J. Bryan. (JL) (Entered: 02/26/2020)

Feb. 26, 2020

Feb. 26, 2020

RECAP

JSR due 4/17/2020. (JL)

Feb. 26, 2020

Feb. 26, 2020

PACER
12

NOTICE of Appearance by attorney Timothy P Barnes on behalf of Defendants Dow Constantine, King County Washington. (Barnes, Timothy) (Entered: 03/03/2020)

March 3, 2020

March 3, 2020

PACER
13

ANSWER to 1 Complaint, by Dow Constantine, King County Washington.(Cramer, Shane) (Entered: 03/05/2020)

March 5, 2020

March 5, 2020

RECAP
14

DEMAND for JURY TRIAL by Defendants Dow Constantine, King County Washington (Cramer, Shane) (Entered: 03/16/2020)

March 16, 2020

March 16, 2020

PACER

Add and Terminate Attorneys

March 16, 2020

March 16, 2020

PACER

Attorney H Kevin Wright added for Dow Constantine and King County Washington, per 13 Answer to Complaint. (GMR)

March 16, 2020

March 16, 2020

PACER
15

MOTION for Judgment on the Pleadings, filed by Plaintiff United States of America. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 5/8/2020, (Gerardi, Michael) (Entered: 04/16/2020)

1 Proposed Order

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April 16, 2020

April 16, 2020

RECAP
16

MOTION to Stay Discovery Pending a Ruling on the Plaintiff's Motion for Judgment on the Pleadings 15, filed by Plaintiff United States of America. (Attachments: # 1 Proposed Order) Noting Date 4/24/2020, (Gerardi, Michael) (Entered: 04/16/2020)

April 16, 2020

April 16, 2020

PACER
17

JOINT STATUS REPORT signed by all parties. Estimated Trial Days: 6-8. Filed by Plaintiff United States of America.(Gerardi, Michael) (Entered: 04/17/2020)

April 17, 2020

April 17, 2020

RECAP
18

MINUTE ORDER SETTING TRIAL AND PRETRIAL DATES; Length of Trial: *EIGHT DAYS*. Jury Trial is set for 2/16/2021 at 09:30 AM in Courtroom A before Judge Robert J. Bryan. Joinder of Parties due by 5/20/2020, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 8/19/2020, Motions due by 9/28/2020, Discovery completed by 10/19/2020, Dispositive motions due by 11/17/2020, Motions in Limine due by 1/19/2021, Pretrial Order due by 1/29/2021, Pretrial Conference set for 2/5/2021 at 08:30 AM in Courtroom A before Judge Robert J. Bryan. Trial briefs to be submitted by 2/5/2021, Proposed voir dire/jury instructions due by 2/5/2021. s/Tyler Campbell, as directed by Judge Robert J. Bryan. (TC) (Entered: 04/20/2020)

April 20, 2020

April 20, 2020

RECAP
19

RESPONSE, by Defendants Dow Constantine, King County Washington, to 16 MOTION to Stay Discovery Pending a Ruling on the Plaintiff's Motion for Judgment on the Pleadings 15 . (Attachments: # 1 Proposed Order)(Cramer, Shane) (Entered: 04/22/2020)

1 Proposed Order

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April 22, 2020

April 22, 2020

RECAP
20

REPLY, filed by Plaintiff United States of America, TO RESPONSE to 16 MOTION to Stay Discovery Pending a Ruling on the Plaintiff's Motion for Judgment on the Pleadings 15 (Gerardi, Michael) (Entered: 04/24/2020)

April 24, 2020

April 24, 2020

RECAP
21

ORDER ON PLAINTIFF'S MOTION TO STAY DISCOVERY, denying 16 Motion to Stay. Signed by Judge Robert J. Bryan. (JL) (Entered: 04/27/2020)

April 27, 2020

April 27, 2020

RECAP
22

RESPONSE, by Defendants Dow Constantine, King County Washington, to 15 MOTION for Judgment on the Pleadings . (Attachments: # 1 Proposed Order)(Cramer, Shane) (Entered: 05/04/2020)

1 Proposed Order

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May 4, 2020

May 4, 2020

RECAP
23

REPLY, filed by Plaintiff United States of America, TO RESPONSE to 15 MOTION for Judgment on the Pleadings (Gerardi, Michael) (Entered: 05/08/2020)

