Le v. Urquhart ( 2019 )

1 2 3 4 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 5 AT SEATTLE 6 BAO XUYEN LE, as Personal Representative of the Estate of Tommy 7 Le; HOAI “SUNNY” LE; and DIEU HO, 8 Plaintiffs, 9 C18-55 TSZ v. 10 MINUTE ORDER REVEREND DR. MARTIN LUTHER 11 KING, JR. COUNTY; and KING COUNTY DEPUTY SHERIFF CESAR 12 MOLINA, 13 Defendants. 14 The following Minute Order is made by direction of the Court, the Honorable 15 Thomas S. Zilly, United States District Judge: (1) Plaintiffs’ motion for leave to amend, docket no. 218, is GRANTED in part 16 and DENIED in part, as follows. 17 (a) Plaintiffs will be allowed to file a Third Amended Complaint asserting a negligence claim in light of the recent decision in Beltran-Serrano v. 18 City of Tacoma, 193 Wn.2d 537, 442 P.3d 608 (2019). The Court will set deadlines for the filing of such amended pleading, the filing of any responsive 19 pleading or motion, and the completion of any related discovery after the appeal in this matter is resolved and the stay imposed by the Order entered June 4, 2019, 20 docket no. 209, is lifted. 21 (b) Plaintiffs’ request to lift the stay and permit them to immediately file their proposed Third Amended Complaint is DENIED. Plaintiffs’ proposed Third 22 Amended Complaint, docket nos. 218-2 (redlined) & 218-3, attempts to resurrect 1 claims that have already been dismissed. See Minute Order (docket no. 38) (dismissing claim for reckless or negligent infliction of emotional distress, which 2 plaintiffs have tried to replead as the Fifth Cause of Action in the proposed Third Amended Complaint); Stip. & Order (docket no. 65) (dismissing claim for 3 negligent selection, training, and supervision, which is set forth as the Sixth Cause of Action in the proposed Third Amended Complaint); Stip. & Order (docket 4 no. 90) (approving non-suit of Julia Nguyen, who is named as a plaintiff in the proposed Third Amended Complaint); Minute Order (docket no. 143) (dismissing 5 the equal protection / racially-selective law enforcement claim that appears within the First Cause of Action in the proposed Third Amended Complaint); Order 6 (docket no. 189) (dismissing claim for outrage, identified as the Fourth Cause of Action in the proposed Third Amended Complaint, and terminating as plaintiffs 7 Uyen Le, Kim Tuyet Le, Quoc Nguyen, Tam Nguyen, Dung Nguyen, and Jefferson Ngyuen aka Jefferson Ho, who are listed in the caption of the proposed 8 Third Amended Complaint). With the exception of the negligence claim, as to which plaintiffs contend a change in the law has transpired, plaintiffs may not, by 9 amending their pleadings, reinstate claims that were previously dismissed. 10 (2) The Clerk is directed to send a copy of this Minute Order to all counsel of record. 11 Dated this 2nd day of December, 2019. 12 William M. McCool 13 Clerk 14 s/Karen Dews Deputy Clerk 15 16 17 18 19 20 21 22