Case 2:19-cv-01105-JCC Document 51 Filed 07/28/20 Page 1 of 2

THE HONORABLE JOHN C. COUGHENOUR

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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DISCOVERY PARK COMMUNITY
ALLIANCE, a community non-profit
corporation, and ELIZABETH CAMPBELL,

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CASE NO. C19-1105-JCC
ORDER

Petitioners,
v.
CITY OF SEATTLE et al.,

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Respondents.

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This matter comes before the Court on Respondents’ motion to dismiss or to set a

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deadline for the proper service of the United States Army (Dkt. No. 46). On November 14, 2019,

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the Court ordered Petitioners to file and serve an amended petition joining the Army because

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Wash. Rev. Code § 36.70C.040(2) requires the Army to be a party to this case. (Dkt. No. 25 at

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2.) But instead of arranging for service of the Army, Petitioners’ attorney moved to withdraw on

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December 11, 2019. (Dkt. No. 27.) The Court conditioned the withdrawal on Petitioners first

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serving the Army. (Dkt. No. 31 at 3.) On February 21, 2020, Petitioners filed an affidavit of

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service stating that they had served an amended petition on the Chief of the Army’s litigation

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division. (Dkt. No. 35 at 2.) Three days later, the Court allowed Petitioners’ attorney to withdraw

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from the case. (Dkt. No. 37.)

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Petitioners’ attempt to serve the Army was defective. Although Petitioners served the
ORDER
C19-1105-JCC
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 Case 2:19-cv-01105-JCC Document 51 Filed 07/28/20 Page 2 of 2

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Chief of the Army’s litigation division, Petitioners failed to serve the United States Attorney for

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the Western District of Washington and the Attorney General of the United States. See Fed. R.

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Civ. P. 4(i)(2). Neither party recognized Petitioners’ error. Instead, both sides proceeded without

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the Army for four months.

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On June 29, 2020, Respondents moved to dismiss the case for failure to serve a necessary

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party. (Dkt. No. 46 at 3–7.) Rather than formally responding to the motion, Petitioners filed an

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affidavit of service stating that they sent via certified mail a copy of the amended petition to the

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United States Attorney for the Western District of Washington and the Attorney General of the

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United States. (Dkt. No. 47 at 1–2.) The affidavit says nothing about serving a summons,

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however, and the Army has still not appeared. (See id.)
More than eight months have passed since the Court ordered Petitioners to join the Army,

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and Petitioners have still failed to do so. Because the Court is loath to dismiss a case on

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procedural grounds unless dismissal is absolutely necessary, the Court will grant Petitioners a

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final chance to join the Army. Accordingly, the Court ORDERS Petitioners to properly serve the

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summons and amended petition on the Army pursuant to Federal Rule of Civil Procedure 4(i)(2)

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within 14 days of the date this ordered is issued. If Petitioners do not properly serve the Army

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within that time, the Court will dismiss this case for failure to prosecute.

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DATED this 28th day of July 2020.

A

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John C. Coughenour
UNITED STATES DISTRICT JUDGE

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ORDER
C19-1105-JCC
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