Case 2:18-cv-00736-JCC Document 9 Filed 07/20/18 Page 1 of 5 The Honorable John C. Coughenour 1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 9 11 CHONG and MARILYN YIM, KELLY LYLES, EILEEN, LLC, and RENTAL HOUSING ASSOCIATION OF WASHINGTON, 12 Plaintiffs, 10 13 14 vs. THE CITY OF SEATTLE, a Washington Municipal Corporation, No. 2:18-cv-736-JCC STIPULATED MOTION AND [PROPOSED] ORDER TO ENTER CASE SCHEDULE AND VACATE AUGUST 7 STATUS CONFERENCE NOTE ON MOTION CALENDAR: Friday, July 20, 2018 15 Defendant. 16 17 Defendant City of Seattle and Plaintiffs Chong and Marilyn Yim, Kelly Lyles, Eileen, LLC, 18 and the Rental Housing Association of Washington respectfully ask the Court to enter the parties’ 19 agreed case schedule to vacate the August 7 status conference. 20 I. INTRODUCTION 21 Plaintiffs bring a constitutional challenge to a City ordinance. The parties agree that 22 discovery and a trial are unnecessary and that this action can be resolved most efficiently through 23 cross motions for summary judgment based on a stipulated record. The parties have already made STIPULATED MOTION AND [PROPOSED] ORDER TO ENTER CASE SCHEDULE & VACATE AUG. 7 STATUS CONF. - 1 YIM ET AL. V. CITY OF SEATTLE, NO. C18-736JCC Peter S. Holmes Seattle City Attorney 701 5th Avenue, Suite 2050 Seattle, WA 98104-7097 (206) 684-8200 Case 2:18-cv-00736-JCC Document 9 Filed 07/20/18 Page 2 of 5 1 substantial progress in preparing the stipulated record. They agree to a four-brief schedule with 2 page limits for the middle two briefs of 36 and 30 pages, respectively. This would yield a maximum 3 of 102 pages of briefing, 18 pages fewer than if the parties each filed three briefs using the page 4 limits imposed by LCR 7(e)(3). II. 5 6 1. STIPULATION The parties agree they will resolve this matter without discovery or a trial. The parties agree 7 this matter should be resolved on cross motions for summary judgment based on a stipulated 8 record. 9 2. 10 The parties agree to the following case schedule and page limits: Finalize stipulated record. (The parties will determine whether to file all of the record or only those portions they cite in their briefing.) August 31, 2018 12 Plaintiffs’ motion for summary judgment, to be noted for January 11, 2019 September 28, 2018 13 (Not to exceed 24 pages) 14 City’s combined opposition to Plaintiffs’ motion for summary judgment and cross motion for summary judgment, to be noted for January 11, 2019 11 15 16 (Not to exceed 36 pages) 17 Plaintiffs’ combined reply in support of their summary judgment motion and opposition to City’s cross motion for summary judgment 18 City’s reply in support of its cross motion for summary judgment 20 January 11, 2019 (Not to exceed 12 pages) 21 23 December 7, 2018 (Not to exceed 30 pages) 19 22 October 26, 2018 3. The parties agree that, to the extent the Court concludes that resolution of either party’s summary judgment motion requires it to resolve a disputed issue of material fact, the Court, STIPULATED MOTION AND [PROPOSED] ORDER TO ENTER CASE SCHEDULE & VACATE AUG. 7 STATUS CONF. - 2 YIM ET AL. V. CITY OF SEATTLE, NO. C18-736JCC Peter S. Holmes Seattle City Attorney 701 5th Avenue, Suite 2050 Seattle, WA 98104-7097 (206) 684-8200 Case 2:18-cv-00736-JCC Document 9 Filed 07/20/18 Page 3 of 5 1 as the trier of fact, may resolve any disputed issue of material fact based on the record 2 before it. 3 4. Given this stipulation, the parties believe the August 7, 2018 Status Conference is 4 unnecessary and ask the Court vacate it. The parties agree they will appear if the Court 5 deems the August 7 Status Conference or any later Status Conference useful. 