Case 2:19-cv-01105 Document 1 Filed 07/17/19 Page 1 of 4 1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 6 7 8 DISCOVERY PARK COMMUNITY ALLIANCE, et al., No. 2:19-cv-1105 9 Petitioners, 10 NOTICE OF REMOVAL TO FEDERAL DISTRICT COURT vs. 11 CITY OF SEATTLE, King County Superior Court Cause No. 19-2-17187-1 SEA 12 Respondent. 13 14 TO: 15 THE UNITED STATES DISTRICT COURT, WESTERN DISTRICT OF WASHINGTON, AT SEATTLE: Respondent City of Seattle (“City”) hereby provides notice that it is removing this action to 16 the United States District Court for the Western District of Washington. The grounds for removal 17 are: 18 1. 19 On June 28, 2019, Petitioners filed a Land Use Petition Pursuant to Land Use Petition Act; Petition for Review and Declaratory Judgment (“Petition”) in the Superior Court of the State of 20 Washington for King County, Cause No. 19-2-17187-1 SEA. As required by 28 U.S.C. § 1446(a), the 21 City is attaching to this Notice a copy of the Petition (labeled as the “Complaint,” as required by 22 23 NOTICE OF REMOVAL - 1 Peter S. Holmes Seattle City Attorney 701 5th Avenue, Suite 2050 Seattle, WA 98104-7097 (206) 684-8200 Case 2:19-cv-01105 Document 1 Filed 07/17/19 Page 2 of 4 1 W.D. Wash. LCR 101(b)(1)) and the other process, pleadings, and orders served upon the City 2 (which include only the Summons and Order Setting Case Schedule). 3 4 5 2. This Notice is timely because it is filed within thirty days of service of the Petition on the City on July 1, 2019. 28 U.S.C. § 1446(b). 3. Jurisdiction in this Court is based on federal subject matter jurisdiction pursuant to 6 28 U.S.C. § 1331, and supplemental jurisdiction pursuant to 28 U.S.C. § 1367(a). Most of the 7 questions the Petition raises are under the Defense Base Closure and Realignment Act of 1990, Pub. 8 L. No. 101-510, Title 29, Part A (codified as amended in a note following 10 U.S.C. § 2687) (“BRAC 9 Act”), and BRAC Act regulations adopted by the U.S. Department of Housing and Urban 10 Development (24 C.F.R. Part 586) and Department of Defense (32 C.F.R. Parts 174 and 176). See, 11 e.g., Petition at ¶¶ 7.1, 7.3, 7.4, 7.5, and 7.6. 12 4. Removal to this Court is proper because this Court is “the district court of the United 13 States for the district and division embracing the place where such action is pending,” within the 14 meaning of 28 U.S.C. § 1441(a). 15 5. Intradistrict Assignment. The City is choosing to remove to the Seattle Division of 16 this Court because the property at issue in this action is situated in King County. See W.D. Wash. 17 LCR 3(e)(1). 18 6. As required by 28 U.S.C. § 1446(d), the City will serve written notice of the filing of 19 this Notice on counsel for Plaintiffs, and will file a copy of this Notice with the Clerk of the Superior 20 Court of the State of Washington for King County. 21 22 7. Concurrent with this Notice, the City is also filing a Verification of State Court Records. See W.D. Wash. LCR 101(c). 23 NOTICE OF REMOVAL - 2 Peter S. Holmes Seattle City Attorney 701 5th Avenue, Suite 2050 Seattle, WA 98104-7097 (206) 684-8200 Case 2:19-cv-01105 Document 1 Filed 07/17/19 Page 3 of 4 1 DATED July 17, 2019. PETER S. HOLMES Seattle City Attorney 2 3 By: 4 5 6 7 8 s/Patrick Downs, WSBA # 25276 s/Roger D. Wynne, WSBA #23399 Assistant City Attorneys Seattle City Attorney’s Office 701 Fifth Avenue, Suite 2050 Seattle, WA 98104-7097 Ph: (206) 684-8200 Fax: (206) 684-8284 E-mail: patrick.downs@seattle.gov roger.wynne@seattle.gov Attorneys for Respondent City of Seattle 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 NOTICE OF REMOVAL - 3 Peter S. Holmes Seattle City Attorney 701 5th Avenue, Suite 2050 Seattle, WA 98104-7097 (206) 684-8200 Case 2:19-cv-01105 Document 1 Filed 07/17/19 Page 4 of 4 1 CERTIFICATE OF SERVICE 2 3 4 5 6 7 8 9 10 I certify that on this day I electronically filed this document and its three attachments with the Clerk of the Court using the CM/ECF system which will send notification of such filing to: Daniel J. Frohlich, WSBA #31437 Thomas L. Dickson, WSBA #11802 Dickson Frohlich, PS 1200 East D Street Tacoma, WA 98421 Phone: (253) 572-1000 Email: dfrohlich@dicksonlegal.com tdickson@dicksonlegal.com Attorneys for Petitioner I also certify that on this day I sent a copy of this document and its three attachments to the same individuals and Kimberly J. Lampman (klampman@dicksonlegal.com) via e-mail. Dated this 17th day of July, 2019, at Seattle, Washington. 11 s/Alicia Reise_________________ ALICIA REISE, Legal Assistant 12 13 14 15 16 17 18 19 20 21 22 23 NOTICE OF REMOVAL - 4 Peter S. Holmes Seattle City Attorney 701 5th Avenue, Suite 2050 Seattle, WA 98104-7097 (206) 684-8200