May 8, 2020

May 8, 2020

RECAP
24

NOTICE of Hearing on Motion re 15 MOTION for Judgment on the Pleadings: Telephonic Motion Hearing set for 5/22/2020 at 11:00 AM before Judge Robert J. Bryan. (TC) (Entered: 05/14/2020)

May 14, 2020

May 14, 2020

PACER

Notice of Hearing on Motion

May 14, 2020

May 14, 2020

PACER
25

MINUTE ENTRY for proceedings held before Judge Robert J. Bryan- Dep Clerk: Tyler Campbell; Pla Counsel: Michael Gerardi; Def Counsel: Shane Cramer; CR: Angela Nicolavo; Time of Hearing: 11:00; Telephonic Motion Hearing held on 5/22/2020 re 15 MOTION for Judgment on the Pleadings filed by United States of America. Argument by counsel. Order to be issued. (TC) (Entered: 05/22/2020)

May 22, 2020

May 22, 2020

PACER

Motion Hearing

May 22, 2020

May 22, 2020

PACER
26

ORDER ON PLAINTIFF'S MOTION FOR JUDGMENT ON THE PLEADINGS, denying 15 Motion for Judgment on the Pleadings. Signed by Judge Robert J. Bryan. (JL) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

Clearinghouse
27

STIPULATION AND PROPOSED ORDER Regarding Discovery of Electronically Stored Information (Draft) by parties (Gerardi, Michael) (Entered: 06/16/2020)

June 16, 2020

June 16, 2020

RECAP
28

AGREEMENT REGARDING DISCOVERY OF ELECTRONICALLY STORED INFORMATION AND ORDER, re 27 Stipulation filed by United States of America. Signed by Judge Robert J. Bryan. (JL) (Entered: 06/17/2020)

June 17, 2020

June 17, 2020

PACER
29

Stipulated MOTION to Extend the Rule 26(a)(2) Deadline, filed by Plaintiff United States of America. Noting Date 8/13/2020, (Gerardi, Michael) (Entered: 08/13/2020)

Aug. 13, 2020

Aug. 13, 2020

RECAP
30

JOINT STIPULATION FOR RELIEF FROM THE COURT'S CURRENT DEADLINE FOR DISCLOSURE OF EXPERT DISCOVERY PURSUANT TO FRCP 26(a)(2). Signed by Judge Robert J. Bryan. (JL) (Entered: 08/14/2020)

Aug. 14, 2020

Aug. 14, 2020

PACER
31

Stipulated MOTION For Modification of Minute Order Setting Trial and Pretrial Dates, filed by Plaintiff United States of America. Noting Date 8/31/2020, (Gerardi, Michael) (Entered: 08/31/2020)

Aug. 31, 2020

Aug. 31, 2020

RECAP
32

ORDER granting 31 Stipulated Motion signed by Judge Robert J. Bryan. Jury Trial is RESET for 7/19/2021 at 09:30 AM in Courtroom A before Judge Robert J. Bryan. Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 1/20/2021, Motions due by 3/1/2021, Discovery completed by 3/22/2021, Dispositive motions due by 4/20/2021, Motions in Limine due by 6/21/2021, Pretrial Order due by 7/2/2021, Pretrial Conference set for 7/9/2021 at 08:30 AM in Courtroom A before Judge Robert J. Bryan. Trial briefs to be submitted by 7/9/2021, Proposed voir dire/jury instructions due by 7/9/2021. (TC) (Entered: 09/01/2020)

Sept. 1, 2020

Sept. 1, 2020

RECAP
33

Second Stipulated MOTION For Modiciation Of Minute Order Setting Trial and Pretrial Dates and Proposed Order, filed by Plaintiff United States of America. Noting Date 1/15/2021, (Gerardi, Michael) (Entered: 01/15/2021)

Jan. 15, 2021

Jan. 15, 2021

PACER
34

ORDER granting 33 Stipulated Motion Jury Trial is set for 11/8/2021 at 09:30 AM in Courtroom A before Judge Robert J. Bryan. Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 5/25/2021, Motions due by 7/15/2021, Discovery completed by 7/30/2021, Dispositive motions due by 8/5/2021, Motions in Limine due by 10/7/2021, Pretrial Order due by 10/18/2021, Pretrial Conference set for 10/29/2021 at 08:30 AM in Courtroom A before Judge Robert J. Bryan. Trial briefs to be submitted by 10/29/2021, Proposed voir dire/jury instructions due by 10/29/2021. Signed by Judge Robert J. Bryan. (JL) (Entered: 01/15/2021)

