Manning et al v. Barr et al
| Peter Manning and Aaron Barfield |
| Liquor and Cannabis Board of the State of Washington, Jane Rushford, William P Barr, Rick Garza, U.S. Department of Justice, Jay Inslee, US Department of Justice and William Barr |
| 3:2021cv05308 |
| April 21, 2021 |
| US District Court for the Western District of Washington |
| Ricardo S Martinez |
| Constitutional - State Statute |
| 28 U.S.C. § 2201 |
| Plaintiff |
Docket Report
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| Filing 26 JUDGMENT BY COURT. It is hereby ORDERED that the Individual State Defendants' Motion to Dismiss is GRANTED. Plaintiffs' claims against The Honorable Jay Inslee, Governor of the State of Washington; Jane Rushford, Chair of the Liquor and Cannabis Board; and Rick Garza, Director of the Liquor and Cannabis Board are hereby DISMISSED with prejudice. (PM) cc: Plaintiffs via USPS |
Filing 25
ORDER granting the Individual State Defendants' #24 Motion to Dismiss. Plaintiffs' claims against The Honorable Jay Inslee, Governor of the State of Washington; Jane Rushford, Chair of the Liquor and Cannabis Board; and Rick Garza, Director of the Liquor and Cannabis Board are hereby DISMISSED with prejudice. Signed by Judge Ricardo S. Martinez. (PM) Modified on 6/8/2021: cc Plaintiffs via USPS (PM).
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| Filing 24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendants Rick Garza, Jay Inslee, Liquor and Cannabis Board of the State of Washington, Jane Rushford. (Attachments: #1 Proposed Order) Noting Date 6/4/2021, (Carr, Michelle) |
| Filing 23 LETTER from Clerk to counsel and pro se plaintiffs re receipt of case from the District of Columbia and advising of WAWD case number and judge assignment. (GMR- cc: pltfs) |
| Filing 22 Case transferred in from District of District of Columbia, Case Number 1:20-cv-00664. |
| Judge Ricardo S. Martinez added. (GMR) |
| Clerk received phone call from the U.S Attorney's Office for the District of Columbia. Attorney Johnny Hillary Walker, III will not be appearing pro hac vice in this case. (SP) |
| Case transferred to the USDC for the Western District of Washington pursuant to #21 Memorandum & Opinion, #20 Order on Motion to Dismiss/Lack of Jurisdiction. Sent to Court via extraction. (ztth) [Transferred from dcd on 4/28/2021.] |
| Set/Reset Deadlines: Transfer due by 4/20/2021. (zkh) [Transferred from dcd on 4/28/2021.] |
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Filing 21
MEMORANDUM OPINION in support of #20 Order granting federal Defendants' #10 Motion to Dismiss, granting in part state Defendants' #9 Motion to Dismiss, and transferring claims against Defendants Jay Inslee, Jane Rushford, and Rick Garza to the U.S. District Court for the Western District of Washington. Signed by Judge Timothy J. Kelly on 3/31/2021. (lctjk1) [Transferred from dcd on 4/28/2021.]
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Filing 20
ORDER granting federal Defendants' #10 Motion to Dismiss, granting in part state Defendants' #9 Motion to Dismiss, and transferring claims against Defendants Jay Inslee, Jane Rushford, and Rick Garza to the U.S. District Court for the Western District of Washington. See Order for details. Signed by Judge Timothy J. Kelly on 3/31/2021. (lctjk1) [Transferred from dcd on 4/28/2021.]
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MINUTE ORDER denying Plaintiffs' #16 Motion for Leave to File a Surreply. District courts have discretion in deciding whether to grant leave to file a surreply, although they are generally disfavored. Banner Health v. Sebelius, 905 F. Supp. 2d 174, 187 (D.D.C. 2012). "In exercising its discretion, the court should consider whether the movant's reply in fact raises arguments or issues for the first time, whether the nonmovant's proposed surreply would be helpful to the resolution of the pending motion, and whether the movant would be unduly prejudiced were leave to be granted." Id. Here, Plaintiffs do not identify any new arguments made in the state Defendants' reply. Rather, Plaintiffs' only justification for additional briefing is to provide further detail supporting arguments Plaintiffs already made in their opposition. But a "surreply is not a vehicle for rehashing arguments that have already been raised and briefed by the parties." Crummey v. Soc. Sec. Admin., 794 F. Supp. 2d 46, 63 (D.D.C. 2011), aff'd, No. 11-5231, 2012 WL 556317 (D.C. Cir. Feb. 6, 2012). Further, the Court does not find that the proposed surreply would be helpful in resolving the pending motions because it merely provides more information about activities that ultimately do not support jurisdiction. Although the state Defendants do not identify any prejudice should leave to file be granted, on balance the factors weigh against permitting a surreply. Accordingly, it is hereby ORDERED that Plaintiffs' motion is DENIED. Signed by Judge Timothy J. Kelly on 3/31/2021. (lctjk1) [Transferred from dcd on 4/28/2021.]
