Case 2:18-cv-01188-TSZ Document 33-1 Filed 12/18/19 Page 1 of 3

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THE HONORABLE THOMAS S. ZILLY

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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THE ERISA INDUSTRY COMMITTEE,
Plaintiff,

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(PROPOSED) ORDER LIFTING STAY
AND SETTING BRIEFING
SCHEDULE

v.
CITY OF SEATTLE,

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Case No. 2:18-cv-01188

Defendant.

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THIS MATTER having come before the below-signed Judge of the above-entitled Court

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upon Parties’ JOINT STATUS REPORT ADDRESSING STATUS OF STATE COURT

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LITIGATION AND STIPULATION TO FILE AMENDED COMPLAINT (Dkt. 33) and the

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Court having considered the pleadings in this matter, and it appearing to be in the best interest

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of the case, therefore,

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IT IS HEREBY ORDERED that the STAY of this case is now lifted. Furthermore,
Parties shall file their forthcoming briefs as stated below:
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Amended complaint to be filed by Plaintiff The ERISA Industry Committee

(“ERIC”) no later than January 21, 2020;
2.

Responsive pleading, including a motion to dismiss, to be filed by Defendant

City of Seattle (“the City”) no later than 30 days thereafter;
(PROPOSED) ORDER LIFTING STAY AND
SETTING BRIEFING SCHEDULE - 1
CASE NO. - 2:18-CV-01188-TSZ
KILPATRICK TOWNSEND 72805993 1

KILPATRICK TOWNSEND & STOCKTON LLP
1420 FIFTH AVENUE, SUITE 3700
SEATTLE, WA 98101
(206) 626-7713 FAX: (206) 260-8946

 Case 2:18-cv-01188-TSZ Document 33-1 Filed 12/18/19 Page 2 of 3

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3.

If the City files a motion to dismiss, ERIC’s opposition is to be filed 30 days

later, and the City’s reply is to be filed 30 days after the opposition;
4.

Within the time for filing its opposition to a motion to dismiss filed by the City,

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ERIC may file a motion for summary judgment asserting ERISA preemption, with the City’s

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opposition to be filed 30 days later, and ERIC’s reply to be filed 21 days after the opposition.

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5.

In the event the City files an answer rather than moves to dismiss the amended

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complaint, the Parties may file any dispositive (or other) motions consistent with the Federal

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Rules of Civil Procedure, the Local Rules of this Court, or order of this Court.

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6.

If the City files a motion to dismiss, and ERIC does not additionally file a motion

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for summary judgment asserting ERISA preemption as outlined above, nothing shall prevent

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ERIC from filing a motion for summary judgment on ERISA preemption or any other grounds

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in due course after (if necessary) resolution of the City’s motion to dismiss.

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IT IS SO ORDERED.

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DATED this ______ day of _________________, 2019.

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___________________________________
THOMAS S. ZILLY

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(PROPOSED) ORDER LIFTING STAY AND
SETTING BRIEFING SCHEDULE - 2
CASE NO. - 2:18-CV-01188-TSZ
KILPATRICK TOWNSEND 72805993 1

KILPATRICK TOWNSEND & STOCKTON LLP
1420 FIFTH AVENUE, SUITE 3700
SEATTLE, WA 98101
(206) 626-7713 FAX: (206) 260-8946

 Case 2:18-cv-01188-TSZ Document 33-1 Filed 12/18/19 Page 3 of 3

CERTIFICATE OF SERVICE

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I certify that on the date indicated below I caused a copy of the foregoing document,

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(PROPOSED) ORDER LIFTING STAY AND SETTING BRIEFING SCHEDULE to be filed

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with the Clerk of the Court via the CM/ECF system. In accordance with their ECF registration

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agreement and the Court’s rules, the Clerk of the Court will send e-mail notification of such filing

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to the following attorneys of record:

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Jeffrey Lewis
KELLER ROHRBACK LLP
300 LAKESIDE DRIVE, STE 1000
OAKLAND, CA 94612
Email: jlewis@kellerrohrback.com
Erin Maura Riley
Rachel E. Morowitz
KELLER ROHRBACK
1201 3RD AVE, STE 3200
SEATTLE, WA 98101-3052
Email: eriley@kellerrohrback.com
Email: rmorowitz@kellerrohrback.com
x by CM/ECF
by Electronic Mail
by Facsimile Transmission

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by First Class Mail

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by Hand Delivery

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by Overnight Delivery

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Dated this 18th day of December 2019.

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/s/ Gwendolyn C. Payton
Gwendolyn C. Payton

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4836-5713-9631, v. 1

(PROPOSED) ORDER LIFTING STAY AND
SETTING BRIEFING SCHEDULE - 3
CASE NO. - 2:18-CV-01188-TSZ
KILPATRICK TOWNSEND 72805993 1

KILPATRICK TOWNSEND & STOCKTON LLP
1420 FIFTH AVENUE, SUITE 3700
SEATTLE, WA 98101
(206) 626-7713 FAX: (206) 260-8946