Jan. 15, 2021

Jan. 15, 2021

RECAP
35

Stipulated MOTION for Protective Order, filed by Plaintiff United States of America. (Attachments: # 1 Exhibit A, # 2 Exhibit B) Noting Date 3/5/2021, (Gerardi, Michael) (Entered: 03/05/2021)

March 5, 2021

March 5, 2021

PACER
36

Stipulated MOTION for Protective Order (Correcting Typographic Errors in ECF 35), filed by Plaintiff United States of America. (Attachments: # 1 Exhibit A, # 2 Exhibit B) Noting Date 3/5/2021, (Gerardi, Michael) (Entered: 03/05/2021)

March 5, 2021

March 5, 2021

PACER
37

STIPULATED PROTECTIVE ORDER re 35 Stipulated MOTION for Protective Order & 36 Stipulated MOTION for Protective Order (Correcting Typographic Errors in ECF 35). Signed by Judge Robert J. Bryan. (JL) (Entered: 03/08/2021)

March 8, 2021

March 8, 2021

RECAP
38

Stipulated MOTION FOR MODIFICATION OF MINUTE ORDER SETTING TRIAL AND PRETRIAL DATES AND [PROPOSED] ORDER, filed by Plaintiff United States of America. Noting Date 5/21/2021, (Gerardi, Michael) (Entered: 05/21/2021)

May 21, 2021

May 21, 2021

PACER
39

ORDER granting 38 Stipulated Motion for Modification of Minute Order Setting Trial and Pretrial Dates. Jury Trial is set for 6/13/2022 at 09:30 AM in Courtroom A before Judge Robert J. Bryan. Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 12/28/2021, Motions due by 2/17/2022, Discovery completed by 3/4/2022, Dispositive motions due by 3/10/2022, Motions in Limine due by 5/12/2022, Pretrial Order due by 5/23/2022, Pretrial Conference set for 6/3/2022 at 08:30 AM in Courtroom A before Judge Robert J. Bryan. Trial briefs to be submitted by 6/3/2022, Proposed voir dire/jury instructions due by 6/3/2022. Signed by Judge Robert J. Bryan.(JL) (Entered: 05/21/2021)

May 21, 2021

May 21, 2021

PACER
40

Stipulated MOTION for Modification of Minute Order Setting Trial and Pretrial Dates and [Proposed] Order, filed by Plaintiff United States of America. Noting Date 12/17/2021, (Gerardi, Michael) (Entered: 12/17/2021)

Dec. 17, 2021

Dec. 17, 2021

PACER
41

ORDER granting 40 Stipulated MOTION for Modification of Minute Order Setting Trial and Pretrial Dates and [Proposed] Order. Jury Trial is set for 11/14/2022 at 09:30 AM in Courtroom A before Judge Robert J. Bryan. Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 5/20/2022, Motions due by 7/15/2022, Discovery completed by 8/8/2022, Dispositive motions due by 8/29/2022, Motions in Limine due by 10/13/2022, Pretrial Order due by 10/24/2022, Pretrial Conference set for 11/4/2022 at 08:30 AM in Courtroom A before Judge Robert J. Bryan. Trial briefs to be submitted by 11/4/2022, Proposed voir dire/jury instructions due by 11/4/2022. Signed by Judge Robert J. Bryan. (JL) (Main Document 41 replaced on 12/17/2021; corrected document removes the word PROPOSED in the ORDER section .) (JL). (Entered: 12/17/2021)

Dec. 17, 2021

Dec. 17, 2021

PACER
42

NOTICE of Corrected Image/Document re 41 Order on Stipulated Motion. Correction is the removal of the word PROPOSED in the ORDER section (Service of corrected image is attached). (JL) (Entered: 12/17/2021)

Dec. 17, 2021

Dec. 17, 2021

PACER
43

NOTICE OF WITHDRAWAL OF COUNSEL: Attorney H Kevin Wright for Defendants Dow Constantine, King County Washington. (Cramer, Shane) (Entered: 12/22/2021)