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| Filing 19 REPLY to opposition to motion #16 MOTION for Leave to File filed by AARON BARFIELD, PETER MANNING. (ztth) [Transferred from dcd on 4/28/2021.] |
| Filing 18 RESPONSE re #16 MOTION for Leave to File filed by RICK GARZA, JAY INSLEE, LIQUOR AND CANNABIS BOARD OF THE STATE OF WASHINGTON, JANE RUSHFORD. (Carr, Michelle) [Transferred from dcd on 4/28/2021.] |
| Filing 17 NOTICE OF SUBSTITUTION OF COUNSEL by Johnny Hillary Walker, III on behalf of WILLIAM P. BARR, U.S. DEPARTMENT OF JUSTICE Substituting for attorney William Chang (Attachments: #1 Certificate of Service)(Walker, Johnny) [Transferred from dcd on 4/28/2021.] |
| Filing 16 MOTION for Leave to File Surreply by AARON BARFIELD, PETER MANNING (Attachments: #1 Exhibit Surreply, #2 Statement of Facts in Support, #3 Certificate of Service)(zjf) [Transferred from dcd on 4/28/2021.] |
| Filing 15 LEAVE TO FILE DENIED- Response to Motion to Dismiss submitted by Aaron Barfield. This document is unavailable as the Court denied its filing. "Leave to file DENIED. Defendant has already file an opposition and has not move for leave to file a sur-reply" Signed by Judge Timothy J. Kelly on 09/09/2020. (zjf) [Transferred from dcd on 4/28/2021.] |
| Filing 14 REPLY re #9 MOTION to Dismiss Memorandum Supporting Renewed Motion to Dismiss filed by RICK GARZA, JAY INSLEE, LIQUOR AND CANNABIS BOARD OF THE STATE OF WASHINGTON, JANE RUSHFORD. (Carr, Michelle) Modified to add link on 8/14/2020 (znmw). [Transferred from dcd on 4/28/2021.] |
| Filing 13 RESPONSE re #9 MOTION to Dismiss for Lack of Jurisdiction , #10 MOTION to Dismiss the Amended Complaint filed by AARON BARFIELD, PETER MANNING. "Leave to file GRANTED" by Judge Timothy J. Kelly on 8/10/2020. (ztth) [Transferred from dcd on 4/28/2021.] |
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Filing 11
Order advising Plaintiffs to respond by August 5, 2020, to Defendants' #9 , #10 Motions to Dismiss or risk dismissal of the case. See Order for details. The Clerk's Office is directed to mail a copy of this Order to Plaintiffs at the address listed on the docket. Signed by Judge Timothy J. Kelly on 7/2/2020. (lctjk1) [Transferred from dcd on 4/28/2021.]
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| Filing 10 MOTION to Dismiss the Amended Complaint by WILLIAM P. BARR, U.S. DEPARTMENT OF JUSTICE (Attachments: #1 Text of Proposed Order)(Chang, William) [Transferred from dcd on 4/28/2021.] |
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MINUTE ORDER granting Plaintiffs' #8 Motion for Leave to File Amended Complaint. Pursuant to Fed. R. Civ. P. 15(a)(2), "a party may amend its pleading only with the opposing party's written consent or the court's leave." Here, no party has objected to Plaintiffs' motion. Instead, each defendant appears to have refiled their previously filed motions to dismiss. Because none of the factors counseling against granting leave to amend apply here, see Habliston v. FINRA Dispute Resolution, Inc., 251 F. Supp. 3d 240, 244 (D.D.C. 2017) (identifying factors a court should consider in deciding whether to grant leave to amend), the Court concludes that "justice... requires" granting Plaintiffs leave to amend, see Fed. R. Civ. P. 15(a)(2). Accordingly, it is hereby ORDERED that Plaintiffs' #8 Motion for Leave to File Amended Complaint is GRANTED. The Clerk of the Court is directed to docket the [8-1] Amended Complaint as of the date of the motion. In light of Plaintiffs' filing of an amended complaint, Defendants' #4 , #6 Motions to Dismiss are DENIED AS MOOT. See Nader v. Democratic Nat. Comm., 590 F. Supp. 2d 164, 167 n.2 (D.D.C. 2008). Signed by Judge Timothy J. Kelly on 7/2/2020. (lctjk1) [Transferred from dcd on 4/28/2021.]
