FILED
18 AUG 31 AM 11:42
KING COUNTY
SUPERIOR COURT CLERK
E-FILED
CASE NUMBER: 18-2-21872-1 SEA

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF KING

1426 First Avenue LLC
Petitioner(s),

NO.
18-2-21872-1 SEA
ORDER SETTING LAND USE CASE SCHEDULE

vs.
ASSIGNED JUDGE:

Roberts, Mary E., Dept. 4

City of Seattle
Respondent(s)

FILED DATE: 8/31/2018
TRIAL DATE: 1/28/2019
SCOMIS CODE: *ORSCS

A Petition Seeking Review of a Land Use decision under the Revised Code of Washington (RCW) 36.70C has been
filed in the King County Superior Court and will be managed by the Case Schedule on Page 3 as ordered by the
King County Superior Court Presiding Judge.
I. NOTICES
THE PERSON (PETITIONER) SEEKING REVIEW OF A LAND USE DECISION MUST:
1 File a Land Use Petition within the time frames as instructed by applicable RCW 36.70C.040.
2. Serve a copy of the Land Use Petition and this Order Setting Case Schedule (Land Use Petition) (including these
Notices) on all other parties to this action. You, as the person who started this Petition, must make sure the other
person and/or agency is notified of your action and gets a copy of the Schedule. See Revised Code of Washington
RCW 36.70C.040 (5). Your signature must appear on this form showing that you understand that you must make
sure the other person and/or agency gets a copy of this form.
3. Pay the statutory filing fee to the Clerk of the Superior Court in which the Petition is filed.
NOTICE TO ALL PARTIES:
All attorneys and parties should make themselves familiar with the rules of the court -- especially those referred to in
this Schedule. In order to comply with the Schedule, it will be necessary for attorneys and parties to pursue their
appeals vigorously from the day they are filed. All events must occur promptly. If they are late, the Superior Court
Clerk is authorized by the King County Superior Court Local Rules to schedule the petition for a dismissal hearing.
"I understand that I am required to give a copy of these documents to all parties in this case."

PRINT NAME

SIGN NAME

 I. NOTICES (continued)
STIPULATION/ MOTION TO CHANGE INITIAL HEARING:
Parties may file a stipulation or any party may file a motion to change the initial hearing prior to the deadline as shown on
the Schedule. A copy of the stipulation or motion must be filed with the assigned Judge. Preliminary hearings must be set
on Fridays. Stipulated change of hearing dates must be within +/- 7 days of the original date and must be approved by the
assigned judge.
MOTIONS ON JURISDICTIONAL AND PROCEDURAL ISSUES:
Motions on jurisdictional and procedural issues shall comply with Civil Rule 7 and King County Local Rule 7, except that
the minimum notice of hearing requirement shall be 8 days.
PENDING DUE DATES CANCELED BY FILING PAPERS THAT RESOLVE THE CASE:
When a final decree, judgment, or order of dismissal of all claims is filed with the Superior Court Clerk's Office, and a
courtesy copy delivered to the assigned judge, all pending due dates in this Schedule are automatically canceled, including
the scheduled Trial Date. It is the responsibility of the parties to 1) file such dispositive documents within 45 days of the
resolution of the case, and 2) strike any pending motions by notifying the bailiff of the assigned judge.
Parties may also authorize the Superior Court to strike all pending due dates and the Trial Date b y filing a Notice of
Settlement pursuant to KCLCR 41, and forwarding a courtesy copy to the assigned judge. If a final decree, judgment or
order of dismissal of all claims is not filed by 45 days after a Notice of Settlement, the case may be dismissed with notice.
If you miss your scheduled Trial Date, the Superior Court Clerk is authorized by KCLCR 41(b)(2)(A) to present an
Order of Dismissal, without notice, for failure to appear at the scheduled Trial Date.
NOTICES OF APPEARANCE OR WITHDRAWAL AND ADDRESS CHANGES:
All parties to this action must keep the court informed of their addresses. When a Notice of Appearance/Withdrawal or
Notice of Change of Address is filed with the Superior Court Clerk's Office, parties must provide the assig ned judge with a
courtesy copy.
NOTICE OF NON-COMPLIANCE FEES:
ALL parties will be assessed a fee authorized by King County Code 4A.630.020 whenever the Superior Court Clerk must
send notice of non-compliance of schedule requirements as per Local Rule 4 and/or dismissal of actions as per Local Rule
41.

King County Local Rules are available for viewing at www.kingcounty.gov/courts/clerk.