Dec. 22, 2021

Dec. 22, 2021

RECAP
44

NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Kristin Elizabeth Ballinger for Defendants Dow Constantine, King County Washington. (Cramer, Shane) (Entered: 01/05/2022)

Jan. 5, 2022

Jan. 5, 2022

PACER
45

Stipulated MOTION for Modification of Minute Order Setting Trial and Pretrial Dates and [Proposed] Order, filed by Defendants Dow Constantine, King County Washington. Noting Date 5/20/2022, (Cramer, Shane) (Entered: 05/20/2022)

May 20, 2022

May 20, 2022

RECAP
46

ORDER granting 45 Stipulated MOTION for Modification of Minute Order Setting Trial and Pretrial Dates and [Proposed] Order. Jury Trial is set for 3/20/2023 at 09:30 AM in Courtroom A before Judge Robert J. Bryan. Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 10/14/2022, Motions due by 11/3/2022, Discovery completed by 12/19/2022, Dispositive motions due by 1/5/2023, Motions in Limine due by 2/23/2023, Pretrial Order due by 3/3/2023, Pretrial Conference set for 3/10/2023 at 08:30 AM in Courtroom A before Judge Robert J. Bryan. Trial briefs to be submitted by 3/10/2023, Proposed voir dire/jury instructions due by 3/10/2023. Signed by Judge Robert J. Bryan. (JL) (Entered: 05/23/2022)

May 23, 2022

May 23, 2022

PACER
47

NOTICE of Appearance by attorney Ariel A Martinez on behalf of Defendants Dow Constantine, King County Washington. (Martinez, Ariel) (Entered: 06/06/2022)

June 6, 2022

June 6, 2022

PACER
48

NOTICE of Appearance by attorney Benjamin Takemoto on behalf of Plaintiff United States of America. (Takemoto, Benjamin) (Entered: 06/06/2022)

June 6, 2022

June 6, 2022

PACER
49

MOTION to Amend 46 Order on Stipulated Motion,,, Set/Reset Trial Date and Related Deadlines,,,, filed by Defendants Dow Constantine, King County Washington. (Attachments: # 1 Proposed Order) Noting Date 10/28/2022, (Martinez, Ariel) (Entered: 10/13/2022)

1 Proposed Order

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Oct. 13, 2022

Oct. 13, 2022

RECAP
50

DECLARATION of Ariel A. Martinez filed by Defendants Dow Constantine, King County Washington re 49 MOTION to Amend 46 Order on Stipulated Motion,,, Set/Reset Trial Date and Related Deadlines,,, (Attachments: # 1 Exhibit A)(Martinez, Ariel) (Entered: 10/13/2022)

Oct. 13, 2022

Oct. 13, 2022

PACER
51

Stipulated MOTION FOR MODIFICATION OF MINUTE ORDER SETTING EXPERT TESTIMONY DISCLOSURE DEADLINE, filed by Defendants Dow Constantine, King County Washington. Noting Date 10/13/2022, (Martinez, Ariel) (Entered: 10/13/2022)

Oct. 13, 2022

Oct. 13, 2022

RECAP
52

ORDER granting 51 Stipulated MOTION FOR MODIFICATION OF MINUTE ORDER SETTING EXPERT TESTIMONY DISCLOSURE DEADLINE. Signed by Judge Robert J. Bryan. (JL) (Entered: 10/17/2022)

Oct. 17, 2022

Oct. 17, 2022

PACER
53

NOTICE of Appearance by attorney Al Roundtree on behalf of Movant GEO Group Inc.. (Roundtree, Al) (Entered: 10/27/2022)

Oct. 27, 2022

Oct. 27, 2022

PACER
54

MOTION for Protective Order and to Quash or Modify Subpoenas, filed by Movant GEO Group Inc.. (Attachments: # 1 Proposed Order) Noting Date 11/4/2022, (Roundtree, Al) (Entered: 10/27/2022)

Oct. 27, 2022

Oct. 27, 2022

PACER
55

DECLARATION of Spencer Winepol filed by Movant GEO Group Inc. re 54 MOTION for Protective Order and to Quash or Modify Subpoenas (Roundtree, Al) (Entered: 10/27/2022)

Oct. 27, 2022

Oct. 27, 2022

PACER
56

DECLARATION of Al Roundtree filed by Movant GEO Group Inc. re 54 MOTION for Protective Order and to Quash or Modify Subpoenas (Roundtree, Al) (Entered: 10/27/2022)

