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

Case Ongoing

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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 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. 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.

Over the course of the next year and a half, the parties commenced discovery. Jury trial for the case was set and reset, ultimately being set for July 24, 2023.

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 January 11, 2023, the defendants filed a cross motion for judgment on the pleadings, noting that the Airport EO was a valid exercise of the County’s Tenth Amendments constitutional rights, that the plaintiffs still did not have standing, among other arguments.

On March 30, 2023, the court granted in part the DOJ’s motion, and denied the cross 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. 666 F.Supp.3d 1134. The following day, the court entered judgment in favor of the United States.

Following the court’s judgment, on April 21, 2023, the plaintiffs filed a motion for bill of costs, and King County was ultimately ordered to pay $7,867.92.

On May 22, 2023, the defendants appealed the court’s March 30 order on the motion for judgment on the pleadings to the Ninth Circuit. On appeal, following briefings on the matter, oral arguments were held on July 9, 2024.

The appellate court then rendered its opinion on November 29, 2024, affirming the district court’s opinion that the Airport EO violated both the Supremacy Clause and a World War II-era contract reconveying Boeing Field to King County. The Ninth Circuit noted that the US did have standing to bring the suit, as the government suffered a de facto injury given the inability to conduct the charter flights, which was traceable to the Airport EO. The appellate court then held that the EO improperly regulated the way the federal government transported noncitizen detainees by preventing ICE from using Boeing Field, and (2) discriminated against the United States by singling out the federal government and its contractors for unfavorable treatment.122 F.4th 740.

The Ninth Circuit judgment was brought down to the district court on January 21, 2025. Since then, there have been no new developments in the case.

Summary Authors

Rhea Sharma (4/25/2023)

Kavitha Babu (4/3/2025)

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

AT, McKaye Lea

Attorney for Defendant

Attorney, Timothy G.

Ballinger, Kristin Elizabeth (Washington)

Barnes, Timothy P (Washington)

Expert/Monitor/Master/Other

Judge(s)

Bryan, Robert Jensen (Washington)

Attorney for Plaintiff

AT, McKaye Lea

Gerardi, Michael J. (Washington)

Humphreys, Bradley P. (Washington)

Stern, Mark B.

Takemoto, Benjamin Thomas (Washington)

Attorney for Defendant

Attorney, Timothy G.

Ballinger, Kristin Elizabeth (Washington)

Barnes, Timothy P (Washington)

Burman, Ashley D (Washington)

Cramer, Shane Patrick (Washington)

Leyh, Timothy G (Washington)

Martinez, Ariel A (Washington)

Mathena, Caleb T.

Wright, H. Kevin (Washington)

Other

Roundtree, Al (Washington)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

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 2745745
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 2711846

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Docket

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

Last updated July 7, 2026, 6:16 a.m.

