United States District Court, W.D. Washington, Tacoma
ORDER [DKT. #S 36 AND 39]
HONORABLE RONALD B. LEIGHTON JUDGE
MATTER is before the Court on Plaintiff Lyons' Motion for
Reconsideration [Dkt. #36] of the Court's Order [Dkt.
#33] denying Plaintiff's Motion for the Denial of the
Letter of July 14, 2011 [Dkt. #26]; and granting
Defendants' Motion to Dismiss for Failure to State a
Claim [Dkt. #29]; and on Defendant Blauvelt's Motion to
Dismiss [Dkt. #39].
(an attorney) represented Lyons' opponent (Taft) in the
2012 Pacific County litigation that led to this case. Lyons
lost. He did not appeal. Instead, he sued his own attorneys,
the County administrator, and his opponent's attorney for
a variety of claimed misdeeds. See Lyons v Pacific County
Administrator, et al., Cause No. 16-cv-5256RBL.
Court dismissed Lyons' claims against his own attorneys
(Williams and Doumit) [Dkt. #35 in that case] and then his
claims against the Pacific County Administrator [Dkt. #54 in
that case]. Lyons (twice) prematurely appealed the dismissal
of his claims against his attorneys, and each time the Ninth
Circuit dismissed the appeal because the orders were not
final. [See Dkt. #s 47 and 60 in the 2016 case]. The
Orders were not appealable because Lyons' claims against
Blauvelt had not been adjudicated.
months ago, Lyons sued the same parties, asserting the same
claims, in this second federal case. The Court has already
dismissed Lyons' claims against Williams and Pacific
County [Dkt. #18], and Doumit [Dkt. #33], on res
judicata grounds. Lyons has appealed [See Dkt.
#37] at least one of this Court's prior Orders, which
limits the Court's ability to grant the current pending
an appeal, a District Court's ability to act on a matter
is limited. The Rules do permit a district court to defer or
deny a post-appeal motion, or to make indicative rulings,
subject to a limited remand from the appellate court:
(a) Relief Pending Appeal. If a timely
motion is made for relief that the court lacks authority to
grant because of an appeal that has been docketed and is
pending, the court may:
(1) defer considering the motion;
(2) deny the motion; or
(3) state either that it would grant the
motion if the court of appeals remands for that purpose or
that the motion raises a substantial issue.
(b) Notice to the Court of Appeals. The
movant must promptly notify the circuit clerk under Federal
Rule of Appellate Procedure 12.1 if the district court states
that it would grant the motion or that the motion raises a
Fed R. Civ. P. 62.1; see also F.R.A.P. 12.1.
Motions for Reconsideration are DENIED, for
the reasons articulated in Court's prior Orders
[See Dkt. #33].
Blauvelt has now moved for dismissal of Lyons' claims
against him in this case (and in the prior one). Blauvelt
argues that Lyons has pled not and cannot plead a
plausible claim against him as the attorney representing