Oct. 27, 2022

Oct. 27, 2022

PACER
57

REPLY, filed by Defendants Dow Constantine, King County Washington, TO RESPONSE to 49 MOTION to Amend 46 Order on Stipulated Motion,,, Set/Reset Trial Date and Related Deadlines,,, (Cramer, Shane) (Entered: 10/28/2022)

Oct. 28, 2022

Oct. 28, 2022

PACER
58

NOTICE of Change of Address/Change of Name of Attorney Timothy P Barnes. Filed by Defendant King County Washington. (Barnes, Timothy) (Entered: 10/28/2022)

Oct. 28, 2022

Oct. 28, 2022

PACER
59

NOTICE of Change of Address/Change of Name of Attorney Timothy P Barnes. Filed by Defendant King County Washington. (Barnes, Timothy) (Entered: 10/28/2022)

Oct. 28, 2022

Oct. 28, 2022

PACER
60

ORDER GRANTING DEFENDANTS' MOTION TO MODIFY CASE SCHEDULE, granting 49 Motion to Amend. Jury Trial is set for 7/24/2023 at 09:30 AM in Courtroom A before Judge Robert J. Bryan. Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 2/14/2023, Motions due by 3/3/2023, Discovery completed by 4/3/2023, Dispositive motions due by 5/5/2023, Motions in Limine due by 6/23/2023, Pretrial Order due by 6/7/2023, Pretrial Conference set for 7/13/2023 at 08:30 AM in Courtroom A before Judge Robert J. Bryan. Trial briefs to be submitted by 7/12/2023, Proposed voir dire/jury instructions due by 7/12/2023. Signed by Judge Robert J. Bryan. (JL) (Entered: 10/31/2022)

Oct. 31, 2022

Oct. 31, 2022

PACER
61

RESPONSE, by Defendants Dow Constantine, King County Washington, to 54 MOTION for Protective Order and to Quash or Modify Subpoenas. (Attachments: # 1 Proposed Order)(Martinez, Ariel) (Entered: 11/02/2022)

Nov. 2, 2022

Nov. 2, 2022

PACER
62

DECLARATION of Ariel A. Martinez filed by Defendants Dow Constantine, King County Washington re 54 MOTION for Protective Order and to Quash or Modify Subpoenas (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Martinez, Ariel) (Entered: 11/02/2022)

Nov. 2, 2022

Nov. 2, 2022

PACER
63

REPLY, filed by Movant GEO Group Inc., TO RESPONSE to 54 MOTION for Protective Order and to Quash or Modify Subpoenas (Roundtree, Al) (Entered: 11/04/2022)

Nov. 4, 2022

Nov. 4, 2022

PACER
64

DECLARATION of Spencer Winepol filed by Movant GEO Group Inc. re 54 MOTION for Protective Order and to Quash or Modify Subpoenas (Roundtree, Al) (Entered: 11/04/2022)

Nov. 4, 2022

Nov. 4, 2022

PACER
65

ORDER ON NON-PARTY GEO GROUP'S MOTION TO QUASH OR MODIFY SUBPOENAS AND FOR PROTECTIVE ORDER, denying 54 Motion for Protective Order. Signed by Judge Robert J. Bryan. (JL) (Entered: 11/09/2022)

Nov. 9, 2022

Nov. 9, 2022

RECAP
66

Stipulated MOTION FOR MINUTE ORDER SETTING SUMMARY JUDGMENT BRIEFING SCHEDULE, filed by Defendants Dow Constantine, King County Washington. Noting Date 11/21/2022, (Martinez, Ariel) (Entered: 11/21/2022)

Nov. 21, 2022

Nov. 21, 2022

PACER
67

STIPULATION FOR MINUTE ORDER SETTING SUMMARY JUDGMENT BRIEFING SCHEDULE AND ORDER, granting 66 Stipulated MOTION FOR MINUTE ORDER SETTING SUMMARY JUDGMENT BRIEFING SCHEDULE. Signed by Judge Robert J. Bryan. (JL) (Entered: 11/21/2022)

Nov. 21, 2022

Nov. 21, 2022

RECAP
68

NOTICE of Appearance by attorney Bradley Humphreys on behalf of Plaintiff United States of America. (Humphreys, Bradley) (Entered: 12/14/2022)

