Case 2:19-cv-01105-JCC Document 57 Filed 08/26/20 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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ORDER

Petitioners,
v.

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CASE NO. C19-1105-JCC

CITY OF SEATTLE et al.,

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Respondents.

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This matter comes before the Court on Respondents’ renewed motion to dismiss (Dkt.

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No. 54). The Court takes deadlines seriously and does not condone the delays that Petitioner

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Elizabeth Campbell has caused by failing to properly serve the United States Army. However,

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the Court also recognizes that “[d]ismissal is a harsh penalty and is to be imposed in only

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extreme circumstances.” In re Phenylpropanolamine (PPA) Prods. Liab. Litig., 460 F.3d 1217,

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1226 (9th Cir. 2006) (quoting Malone v. U.S. Postal Serv., 833 F.2d 128, 130 (9th Cir. 1987)).

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That harsh penalty is not warranted here. The Court therefore DENIES Respondents’ motion

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(Dkt. No. 54) and DIRECTS the Clerk to issue a summons on the Army. 1

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Petitioner should not misinterpret the Court’s leniency. If Petitioner continues to miss deadlines
or otherwise fail to comply with the Court’s orders, the Court will impose sanctions. Those
sanctions may include dismissal of Petitioner’s case.
ORDER
C19-1105-JCC
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 Case 2:19-cv-01105-JCC Document 57 Filed 08/26/20 Page 2 of 2

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DATED this 26th day of August 2020.

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John C. Coughenour
UNITED STATES DISTRICT JUDGE

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ORDER
C19-1105-JCC
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