Miller et al v. Sawant et al
Plaintiff: Scott Miller and Michael Spaulding
Defendant: Kshama Sawant and City of Seattle
Case Number: 2:2018cv00506
Filed: April 5, 2018
Court: US District Court for the Western District of Washington
Office: Seattle Office
County: King
Presiding Judge: Marsha J. Pechman
Nature of Suit: Other Civil Rights
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
January 25, 2023 Opinion or Order Filing 124 ORDER denying Plaintiffs' 123 MOTION for Reconsideration. Signed by Judge Marsha J. Pechman. (SB)
January 4, 2023 Opinion or Order Filing 116 ORDER granting in part Defendant's 113 Motion for Leave to File Over-length Motions and Briefs. The Court finds that only six additional pages (for a total of thirty) are necessary or appropriate, particularly since the Court is familiar with the legal issues involved in this matter. Plaintiffs shall have thirty pages for their Opposition, and Defendant's Reply may not exceed fifteen pages. Signed by Judge Marsha J. Pechman. (SB)
November 22, 2022 Opinion or Order Filing 106 ORDER denying Plaintiff's 98 Motion to Continue Signed by Judge Marsha J. Pechman. (SS)
November 21, 2022 Opinion or Order Filing 105 ORDER granting Defendant's 95 Motion for Partial Judgment on the Pleadings. The Court DISMISSES without prejudice Plaintiffs' "federal defamation" claim. If Plaintiffs wish to amend their Section 1983 defamation claim, they must do so within 14 days of entry of this Order. Signed by Judge Marsha J. Pechman. (SR)
July 13, 2022 Opinion or Order Filing 92 ORDER denying Defendant's 81 Motion to Dismiss for Failure to State a Claim. The Court DENIES Plaintiffs' request for attorneys fees. Signed by Judge Marsha J. Pechman. (SB)
May 18, 2022 Opinion or Order Filing 88 ORDER TO SHOW CAUSE. The Court ORDERS Plaintiffs to SHOW CAUSE why the Court has subject matter jurisdiction over the claims in the Third Amended Complaint. In response to this Order Plaintiffs may file a brief of no more than 10 pages, which shall be due by 5/30/2022. Given the need to resolve the Court's jurisdictional questions before ruling on the pending Motion to Dismiss (Dkt. No. 81 ), the Court RENOTES the Motion to Dismiss to 6/9/2022. Signed by Judge Marsha J. Pechman. (SB)
March 9, 2022 Opinion or Order Filing 78 MINUTE ORDER. The Court ordered the parties to meet and confer and submit a joint status report by 3/8/2022. (See Dkt. No. 76 .) As set forth in Plaintiffs' "Status Report" (Dkt. No. 77 ), the Parties failed to comply with that Order or ask for an extension. The Court again ORDERS the Parties to meet and confer and file a joint status report as set forth in Dkt. No. 76 , which shall be due by no later than 3/15/2022. The failure to meet and confer and/or to file a joint status report may result in sanctions. Authorized by Judge Marsha J. Pechman. (SB)
February 25, 2022 Opinion or Order Filing 76 MINUTE ORDER. In light of the Ninth Circuit's Opinion and Mandate (Dkt. Nos. 72 & 75 ), the Court ORDERS the Parties to meet and confer and submit a Joint Status Report containing: (1) new proposed deadlines for all case events identified in the Court's Revised Case Schedule (Dkt. No. 67 ); and (2) a trial date, including the estimated number of trial days. The Parties shall file the joint status report by no later than 3/8/2022. Authorized by Judge Marsha J. Pechman. (SB)
December 29, 2020 Opinion or Order Filing 68 ORDER granting Defendant Kshama Sawant's 57 Motion to Dismiss Plaintiffs' Third Amended Complaint. The Court DISMISSES all claims against Councilmember Sawant WITH PREJUDICE. Signed by Judge Marsha J. Pechman. (PM)
September 21, 2020 Opinion or Order Filing 67 COURT'S REVISED CASE SCHEDUL Ere 66 Stipulation. Jury Trial is set for 11/8/2021 at 09:00 AM before Judge Marsha J. Pechman. FRCP 26(f) Conference Deadline is 12/15/2020, Initial Disclosure Deadline is 1/4/2021, Discovery Motions due by 4 /5/2021, Discovery completed by 4/26/2021, Dispositive motions due by 7/9/2021, Motions in Limine due by 10/8/2021, Agreed Pretrial Order due by 10/20/2021, Voir dire/jury instructions/trial briefs due by 10/20/2021, Pretrial Conference set for 10/27/2021 at 01:30 PM before Judge Marsha J. Pechman. Signed by Judge Marsha J. Pechman. (PM)
July 2, 2020 Opinion or Order Filing 50 MINUTE ORDER re 49 Mandate of USCA. Plaintiffs will file an amended complaint addressing the deficiencies identified in the Ninth Circuit's April 27, 2020 order, by no later than August 3, 2020. Joint Status Report due by 8/3/2020. Authorized by Judge Marsha J. Pechman. (PM)
March 18, 2019 Opinion or Order Filing 40 ORDER granting Defendant City of Seattle's 37 Motion for Reconsideration of 36 Order. Shortly after the Motion for Reconsideration was filed, Plaintiffs filed a Notice of Voluntary Dismissal. (Dkt. No. 38 .) That Notice indicates thei r intent to dismiss without prejudice all claims against the City of Seattle. However,the derivative claims should have been dismissed with prejudice, such that the only unresolved claim left for voluntary dismissal is the retaliation claim. Accordingly, pursuant to the Notice of Voluntary Dismissal, the Court hereby dismisses the retaliation claim without prejudice. signed by Judge Marsha J. Pechman.(PM)
March 1, 2019 Opinion or Order Filing 36 ORDER granting Councilmember Sawant's 24 Motion to Dismiss with prejudice. The Court hereby dismisses Councilmember Sawant from this matter; The remaining claims in this matter shall proceed solely against Defendant City of Seattle; and The parties are ordered to comply with the case deadlines as set forth at Dkt. No. 17 , and shall file the required initial disclosures, Joint Status Report, and Discovery Plan in accordance with this schedule. Signed by Judge Marsha J. Pechman. (TH)
September 21, 2018 Opinion or Order Filing 22 ORDER granting Defendant Sawant's 11 Motion for More Definite Statement. Plaintiffs are ordered to file an amended complaint which complies with the substance of this order by no later than October 5, 2018. Signed by Judge Marsha J. Pechman. (PM)
September 17, 2018 Opinion or Order Filing 20 ORDER TO SHOW CAUSE directing Plaintiffs to file a jurisdictional brief by 9/24/2018. Signed by Judge Marsha J. Pechman. (PM)
June 14, 2018 Opinion or Order Filing 18 STIPULATION AND ORDER continuing Initial Disclosures and Joint Status Report deadlines pursuant to parties' 17 Stipulation. Signed by Judge Marsha J. Pechman. (PM)
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Plaintiff: Scott Miller
Represented By: Daniel Andrew Brown
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Plaintiff: Michael Spaulding
Represented By: Daniel Andrew Brown
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Defendant: Kshama Sawant
Represented By: Dmitri Iglitzin
Represented By: James E Lobsenz
Represented By: Emilia L Sweeney
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Defendant: City of Seattle
Represented By: Jessica L Goldman
Represented By: Sarah I Hale
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