Case 2:20-cv-00979 Document 1 Filed 06/24/20 Page 1 of 4 1 2 3 4 5 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE 6 7 8 SPENCER YOUNG, No. 9 Plaintiff, KING COUNTY SUPERIOR CAUSE NO. 20-2-09607-5 SEA 10 vs. COURT 11 12 13 14 CITY OF SEATTLE, JENNY DURKAN, Mayor, LORENA GONZALEZ, LISA HERBOLD, DEBORA JUAREZ, ANDREW J. LEWIS, TAMMY J. MORALES, TERESA MOSQUEDA, ALEX PEDERSEN, KSHAMA SAWANT, DAN STRAUS, Seattle City Council Members, in their official capacities, NOTICE OF REMOVAL TO FEDERAL COURT UNDER 28 U.S.C. § 1441(a) 15 Defendants. 16 17 TO: THE UNITED STATE DISTRICT COURT, WESTERN DISTRICT OF WASHINGTON, AT SEATTLE: 18 Defendant City of Seattle hereby gives notice that it is removing the above-referenced case to the 19 United States District Court for the Western District of Washington on the grounds set forth below. The 20 City and the individually named Defendants, who are all elected officials and employees of the City of 21 Seattle named in their official capacity, consent to the removal. 22 23 NOTICE OF REMOVAL TO FEDERAL COURT UNDER 28 U.S.C. § 1441(a) - 1 Peter S. Holmes Seattle City Attorney 701 5th Avenue, Suite 2050 Seattle, WA 98104-7097 (206) 684-8200 Case 2:20-cv-00979 Document 1 Filed 06/24/20 Page 2 of 4 I. 1 2 1. SUMMARY OF STATE COURT PROCEEDINGS Plaintiff filed this action in King County Superior Court on June 4, 2020. The 3 Complaint is attached hereto as Exhibit 1. Defendant City of Seattle was served with the Complaint 4 on June 5, 2020. 5 2. 6 Superior Court of the removal of this action. I. 7 8 9 10 11 After filing this Notice of Removal, Defendants will give notice to the King County 4. GROUNDS FOR REMOVAL Plaintiff’s Complaint alleges that Defendants violated the Second Amendment of the United States Constitution because the Seattle Municipal Code confers on the Mayor emergency powers related to firearms, among other things. 5. This Court has original jurisdiction over Plaintiff’s claims invoking U.S. Const. 12 amend. II because they are claims arising under the “Constitution, laws, or treaties of the United 13 States” within the meaning of 28 U.S.C. § 1331. Accordingly, this action is subject to removal to 14 “the district Court of the United States for the district and division embracing the place where [the] 15 action is pending.” 28 U.S.C. § 1441(a). Pursuant to Local Rules W.D. Wash. LCR 3(e)(1) 16 Defendants are removing this case to the Western District of Washington, Seattle Division, because 17 it is removing this case from King County Superior Court. 18 6. Plaintiff also alleges claims arising under the laws of the State of Washington. Upon 19 information and belief, any such claims would be so related to Plaintiff’s claims invoking U.S. Const. 20 amend. II that they form part of the same case or controversy, and thus are within this Court’s 21 supplemental jurisdiction. 28 U.S.C. § 1367(a). 22 23 NOTICE OF REMOVAL TO FEDERAL COURT UNDER 28 U.S.C. § 1441(a) - 2 Peter S. Holmes Seattle City Attorney 701 5th Avenue, Suite 2050 Seattle, WA 98104-7097 (206) 684-8200 Case 2:20-cv-00979 Document 1 Filed 06/24/20 Page 3 of 4 1 For all of the reasons stated above, Defendant City of Seattle hereby give notice that the civil 2 action in King County Superior Court, State of Washington has been removed from that Court to the 3 United States District Court for the Western District of Washington at Seattle. 4 5 DATED this 24th day of June, 2020. PETER S. HOLMES Seattle City Attorney 6 7 By: /s/Carolyn U. Boies Carolyn U. Boies WSBA#40395 8 9 /s/Brian G. Maxey___________________ Brian G. Maxey, WSBA#33279 Assistant City Attorneys 10 11 12 13 E-mail: carolyn.boies@seattle.gov brian.maxey2@seattle.gov Seattle City Attorney’s Office 701 Fifth Avenue, Suite 2050 Seattle, WA 98104 Phone: (206) 684-8200 14 Attorneys for Defendant City of Seattle 15 16 17 18 19 20 21 22 23 NOTICE OF REMOVAL TO FEDERAL COURT UNDER 28 U.S.C. § 1441(a) - 3 Peter S. Holmes Seattle City Attorney 701 5th Avenue, Suite 2050 Seattle, WA 98104-7097 (206) 684-8200 Case 2:20-cv-00979 Document 1 Filed 06/24/20 Page 4 of 4 DECLARATION OF SERVICE 1 2 I hereby declare under penalty of perjury under the laws of the State of Washington, that on 3 this date, I electronically filed the foregoing document with the Clerk of the Court using the ECR E- 4 filing Application, and caused a true and correct copy to be served on the following in the manner(s) 5 indicated: 6 7 8 Spencer Young 2801 Western Avenue Apt. 1019 Seattle, WA 98121 Spencer.young@spyoung.com Plaintiff, Pro Se ☒ E-Mail ☐ U.S. Mail ☐ Legal Messenger ☐ Facsimile 9 10 DATED this 24th day of June, 2020, at Seattle, Washington. 11 12 s/Marisa Johnson Marisa Johnson, Legal Assistant 13 14 15 16 17 18 19 20 21 22 23 NOTICE OF REMOVAL TO FEDERAL COURT UNDER 28 U.S.C. § 1441(a) - 4 Peter S. Holmes Seattle City Attorney 701 5th Avenue, Suite 2050 Seattle, WA 98104-7097 (206) 684-8200