Protester Motion to file a Third Amended Complaint

1

HONORABLE JUDITH RAMSEYER Noted for: 3/16/2021 Trial Date: 9/27/2021

2 3 4 5 6

SUPERIOR COURT OF WASHINGTON FOR KING COUNTY

7 8 9 10 11 12 13 14 15 16 17

The Estate of SUMMER JOLIE WILLIAMS TAYLOR, by and through MATTHEW D. TAYLOR, Personal Representative, ZOE ADBERG, SARA ANDERSON, GRACE CARMACK, ABIE EKENEZAR, EDWARD FARMER, NIMA FORGHANI, ZACHARY GARDNER, IAN GOLASH, DANIEL GREGORY, LEXUS HARTLEY, CLAYTON HOLLOBAUGH, JASON SCHIERER as guardian ad litem for minor MALICHI HOWE a.k.a. BRYAUNA HOWE, JESSE HUGHEY, AUBREANNA INDA, MARY JURGENSEN, JOHN W. KELLIHER, JENNA KINYON, BEN KOENIGSBERG, JACOB KOENIGSBERG, SETH KRAMER, CHLOE MERINO, LOGAN MILLER, TONI MILLS, WESLEY PEACOCK, JORDAN A. PICKETT, CHARLES PIERCE, DANIEL PIERCE, RENEE RAKETTY, ALEXANDER RUEDEMANN, MEGHAN THOMPSON, BRUCE TOM, ALIYE VOLKAN, STEVEN WIDMAYER, JOSEPH WIESER, GILLIAN WILLIAMS, and DOES 1-40;

18 19 20 21 22 23 24

No. 20-2-14351-1 SEA PLAINTIFFS’ THIRD MOTION TO FILE A THIRD AMENDED COMPLAINT

Plaintiffs, v.

CITY OF SEATTLE, a governmental entity, STATE OF WASHINGTON, a governmental entity, and KING COUNTY, a governmental entity; Defendants.

PLAINTIFFS’ THIRD MOTION TO FILE A THIRD AMENDED COMPLAINT - 1

STRITMATTER KESSLER KOEHLER MOORE 3600 15th Ave West, Suite 300 Seattle, WA 98119 Tel: 206-448-1777

I.

1

RELIEF REQUESTED

2

Plaintiffs, through counsel, respectfully request the Court for an order permitting them to

3

file a third amended complaint in this matter, in the form appended hereto as Exhibit A (a redline

4

version of the Complaint showing the amendments is attached hereto as Exhibit B).

II.

5

STATEMENT OF FACTS

6

This lawsuit is filed on behalf of peaceful protesters in Seattle engaged in Freedom of

7

Speech and Assemblage on behalf The Black Lives Matter Movement and George Floyd. This

8

case alleges that in response to protests against police discrimination and brutality, the Seattle

9

Police Department chose to engage in discrimination and brutality. The SPD defied conditions of

10

a Federal Consent Decree and violated its own policies, practices and procedures. Both the City of

11

Seattle and the State of Washington negligently failed to protect protesters from reasonably

12

foreseeable dangers including vehicular traffic, counter-protesters, and others, leading to the death

13

of Summer Taylor. This case further alleges that King County injured certain Plaintiffs during the

14

course of their confinement after arrest. Plaintiffs filed their Complaint on September 25, 2020, a

15

First Amended Complaint on October 8, 2020, and a Second Amended Complaint on January 5,

16

2021.

17

The BLM/George Floyd protests continue to this day, and have resulted in additional

18

injuries not just to these Plaintiffs but countless others, including other individuals represented by

19

the undersigned counsel. To file suit against government entities like Defendants, plaintiffs must

20

file tort claim forms and wait the requisite 60-day notice period. Since the filing of Plaintiffs’

21

Second Amended Complaint, more details have come to light about the existing Plaintiffs, and

22

claims for additional Plaintiffs have ripened. Plaintiffs seek to amend the Complaint to add these

23

claims and allegations.

24

PLAINTIFFS’ THIRD MOTION TO FILE A THIRD AMENDED COMPLAINT - 2

STRITMATTER KESSLER KOEHLER MOORE 3600 15th Ave West, Suite 300 Seattle, WA 98119 Tel: 206-448-1777

1

Plaintiff also seeks to add (1) allegations and claims against Defendant Dawit Kelete, who

2

negligently operated his vehicle, contributing to the death of Summer Taylor, as well as (2)

3

allegations and claims against Defendant City of Seattle for Public Records Act (PRA) violations

4

relating to PRA requests made by or on behalf of Plaintiffs. Finally, Plaintiffs seek to amend its

5

complaint in conformity with the Court’s recent orders (1) Granting Plaintiff Daniel Gregory’s

6

request for dismissal without prejudice dated February 17, 2021, and (2) Denying in part

7

Defendant City of Seattle’s Partial 12(b)(6) motion dated February 19, 2021, specifically by adding

8

additional details regarding Plaintiffs’ injunctive claims.

9 10 11 12 13 14

III.

STATEMENT OF ISSUE

Should Plaintiffs be granted leave to file and serve their proposed amended complaint?

IV.