ECF Number	Date	Description	Link
1	Feb. 10, 2020	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 View on RECAP 2 Exhibit B View on RECAP 3 Summons Summons (King County) View on RECAP 4 Summons Summons (Constantine) View on RECAP 5 Civil Cover Sheet View on RECAP	Clearinghouse
2	Feb. 11, 2020	Summonses Electronically Issued as to defendants King County Washington and Dow Constantine. (Attachments: # 1 Summons)(GT) (Entered: 02/11/2020) 1 Summons View on RECAP	RECAP
	Feb. 11, 2020	Add and Terminate Judges
	Feb. 11, 2020	Judge Robert J. Bryan added. (GT)
3	Feb. 12, 2020	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) View on RECAP 2 Summons (Constantine) View on RECAP	RECAP
4	Feb. 12, 2020	Summons(es) Electronically Issued as to defendant(s) Dow Constantine, King County Washington (Attachments: # 1 Summons)(GMR) (Entered: 02/12/2020) 1 Summons View on RECAP	RECAP
5	Feb. 20, 2020	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)	RECAP
6	Feb. 20, 2020	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)	RECAP
7	Feb. 21, 2020	NOTICE of Appearance by attorney Timothy G Leyh on behalf of Defendants Dow Constantine, King County Washington. (Leyh, Timothy) (Entered: 02/21/2020)	RECAP
	Feb. 21, 2020	Add and Terminate Attorneys
	Feb. 21, 2020	Attorney Kristin Elizabeth Ballinger and Shane Patrick Cramer for Dow Constantine and King County Washington added; per 7 Notice of Appearance. (STP)
8	Feb. 24, 2020	NOTICE of Hearing: Telephone Conference set for 2/26/2020 at 11:00 AM before Judge Robert J. Bryan. (TC) (Entered: 02/24/2020)	RECAP
	Feb. 24, 2020	Notice of Hearing
9	Feb. 26, 2020	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)	RECAP
10	Feb. 26, 2020	ORDER REGARDING DISCOVERY AND DEPOSITIONS. Authorized by Judge Robert J. Bryan. (JL) (Entered: 02/26/2020)	RECAP
11	Feb. 26, 2020	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)	RECAP
	Feb. 26, 2020	Add and Terminate Attorneys
	Feb. 26, 2020	Telephone Conference
	Feb. 26, 2020	Motion Calendar
	Feb. 26, 2020	JSR due 4/17/2020. (JL)
12	March 3, 2020	NOTICE of Appearance by attorney Timothy P Barnes on behalf of Defendants Dow Constantine, King County Washington. (Barnes, Timothy) (Entered: 03/03/2020)	RECAP
13	March 5, 2020	ANSWER to 1 Complaint, by Dow Constantine, King County Washington.(Cramer, Shane) (Entered: 03/05/2020)	RECAP
14	March 16, 2020	DEMAND for JURY TRIAL by Defendants Dow Constantine, King County Washington (Cramer, Shane) (Entered: 03/16/2020)	RECAP
	March 16, 2020	Add and Terminate Attorneys
	March 16, 2020	Attorney H Kevin Wright added for Dow Constantine and King County Washington, per 13 Answer to Complaint. (GMR)
15	April 16, 2020	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 View on PACER	RECAP
16	April 16, 2020	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)	RECAP
17	April 17, 2020	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)	RECAP
18	April 20, 2020	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)	RECAP
19	April 22, 2020	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 View on PACER	RECAP
20	April 24, 2020	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)	RECAP
21	April 27, 2020	ORDER ON PLAINTIFF'S MOTION TO STAY DISCOVERY, denying 16 Motion to Stay. Signed by Judge Robert J. Bryan. (JL) (Entered: 04/27/2020)	RECAP
22	May 4, 2020	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 View on PACER	RECAP
23	May 8, 2020	REPLY, filed by Plaintiff United States of America, TO RESPONSE to 15 MOTION for Judgment on the Pleadings (Gerardi, Michael) (Entered: 05/08/2020)	RECAP
24	May 14, 2020	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)	RECAP
	May 14, 2020	Notice of Hearing on Motion
25	May 22, 2020	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)	RECAP
	May 22, 2020	Motion Hearing
26	May 27, 2020	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)	Clearinghouse
27	June 16, 2020	STIPULATION AND PROPOSED ORDER Regarding Discovery of Electronically Stored Information (Draft) by parties (Gerardi, Michael) (Entered: 06/16/2020)	RECAP
28	June 17, 2020	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)	RECAP
29	Aug. 13, 2020	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)	RECAP
30	Aug. 14, 2020	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)	RECAP
31	Aug. 31, 2020	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)	RECAP
32	Sept. 1, 2020	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)	RECAP
33	Jan. 15, 2021	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)	RECAP
34	Jan. 15, 2021	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)	RECAP
35	March 5, 2021	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)	RECAP
36	March 5, 2021	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)	RECAP
37	March 8, 2021	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)	RECAP
38	May 21, 2021	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)	RECAP
39	May 21, 2021	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)	RECAP
40	Dec. 17, 2021	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)	RECAP
41	Dec. 17, 2021	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)	RECAP
42	Dec. 17, 2021	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)	RECAP
43	Dec. 22, 2021	NOTICE OF WITHDRAWAL OF COUNSEL: Attorney H Kevin Wright for Defendants Dow Constantine, King County Washington. (Cramer, Shane) (Entered: 12/22/2021)	RECAP
44	Jan. 5, 2022	NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Kristin Elizabeth Ballinger for Defendants Dow Constantine, King County Washington. (Cramer, Shane) (Entered: 01/05/2022)	RECAP