6 7 STIPULATED July 20, 2018: PACIFIC LEGAL FOUNDATION 8 PETER S. HOLMES Seattle City Attorney 9 By: By: 10 11 12 13 14 s/Roger D. Wynne s/Sara O’Connor-Kriss Roger D. Wynne, WSBA #23399 Phone: (206) 233-2177 Sara O’Connor-Kriss, WSBA #41569 Phone (206) 615-0788 Seattle City Attorney’s Office 701 5th Avenue, Suite 2050 Seattle, WA 98104 Email: Roger.Wynne@seattle.gov Sara.OConnor-Kriss@seattle.gov Attorneys for Defendant City of Seattle s/Ethan W. Blevins s/Brian T. Hodges Ethan W. Blevins, WSBA #48219 Brian T. Hodges, WSBA #31976 Pacific Legal Foundation 10940 NE 33rd Place, Suite 210 Bellevue, WA 98004 Phone: (425) 576-0484 Email: EBlevins@pacificlegal.org BHodges@pacificlegal.org Attorneys for Plaintiffs Yim, et al. 15 III. 16 17 18 19 [PROPOSED] ORDER Based on the parties’ stipulation, the Court GRANTS the parties’ stipulated motion and ORDERS as follows: 1. This action will be resolved without discovery or trial. The clerk shall enter the following 20 case schedule: 21 Finalize stipulated record August 31, 2018 Plaintiffs’ motion for summary judgment September 28, 2018 22 (Not to exceed 24 pages) 23 STIPULATED MOTION AND [PROPOSED] ORDER TO ENTER CASE SCHEDULE & VACATE AUG. 7 STATUS CONF. - 3 YIM ET AL. V. CITY OF SEATTLE, NO. C18-736JCC Peter S. Holmes Seattle City Attorney 701 5th Avenue, Suite 2050 Seattle, WA 98104-7097 (206) 684-8200 Case 2:18-cv-00736-JCC Document 9 Filed 07/20/18 Page 4 of 5 2 City’s combined opposition to Plaintiffs’ motion for summary judgment and cross motion for summary judgment 3 (Not to exceed 36 pages) 4 Plaintiffs’ combined reply in support of their summary judgment motion and opposition to City’s cross motion for summary judgment 1 5 6 7 October 26, 2018 December 7, 2018 (Not to exceed 30 pages) City’s reply in support of its cross motion for summary judgment January 11, 2019 (Not to exceed 12 pages) 8 9 10 2. The parties shall note both cross motions on the Court’s motions calendar for January 11, 2019. 11 3. If the Court concludes that resolution of either party’s summary judgment motion requires 12 the court to resolve a disputed issue of material fact, the Court, as the trier of fact, will 13 resolve any disputed issue of material fact based on the record before it. 14 4. The Court VACATES the Status Conference scheduled for August 7, 2018. 15 DATED this ____ day of ________________, 2018. 16 17 18 19 Hon. John C. Coughenour United States District Court Judge Western District of Washington 20 21 22 23 STIPULATED MOTION AND [PROPOSED] ORDER TO ENTER CASE SCHEDULE & VACATE AUG. 7 STATUS CONF. - 4 YIM ET AL. V. CITY OF SEATTLE, NO. C18-736JCC Peter S. Holmes Seattle City Attorney 701 5th Avenue, Suite 2050 Seattle, WA 98104-7097 (206) 684-8200 Case 2:18-cv-00736-JCC Document 9 Filed 07/20/18 Page 5 of 5 CERTIFICATE OF SERVICE 1 2 3 I certify that on the 20th day of July, 2018, I caused a true and correct copy of this document to be served on the following via ECF electronic service, along with a courtesy email copy: 4 Attorneys for Plaintiff: 5 6 7 8 9 Ethan W. Blevins, WSBA #48219 Brian T. Hodges, WSBA #31976 PACIFIC LEGAL FOUNDATION 10940 NE 33rd Place, Suite 210 Bellevue, WA 98004 Email: BHodges@pacificlegal.org Email: EBlevins@pacificlegal.org [Courtesy email only to: JManley@pacificlegal.org] 10 11 s/ Roger D. Wynne____________ Roger D. Wynne 12 13 14 15 16 17 18 19 20 21 22 23 STIPULATED MOTION AND [PROPOSED] ORDER TO ENTER CASE SCHEDULE & VACATE AUG. 7 STATUS CONF. - 5 YIM ET AL. V. CITY OF SEATTLE, NO. C18-736JCC Peter S. Holmes Seattle City Attorney 701 5th Avenue, Suite 2050 Seattle, WA 98104-7097 (206) 684-8200