EVIDENCE RELIED UPON

The Motion relies upon the Declaration of Karen Koehler, and the pleadings and records filed with the Court in this action.

V.

LEGAL AUTHORITY

15

Civil Rule 15 provides that a party may amend a pleading by leave of the court, “and leave

16

shall be freely given when justice so requires.” Courts universally take the “freely given”

17

requirement seriously. Leave should be given “except where prejudice to the opposing party would

18

result.” Herron v. Tribune Pub. Co., Inc., 108 Wn.2d 162, 736 P.2d 249 (1987) (quoting Caruso

19

v. Local Union 690 of Int'l Bhd. of Teamsters, 100 Wn.2d 343, 349, 670 P.2d 240 (1983)).

20

The proposed amendment to the complaint benefits Plaintiffs by alleging additional facts and

21

causes of action, and by joining additional Plaintiffs with similar allegations as well as parties that

22

may be adjudged liable for their damages. This case was only recently filed in late September and

23

trial is still seven months away. Neither the City of Seattle nor King County has answered the

24

PLAINTIFFS’ THIRD MOTION TO FILE A THIRD AMENDED COMPLAINT - 3

STRITMATTER KESSLER KOEHLER MOORE 3600 15th Ave West, Suite 300 Seattle, WA 98119 Tel: 206-448-1777

1

Complaint, and discovery has only just begun. Defendants are not unfairly prejudiced by the

2

proposed amendments. Leave should be granted.

VI.

3 4 5 6

CONCLUSION

For the foregoing reasons, Plaintiffs respectfully request the Court to grant their Motion.

A proposed order accompanies this Motion.

DATED this 3rd day of March, 2021.

7

I certify that this memorandum contains 618 words, in compliance with the Local Civil Rules.

8

STRITMATTER KESSLER KOEHLER MOORE

9 10

13

Karen K. Koehler, WSBA#15325 Lisa Benedetti, WSBA#43194 Melanie Nguyen, WSBA#51724 Fred Rabb, WSBA#56336 Co-Counsel for Plaintiff

14

CEDAR LAW PLLC

11 12

15 16 17 Sarah Lippek, WSBA No. 46452 Lara Hruska, WSBA No. 46531 Chris Williams, WSBA No. 34521 Shannon McMinimee, WSBA No. 34471 Co-Counsel for Plaintiffs

18 19 20 21 22 23 24

PLAINTIFFS’ THIRD MOTION TO FILE A THIRD AMENDED COMPLAINT - 4

STRITMATTER KESSLER KOEHLER MOORE 3600 15th Ave West, Suite 300 Seattle, WA 98119 Tel: 206-448-1777

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

CERTIFICATION I hereby certify that on March 3, 2021, I delivered a copy of the document to which this certification is attached for delivery to all counsel of record as follows: Defendant City of Seattle Ghazal Sharifi, WSBA#47750 Joseph Groshong, WSBA#41593 Rebecca Widen, WSBA#57339 Seattle City Attorney’s Office 701 Fifth Avenue, Suite 2050 Seattle, WA 98104 Ghazal.sharifi@seattle.gov Joseph.Groshong@seattle.gov Rebecca.widen@seattle.gov & Mark S. Filipini, WSBA#32501 Michael D. McKay, WSBA#7040 Martha J. Dawson, WSBA#11795 G.William Shaw, WSBA#8573 K&L Gates LLP 925 Fourth Avenue, Suite 2900 Seattle, WA 98104-1158 Mark.filipini@klgates.com Mike.mckay@klgates.com Martha.dawson@klgates.com Bill.shaw@klgates.com Defendant State of Washington Steve Puz, WSBA#17407 Scott A. Marlow, WSBA#25987 7141 Cleanwater Drive SW PO Box 40126 Olympia, WA 98504-0126 Steve.Puz@atg.wa.gov Scott.Marlow@atg.wa.gov & serviceATG@atg.wa.gov Defendant King County SAMANTHA D. KANNER, WSBA #36943 ANN SUMMERS, WSBA #21509 Senior Deputy Prosecuting Attorneys Attorneys for Defendant King County 500 4th Avenue, 9th Floor Seattle, WA 98104 samantha.kanner@kingcounty.gov PLAINTIFFS’ THIRD MOTION TO FILE A THIRD AMENDED COMPLAINT - 5

U.S. Mail Fax Legal messenger Electronic Delivery (via KCSC Efiling/email delivery)

U.S. Mail Fax Legal messenger Electronic Delivery (via KCSC Efiling/email delivery)

U.S. Mail Fax Legal messenger Electronic Delivery (via KCSC Efiling/email delivery)

STRITMATTER KESSLER KOEHLER MOORE 3600 15th Ave West, Suite 300 Seattle, WA 98119 Tel: 206-448-1777

1

ann.summers@kingcounty.gov

2 3

/s/ Kristin Michaud

4

Kristin Michaud, Paralegal

5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

PLAINTIFFS’ THIRD MOTION TO FILE A THIRD AMENDED COMPLAINT - 6

STRITMATTER KESSLER KOEHLER MOORE 3600 15th Ave West, Suite 300 Seattle, WA 98119 Tel: 206-448-1777