United States District Court, W.D. Washington, Tacoma
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,
J. MARK KELLER, et al., Defendants.
ORDER DENYING PLAINTIFFS' MOTION FOR LEAVE TO
FILE THIRD AMENDED COMPLAINT FOR PRELIMINARY AND PERMANENT
J. BRYAN United States District Judge.
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
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.
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.
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.
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.
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).
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.
The Third Amended Complaint.
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.
Plaintiffs' Motion ...