Dec. 14, 2022

Dec. 14, 2022

PACER
69

MOTION for Judgment on the Pleadings, or, in the Alternative, for Summary Judgment, filed by Plaintiff United States of America. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 2/15/2023, (Humphreys, Bradley) (Entered: 12/14/2022)

Dec. 14, 2022

Dec. 14, 2022

RECAP
70

DECLARATION of Bradley Humphreys filed by Plaintiff United States of America re 69 MOTION for Judgment on the Pleadings, or, in the Alternative, for Summary Judgment (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit)(Humphreys, Bradley) (Entered: 12/14/2022)

Dec. 14, 2022

Dec. 14, 2022

PACER
71

NOTICE of Appearance by attorney Ashley Burman on behalf of Defendants Dow Constantine, King County Washington. (Burman, Ashley) (Entered: 01/11/2023)

Jan. 11, 2023

Jan. 11, 2023

PACER
72

CROSS MOTION AND RESPONSE re 66 Stipulated MOTION FOR MINUTE ORDER SETTING SUMMARY JUDGMENT BRIEFING SCHEDULE, 69 MOTION for Judgment on the Pleadings, or, in the Alternative, for Summary Judgment, filed by Defendants Dow Constantine, King County Washington. (Attachments: # 1 Proposed Order) Noting Date 2/15/2023, (Cramer, Shane) (Entered: 01/11/2023)

1 Proposed Order

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Jan. 11, 2023

Jan. 11, 2023

RECAP
73

DECLARATION of Shane P. Cramer filed by Defendants Dow Constantine, King County Washington re 72 CROSS MOTION AND RESPONSE re 66 Stipulated MOTION FOR MINUTE ORDER SETTING SUMMARY JUDGMENT BRIEFING SCHEDULE, 69 MOTION for Judgment on the Pleadings, or, in the Alternative, for Summary Judgment (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20)(Cramer, Shane) (Entered: 01/11/2023)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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9 Exhibit 9

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10 Exhibit 10

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11 Exhibit 11

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12 Exhibit 12

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13 Exhibit 13

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14 Exhibit 14

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15 Exhibit 15

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16 Exhibit 16

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17 Exhibit 17

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18 Exhibit 18

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19 Exhibit 19

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20 Exhibit 20

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Jan. 11, 2023

Jan. 11, 2023

RECAP
74

RESPONSE, by Plaintiff United States of America, to 72 CROSS MOTION AND RESPONSE re 66 Stipulated MOTION FOR MINUTE ORDER SETTING SUMMARY JUDGMENT BRIEFING SCHEDULE, 69 MOTION for Judgment on the Pleadings, or, in the Alternative, for Summary Judgment, 69 MOTION for Judgment on the Pleadings, or, in the Alternative, for Summary Judgment. Oral Argument Requested. (Humphreys, Bradley) (Entered: 02/01/2023)

Feb. 1, 2023

Feb. 1, 2023

PACER
75

Second DECLARATION of Bradley P. Humphreys filed by Plaintiff United States of America re 72 CROSS MOTION AND RESPONSE re 66 Stipulated MOTION FOR MINUTE ORDER SETTING SUMMARY JUDGMENT BRIEFING SCHEDULE, 69 MOTION for Judgment on the Pleadings, or, in the Alternative, for Summary Judgment, 69 MOTION for Judgment on the Pleadings, or, in the Alternative, for Summary Judgment (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit)(Humphreys, Bradley) (Entered: 02/01/2023)

Feb. 1, 2023

Feb. 1, 2023

PACER
76

REPLY, filed by All Defendants, TO RESPONSE to 72 CROSS MOTION AND RESPONSE re 66 Stipulated MOTION FOR MINUTE ORDER SETTING SUMMARY JUDGMENT BRIEFING SCHEDULE, 69 MOTION for Judgment on the Pleadings, or, in the Alternative, for Summary Judgment (Cramer, Shane) (Entered: 02/15/2023)

Feb. 15, 2023

Feb. 15, 2023

PACER
77

Supplemental DECLARATION of Shane P. Cramer filed by All Defendants re 72 CROSS MOTION AND RESPONSE re 66 Stipulated MOTION FOR MINUTE ORDER SETTING SUMMARY JUDGMENT BRIEFING SCHEDULE, 69 MOTION for Judgment on the Pleadings, or, in the Alternative, for Summary Judgment (Attachments: # 1 Exhibit 21, # 2 Exhibit 22, # 3 Exhibit 23, # 4 Exhibit 24, # 5 Exhibit 25)(Cramer, Shane) (Entered: 02/15/2023)

