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Comenout v. Pierce County Superior Court

United States District Court, W.D. Washington, Tacoma

March 29, 2017

ROBERT REGINALD COMENOUT SR., EDWARD AMOS COMENOUT III, THE ESTATE OF EDWARD AMOS COMENOUT JR., ROBERT REGINALD COMENOUT JR., MARLENE COMENOUT and LEE A. COMENOUT SR., Plaintiffs,
v.
J. MARK KELLER, et al., Defendants.

          ORDER DENYING PLAINTIFFS' MOTION FOR LEAVE TO FILE THIRD AMENDED COMPLAINT FOR PRELIMINARY AND PERMANENT INJUNCTIONS

          ROBERT J. BRYAN United States District Judge.

         BEFORE THE COURT is Plaintiffs' Motion for Leave to File Third Amended Complaint for Preliminary and Permanent Injunctions (Dkt. 46). The Court has considered pleadings filed in favor of and against the motion and the remainder of the file herein.

         BACKGROUND

         A. Procedural history.

         On June 10, 2016, Plaintiffs filed the Complaint. Dkt. 1. Plaintiffs voluntarily dismissed Defendant Washington State Department of Revenue and Defendant Washington state Liquor and Cannabis Control Board. Dkt. 17. Defendants Joshua Choate, Michael Pellicciotti, and Pierce County Superior Court (collectively “the Prosecutorial and Judicial Defendants”) were dismissed from the case for failure to state a claim under Fed.R.Civ.P. 12(b)(6). Dkt. 18.

         On November 11, 2016, Plaintiffs filed the First Amended Complaint, which was stricken for Plaintiffs' failure to obtain leave to amend. Dkt. 42. See Dkt. 26.

         On November 29, 2016, the Court issued a Scheduling Order that included a deadline for joinder of parties of December 29, 2016, set a discovery cutoff of July 3, 2017, and set a trial date of October 30, 2017. Dkt. 34.

         On January 14, 2017, Plaintiffs filed a Second Amended Complaint. On January 17, 2017, the State Defendants electronically emailed a letter to Plaintiffs' counsel requesting that they withdraw motion to amend. Dkt. 51. Plaintiff withdrew the proposed Second Amended Complaint. Dkts. 43, 44.

         On February 13, 2017, Plaintiffs filed this Motion for Leave to File Third Amended Complaint. Dkt. 46. See Dkt. 46-1 (redline version) and Dkt. 48 (clean version).

         On March 19, 2017, the State Defendants filed a Motion for Sanctions. Dkt. 49. The motion followed the State Defendants' advance notice to Plaintiffs of their intent to seek sanctions.

         B. The Third Amended Complaint.

         The Third Amended Complaint alleges claims against defendants not named in the Complaint: (1) Raj Veluppillai, Al Anderson, Tom Walsh, and Boyd Goodpastor (ATF agents); (2) Douglas Smythe (former employee of the Quinault Indian Nation); (3) Terry Schuh (State of Washington Administrative Law Judge); (4) Thomas Felnagle (Pierce County Superior Court Judge Pro Tem); and Dennis O'Brian (Pierce County Probation Officer). It also amends the claims in the original Complaint. Dkt. 1; Dkt. 48 at 1.

         DISCUSSION

         A. Plaintiffs' Motion ...


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