Nguyen v. City of Vancouver ( 2022 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE 9 HAI NGUYEN, No. 3:22-cv-5077-JHC 10 Plaintiff, ORDER 11 vs. 12 CITY OF VANCOUVER, VANCOUVER POLICE DEPARTMENT, and JOHN DOE, 13 Vancouver Police Officer, 14 Defendants. 15 This matter comes before the Co urt on Defendant City of Vancouver’s Motion for 16 Judgment on the Pleadings. Dkt. # 29. The Court has considered the materials submitted in 17 support of and in opposition to the motion. For the reasons argued by the City—i.e., the 18 complaint seeks to hold it liable under 42 U.S.C. § 1983 under a theory of vicarious liability— 19 the Court GRANTS the motion in part and DISMISSES Plaintiff’s claims without prejudice. 20 Courts have discretion to grant leave to amend in conjunction with 12(c) motions and 21 may dismiss causes of action without prejudice rather than grant judgment. See Carmen v. San 22 Francisco United Sc. Dist., 982 F. Supp. 1396, 1401 (N. D. Cal. 1997), aff’d, 237 F.3d 1026 23 (9th Cir. 2001). The Court so exercises its discretion here to GRANT Plaintiff leave until 24 Friday, July 15, 2022, to amend the complaint. 25 ORDER - 1 | DATED this Ist day of July, 2022. 2 C] oh. Chur 4 HONORABLE JOHN H. CHUN UNITED STATES DISTRICT JUDGE 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ORDER - 2 (W.D. Wash. Cause No. 3:22-cv-05077-JHC)