Home/W.D. Washington/Discovery Park Community Alliance v. City of Seattle

Discovery Park Community Alliance v. City of Seattle

District Court, W.D. Washington·Decided August 26, 2020·No. 2:19-cv-01105·Unknown

Opinion

THE HONORABLE JOHN C. COUGHENOUR 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE 9 DISCOVERY PARK COMMUNITY CASE NO. C19-1105-JCC ALLIANCE, a community non-profit 10 corporation, and ELIZABETH CAMPBELL, ORDER 11 Petitioners, 12 v. 13 CITY OF SEATTLE et al., 14 Respondents. 15

16 This matter comes before the Court on Respondents’ renewed motion to dismiss (Dkt. 17 No. 54). The Court takes deadlines seriously and does not condone the delays that Petitioner 18 Elizabeth Campbell has caused by failing to properly serve the United States Army. However, 19 the Court also recognizes that “[d]ismissal is a harsh penalty and is to be imposed in only 20 extreme circumstances.” In re Phenylpropanolamine (PPA) Prods. Liab. Litig., 460 F.3d 1217, 21 1226 (9th Cir. 2006) (quoting Malone v. U.S. Postal Serv., 833 F.2d 128, 130 (9th Cir. 1987)). 22 That harsh penalty is not warranted here. The Court therefore DENIES Respondents’ motion 23 (Dkt. No. 54) and DIRECTS the Clerk to issue a summons on the Army.1 24

25 1 Petitioner should not misinterpret the Court’s leniency. If Petitioner continues to miss deadlines or otherwise fail to comply with the Court’s orders, the Court will impose sanctions. Those 26 sanctions may include dismissal of Petitioner’s case. 1 DATED this 26th day of August 2020. A 2 3 4 John C. Coughenour 5 UNITED STATES DISTRICT JUDGE

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