45	May 20, 2022	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)	RECAP
46	May 23, 2022	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)	RECAP
47	June 6, 2022	NOTICE of Appearance by attorney Ariel A Martinez on behalf of Defendants Dow Constantine, King County Washington. (Martinez, Ariel) (Entered: 06/06/2022)	RECAP
48	June 6, 2022	NOTICE of Appearance by attorney Benjamin Takemoto on behalf of Plaintiff United States of America. (Takemoto, Benjamin) (Entered: 06/06/2022)	RECAP
49	Oct. 13, 2022	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 View on PACER	RECAP
50	Oct. 13, 2022	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)	RECAP
51	Oct. 13, 2022	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)	RECAP
52	Oct. 17, 2022	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)	RECAP
53	Oct. 27, 2022	NOTICE of Appearance by attorney Al Roundtree on behalf of Movant GEO Group Inc.. (Roundtree, Al) (Entered: 10/27/2022)	RECAP
54	Oct. 27, 2022	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)	RECAP
55	Oct. 27, 2022	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)	RECAP
56	Oct. 27, 2022	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)	RECAP
57	Oct. 28, 2022	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)	RECAP
58	Oct. 28, 2022	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)	RECAP
59	Oct. 28, 2022	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)	RECAP
60	Oct. 31, 2022	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)	RECAP
61	Nov. 2, 2022	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)	RECAP
62	Nov. 2, 2022	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)	RECAP
63	Nov. 4, 2022	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)	RECAP
64	Nov. 4, 2022	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)	RECAP
65	Nov. 9, 2022	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)	RECAP
66	Nov. 21, 2022	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)	RECAP
67	Nov. 21, 2022	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)	RECAP
68	Dec. 14, 2022	NOTICE of Appearance by attorney Bradley Humphreys on behalf of Plaintiff United States of America. (Humphreys, Bradley) (Entered: 12/14/2022)	RECAP
69	Dec. 14, 2022	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)	RECAP
70	Dec. 14, 2022	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)	RECAP
71	Jan. 11, 2023	NOTICE of Appearance by attorney Ashley Burman on behalf of Defendants Dow Constantine, King County Washington. (Burman, Ashley) (Entered: 01/11/2023)	RECAP
72	Jan. 11, 2023	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 View on PACER	RECAP
73	Jan. 11, 2023	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 View on PACER 2 Exhibit 2 View on PACER 3 Exhibit 3 View on PACER 4 Exhibit 4 View on PACER 5 Exhibit 5 View on PACER 6 Exhibit 6 View on PACER 7 Exhibit 7 View on PACER 8 Exhibit 8 View on PACER 9 Exhibit 9 View on PACER 10 Exhibit 10 View on PACER 11 Exhibit 11 View on PACER 12 Exhibit 12 View on PACER 13 Exhibit 13 View on PACER 14 Exhibit 14 View on PACER 15 Exhibit 15 View on PACER 16 Exhibit 16 View on PACER 17 Exhibit 17 View on PACER 18 Exhibit 18 View on PACER 19 Exhibit 19 View on PACER 20 Exhibit 20 View on PACER	RECAP
74	Feb. 1, 2023	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)	RECAP
75	Feb. 1, 2023	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)	RECAP
76	Feb. 15, 2023	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)	RECAP
77	Feb. 15, 2023	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)	RECAP
78	Feb. 17, 2023	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)	RECAP
79	Feb. 21, 2023	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)	RECAP
80	Feb. 23, 2023	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)	RECAP
	Feb. 23, 2023	Notice of Hearing on Motion
81	March 2, 2023	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)	RECAP
82	March 2, 2023	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)	RECAP
83	March 6, 2023	MINUTE ORDER re: 80 Notice of Hearing on Motion. Authorized by Judge Robert J. Bryan. (JL) (Entered: 03/06/2023)	RECAP
84	March 9, 2023	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)	RECAP
85	March 9, 2023	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)	RECAP
86	March 14, 2023	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) View on PACER	RECAP

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Case Details

State / Territory:

Washington

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Feb. 10, 2020

Case Ongoing: Yes

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

County

King County

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

All Writs Act, 28 U.S.C. § 1651

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

Constitutional Clause(s):

Supremacy Clause

Other Dockets:

Western District of Washington 2:20-cv-00203

U.S. Court of Appeals for the Ninth Circuit 23-35362

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Declaratory Judgment

Source of Relief:

Litigation

Amount Defendant Pays: $7,867.92

Issues

General/Misc.:

Transportation

Immigration/Border:

Deportation - procedure

Enforcement location

Presidential/Gubernatorial Authority:

Commandeering

Recommended Citation

Case Summary of United States v. King County Washington, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/44088/ (last updated 4/3/2025).