Feb. 15, 2023

Feb. 15, 2023

PACER
78

NOTICE of Intent to File a Surreply re 76 Reply to Response to Motion, ; filed by Plaintiff United States of America. (Takemoto, Benjamin) (Entered: 02/17/2023)

Feb. 17, 2023

Feb. 17, 2023

PACER
79

SURREPLY filed by Plaintiff United States of America re 72 CROSS MOTION AND RESPONSE re 66 Stipulated MOTION FOR MINUTE ORDER SETTING SUMMARY JUDGMENT BRIEFING SCHEDULE, 69 MOTION for Judgment on the Pleadings, or, in the Alternative, for Summary Judgment (Humphreys, Bradley) (Entered: 02/21/2023)

Feb. 21, 2023

Feb. 21, 2023

PACER
80

NOTICE of Hearing on Motion re 69 MOTION for Judgment on the Pleadings and 72 CROSS MOTION AND RESPONSE: Motion Hearing set for 3/21/2023 at 09:30 AM in Courtroom A before Judge Robert J. Bryan. (TC) (Entered: 02/23/2023)

Feb. 23, 2023

Feb. 23, 2023

PACER

Notice of Hearing on Motion

Feb. 23, 2023

Feb. 23, 2023

PACER
81

Stipulated MOTION FOR MODIFICATION OF ORDER GRANTING DEFENDANTS' MOTION TO MODIFY CASE SCHEDULE, filed by Plaintiff United States of America. Noting Date 3/2/2023, (Humphreys, Bradley) (Entered: 03/02/2023)

March 2, 2023

March 2, 2023

PACER
82

ORDER granting 81 Stipulated MOTION FOR MODIFICATION OF ORDER GRANTING DEFENDANTS' MOTION TO MODIFY CASE SCHEDULE signed by Judge Robert J. Bryan. Motions due by 3/9/2023. (TC) (Entered: 03/02/2023)

March 2, 2023

March 2, 2023

RECAP
83

MINUTE ORDER re: 80 Notice of Hearing on Motion. Authorized by Judge Robert J. Bryan. (JL) (Entered: 03/06/2023)

March 6, 2023

March 6, 2023

PACER
84

Stipulated MOTION FOR EXTENSION OF TIME TO FILE ALL MOTIONS RELATED TO DISCOVERY, filed by Plaintiff United States of America. Noting Date 3/9/2023, (Humphreys, Bradley) (Entered: 03/09/2023)

March 9, 2023

March 9, 2023

PACER
85

ORDER granting 84 Stipulated MOTION FOR EXTENSION OF TIME TO FILE ALL MOTIONS RELATED TO DISCOVERY. Discovery Motions due by 3/16/2023. Signed by Judge Robert J. Bryan. (JL) (Entered: 03/09/2023)

March 9, 2023

March 9, 2023

PACER
86

ORDER ON UNITED STATES' MOTION TO STRIKE AND REGARDING PROPOSED ORDER, denying motion to strike contained in 79 Surreply, filed by United States of America. Signed by Judge Robert J. Bryan. (Attachments: # 1 Proposed Order on Cross Motions (unsigned))(JL) (Entered: 03/14/2023)

1 Proposed Order on Cross Motions (unsigned)

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March 14, 2023

March 14, 2023

RECAP
87

Stipulated MOTION FOR EXTENSION OF TIME TO FILE ALL MOTIONS RELATED TO DISCOVERY, filed by Plaintiff United States of America. Noting Date 3/16/2023, (Gerardi, Michael) (Entered: 03/16/2023)

March 16, 2023

March 16, 2023

PACER

Case Details

State / Territory: Washington

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Feb. 10, 2020

Closing Date: March 20, 2023

Case Ongoing: No

Plaintiffs

Plaintiff Description:

United States of America

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

King County (King), County

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Declaratory Judgment Act, 28 U.S.C. § 2201

All Writs Act, 28 U.S.C. § 1651

Constitutional Clause(s):

Supremacy Clause

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Declaratory Judgment

Source of Relief:

Litigation