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| Filing 9 MOTION to Dismiss for Lack of Jurisdiction by RICK GARZA, JAY INSLEE, LIQUOR AND CANNABIS BOARD OF THE STATE OF WASHINGTON, JANE RUSHFORD (Attachments: #1 Text of Proposed Order)(Carr, Michelle) [Transferred from dcd on 4/28/2021.] |
| Filing 12 AMENDED COMPLAINT against WILLIAM P. BARR, RICK GARZA, JAY INSLEE, LIQUOR AND CANNABIS BOARD OF THE STATE OF WASHINGTON, JANE RUSHFORD, U.S. DEPARTMENT OF JUSTICE filed by AARON BARFIELD, PETER MANNING. (ztth) [Transferred from dcd on 4/28/2021.] |
| Filing 8 MOTION for Leave to File Amended Complaint by AARON BARFIELD, PETER MANNING. "Leave to file GRANTED" by Judge Timothy J. Kelly on 6/18/2020. (Attachment: #1 Exhibit Amended Complaint) (ztth) [Transferred from dcd on 4/28/2021.] |
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Filing 7
ORDER advising Plaintiffs to respond by June 17, 2020, to Defendants' #6 Motion to Dismiss or risk dismissal of the case. See Order for details. Signed by Judge Timothy J. Kelly on 5/19/2020. (lctjk1) [Transferred from dcd on 4/28/2021.]
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| Filing 6 MOTION to Dismiss for Lack of Jurisdiction by RICK GARZA, JAY INSLEE, LIQUOR AND CANNABIS BOARD OF THE STATE OF WASHINGTON, JANE RUSHFORD (Attachments: #1 Text of Proposed Order)(Carr, Michelle) [Transferred from dcd on 4/28/2021.] |
| Set/Reset Deadlines: Response to Dispositive Motion due by 6/15/2020. (zkh) [Transferred from dcd on 4/28/2021.] |
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Filing 5
ORDER advising Plaintiffs to respond by June 15, 2020, to Defendants' #4 Motion to Dismiss or risk dismissal of the case. See Order for details. Signed by Judge Timothy J. Kelly on 5/14/2020. (lctjk1) [Transferred from dcd on 4/28/2021.]
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| Filing 4 MOTION to Dismiss by WILLIAM P. BARR, U.S. DEPARTMENT OF JUSTICE (Attachments: #1 Text of Proposed Order)(Chang, William) [Transferred from dcd on 4/28/2021.] |
| Filing 3 NOTICE of Appearance by William Chang on behalf of WILLIAM P. BARR, U.S. DEPARTMENT OF JUSTICE (Chang, William) [Transferred from dcd on 4/28/2021.] |
| Filing 2 NOTICE of Appearance by Michelle Carr on behalf of RICK GARZA, JAY INSLEE, LIQUOR AND CANNABIS BOARD OF THE STATE OF WASHINGTON, JANE RUSHFORD (Attachments: #1 Certificate of Service)(Carr, Michelle) [Transferred from dcd on 4/28/2021.] |
| Filing fee received: $400.00, receipt number: 4616102602. (ztth) [Transferred from dcd on 4/28/2021.] |
| Filing 1 COMPLAINT against WILLIAM BARR, RICK GARZA, JAY INSLEE, LIQUOR AND CANNABIS BOARD OF THE STATE OF WASHINGTON, JANE RUSHFORD, U.S. DEPARTMENT OF JUSTICE with Jury Demand filed by AARON BARFIELD, PETER MANNING. (Attachment: #1 Civil Cover Sheet) (ztth) [Transferred from dcd on 4/28/2021.] |
| SUMMONS (6) Issued as to WILLIAM BARR, RICK GARZA, JAY INSLEE, JANE RUSHFORD, U.S. DEPARTMENT OF JUSTICE, and U.S. Attorney. (ztth) [Transferred from dcd on 4/28/2021.] |
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