 II. CASE SCHEDULE

√

CASE EVENTS

√

Petition for Review of Land Use Decision Filed and Schedule Issued [See RCW 36.70C.040].
DEADLINE to Contact Assigned Judge to Confirm Initial Hearing [See RCW 36.70C.080].
DEADLINE to Stipulate or File a Motion for Change of Hearing Date or Adjustment of Schedule
[See RCW 36.70C.080(1); RCW 36.70.090) ].
Initial Hearing on Jurisdictional and Preliminary Matters (FRIDAYS ONLY) [See RCW
36.70C.080)].
DEADLINE for Filing Certified Copy of the Local Jurisdiction Record [See RCW 36.70C.110].
DEADLINE for filing Brief of Petitioner [See RCW 36.70C.080(4)].
DEADLINE for filing Brief of Respondent [See RCW 36.70C.080(4)].
DEADLINE for filing Reply Briefs [See RCW 36.70C.080(4)].
Review Hearing/Trial Date [See RCW 36.70C.090].

√

√
√
√
√

DATE
8/31/2018
9/7/2018
9/28/2018
10/19/2018
12/3/2018
12/24/2018
1/14/2019
1/22/2019
1/28/2019

The √ indicates a document that must be filed with the Superior Court Clerk's Office by the date shown.

III. ORDER
Pursuant to King County Local Rule 4 (KCLCR 4), it is ORDERED that all parties involved in this action shall comply
with the schedule listed above and that failure to meet these event dates will result in the dismissal of the appeal. It is
FURTHER ORDERED that the party filing this action must serve this Order Setting Land Use Petition Case Schedule and
attachment on all other parties.

DATED:

8/31/2018
PRESIDING JUDGE

 IV. ORDER ON CIVIL PROCEEDINGS FOR ASSIGNMENT TO JUDGE
READ THIS ORDER BEFORE CONTACTING YOUR ASSIGNED JUDGE.
This case is assigned to the Superior Court Judge whose name appears in the caption of this case schedule. The
assigned Superior Court Judge will preside over and manage this case for all pretrial matters.
COMPLEX LITIGATION: If you anticipate an unusually complex or lengthy trial, please notify the assigned court
as soon as possible.
APPLICABLE RULES: Except as specifically modified below, all the provisions of King County Local Civil Rules 4
through 26 shall apply to the processing of civil cases before Superior Court Judges. The local civil rules can be found
at www.kingcounty.gov/courts/clerk/rules/Civil.
CASE SCHEDULE AND REQUIREMENTS : Deadlines are set by the case schedule, issued pursuant to Local Civil
Rule 4.
THE PARTIES ARE RESPONSIBLE FOR KNOWING AND COMPLYING WITH ALL DEADLINES
IMPOSED BY THE COURT’S LOCAL CIVIL RULES.
A. Joint Confirmation regarding Trial Readiness Report
No later than twenty one (21) days before the trial date, parties shall complete and file (with a copy to the assigned
judge) a joint confirmation report setting forth whether a jury demand has been filed, the expected duration of the trial,
whether a settlement conference has been held, and special pro blems and needs (e.g., interpreters, equipment).
The Joint Confirmation Regarding Trial Readiness form is available at www.kingcounty.gov/courts/scforms . If parties
wish to request a CR 16 conference, they must contact the assigned court. Plaintiff’s/petitioner’s counsel is responsible
for contacting the other parties regarding the report.
B. Settlement/Mediation/ADR
a. Forty five (45) days before the trial date, counsel for plaintiff/petitioner shall submit a written settlement
demand. Ten (10) days after receiving plaintiff’s/petitioner’s written demand, counsel for defendant/respondent shall
respond (with a counter offer, if appropriate).
b. Twenty eight (28) days before the trial date, a Settlement/Mediation/ADR conference shall have been
held. FAILURE TO COMPLY WITH THIS SETTLEMENT CONFERENCE REQUIREM ENT MAY RESULT IN
SANCTIONS.
C. Trial
Trial is scheduled for 9:00 a.m. on the date on the case schedule or as soon thereafter as convened by the court. The
Friday before trial, the parties should access the court’s civil standby calendar on the King County Superior Court
website www.kingcounty.gov/courts/superiorcourt to confirm the trial judge assignment.
MOTIONS PROCEDURES
A. Noting of Motions
Dispositive Motions: All summary judgment or other dispositive motions will be heard with oral argument before the
assigned judge. The moving party must arrange with the hearing judge a date and time for the hearing, consistent with
the court rules. Local Civil Rule 7 and Local Civil Rule 56 govern procedures for summary judgment or other motions
that dispose of the case in whole or in part. The local civil rules can be found at
www.kingcounty.gov/courts/clerk/rules/Civil.
Non-dispositive Motions: These motions, which include discovery motions, will be ruled on by the assigned judge
without oral argument, unless otherwise ordered. All such motions must be noted for a date by which the ruling is
requested; this date must likewise conform to the applicable notice requirements. Rather than noting a time of day, the
Note for Motion should state “Without Oral Argument.” Local Civil Rule 7 governs these motions, which include
discovery motions. The local civil rules can be found at www.kingcounty.gov/courts/clerk/rules/Civil.

 Motions in Family Law Cases not involving children: Discovery motions to compel, motions in limine, motions
relating to trial dates and motions to vacate judgments/dismissals shall be b rought before the assigned judge. All other
motions should be noted and heard on the Family Law Motions calendar. Local Civil Rule 7 and King County Family
Law Local Rules govern these procedures. The local rules can be found at www.kingcounty.gov/courts/clerk/rules.
Emergency Motions: Under the court’s local civil rules, emergency motions will usually be allowed only upon entry
of an Order Shortening Time. However, some emergency motions may be brought in the Ex Parte and Probate
Department as expressly authorized by local rule. In addition, discovery disputes may be addressed by telephone call
and without written motion, if the judge approves in advance.
B. Original Documents/Working Copies/ Filing of Documents : All original documents must be filed with the
Clerk’s Office. Please see information on the Clerk’s Office website at www.kingcounty.gov/courts/clerk regarding
the requirement outlined in LGR 30 that attorneys must e-file documents in King County Superior Court. The
exceptions to the e-filing requirement are also available on the Clerk’s Office website. The local rules can be found at
www.kingcounty.gov/courts/clerk/rules.
The working copies of all documents in support or opposition must be marked on the upper right corner of the first page
with the date of consideration or hearing and the name of the assigned judge. The assigned judge’s working copies
must be delivered to his/her courtroom or the Judges’ mailroom. Working copies of motions to be heard on the Family
Law Motions Calendar should be filed with the Family Law Motions Coordinator. Working copies can be submitted
through the Clerk’s office E-Filing application at www.kingcounty.gov/courts/clerk/documents/eWC.
Service of documents: Pursuant to Local General Rule 30(b)(4)(B), e-filed documents shall be electronically served
through the e-Service feature within the Clerk’s eFiling application. Pre-registration to accept e-service is required. EService generates a record of service document that can be e-filed. Please see the Clerk’s office website at
www.kingcounty.gov/courts/clerk/documents/efiling regarding E-Service.
Original Proposed Order: Each of the parties must include an original proposed order granting requested relief with
the working copy materials submitted on any motion. Do not file the original of the proposed order with the Clerk
of the Court. Should any party desire a copy of the order as signed and filed by the judge, a pre-addressed, stamped
envelope shall accompany the proposed order. The court may distribute orders electronically. Review the judge’s
website for information: www.kingcounty.gov/courts/SuperiorCourt/judges .
Presentation of Orders for Signature: All orders must be presented to the assigned judge or to the Ex Parte and
Probate Department, in accordance with Local Civil Rules 40 and 40.1. Such orders, if presented to the Ex Parte and
Probate Department, shall be submitted through the E-Filing/Ex Parte via the Clerk application by the attorney(s) of
record. E-filing is not required for self-represented parties (non-attorneys). If the assigned judge is absent, contact the
assigned court for further instructions. If another judge enters an order on the case, counsel is responsible for providing
the assigned judge with a copy.
Proposed orders finalizing settlement and/or dismissal by agreement of all parties shall be presented to the Ex
Parte and Probate Department. Such orders shall be submitted through the E-Filing/Ex Parte via the Clerk
application by the attorney(s) of record. E-filing is not required for self-represented parties (non-attorneys). Formal
proof in Family Law cases must be scheduled before the assigned judge by contacting the bailiff, or formal proof may
be entered in the Ex Parte Department. If final order and/or formal proof are entered in the Ex Parte and Probate
Department, counsel is responsible for providing the assigned judge with a copy.
C. Form
Pursuant to Local Civil Rule 7(b)(5)(B), the initial motion and opposing memorandum shall not exceed 4,200 words
and reply memoranda shall not exceed 1,750 words without authorization of the court. The word count includes all
portions of the document, including headings and footnotes, except 1) the caption; 2) table of content s and/or
authorities, if any; and 3): the signature block. Over-length memoranda/briefs and motions supported by such
memoranda/briefs may be stricken.
IT IS SO ORDERED. FAILURE TO COMPLY WITH THE PROVISIONS OF THIS ORDER MAY RESULT IN
DISMISSAL OR OTHER SANCTIONS. PLAINTIFF/PEITITONER SHALL FORWARD A COPY OF THIS
ORDER AS SOON AS PRACTICABLE TO ANY PARTY WHO HAS NOT RECEIVED THIS ORDER.

 PRESIDING JUDGE