NINE EERIE NINE NA AMINE ERE OIE ED FaAYyO Ll Ui
1 The Honorable Richard A. Jones 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 9 JANE SULLIVAN and P. POES 1-75, No. 2:22-cv-0204-RAJ individually and on behalf of others similarly 10 situated, 11 Plaintiffs, TEMPORARY RESTRAINING ORDER 12 Vv. 13 THE UNIVERSITY OF WASHINGTON, a +PROPOSEDT Washington public corporation; ELIZA 14 SAUNDERS, Director of Public Records and Open Public Meetings.at the University of 15 Washington, in their official capacity, 16 Defendants, 17 and 18 PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC., a 19 Virginia nonstock corporation, 20 Intervenor-Defendant. 21 22 23 This matter came before the Court on a motion by Plaintiff Jane Sullivan and Plaintiff 24 P. Poe | (“Plaintiffs”), on behalf of themselves and all others similarly situated, for a Temporary 25 Restraining Order against Defendants the University of Washington, and Eliza Saunders, Director 26
TEMPORARY RESTRAINING ORDER - 1 GOLDFARB & HUCK SULLIVAN ET AL. v. UNIVERSITY OF WASHINGTON ET AL. ROTH RIOJAS, PLLC NO. CV22-204-RAJ 925 Fourth Avenue, Suite 3950 Seattle, Washington 98104 (906) 459-0960
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of Public Records and Open Public Meetings at the University of Washington, in their official ? capacity (the “University of Washington Defendants”). The Court, having considered Plaintiffs’ Motion, all materials filed in support thereof, any ‘ materials filed in opposition, and the pleadings and papers of record in this matter, hereby FINDS ° as follows: 6 1. The University of Washington Defendants have received a request under Washington’s Public Records Act, RCW 42.56, submitted by Intervenor-Defendant PETA, for the disclosure of information relating to Plaintiffs’ appointments to the University of Washington’s ° Institutional Animal Care and Use Committee (“IACUC”), namely, Public Records Request PR_2021_000141 (Jones-Engel) (the “Public Records Request”). 2. The Public Records Request seeks disclosure “from January 1, 2014, to the 2 present,” of “all of the Institutional Animal Care and Use Committee appointment letters that institutional officials have created or produced” (the “Appointment Letters”). 3. The University of Washington Defendants have notified at least some of Plaintiffs ° and those similarly situated that, unless restrained by a court order or other judicial prohibition, they believe the Public Records Act likely requires them to release the records at issue in response "7 to PETA’s PRA request. 8 4. Communications by Defendants relating to the Public Records Request also contain 9 personally identifying information of Plaintiffs that identify them as associated with the IACUC. *0 5. On April 26, 2022, this Court issued a Preliminary Injunction in this matter (Dkt 21 #38). 22 6. PETA undertook an interlocutory appeal from this Court’s injunction order, and the Ninth Circuit issued an opinion on February 17, 2023, reversing the injunction. Plaintiffs filed a joint Petition for Rehearing/Rehearing En Banc, which the Court of Appeals denied on Wednesday, * March 29, 2023 (Dkt #67). Accordingly, the parties expect the Court of Appeals’ mandate to issue * on Wednesday, April 5, 2023.
TEMPORARY RESTRAINING ORDER - 2 GOLDFARB & HUCK SULLIVAN ET AL. v. UNIVERSITY OF WASHINGTON ET AL. ROTH RIOJAS, PLLC NO. CV22-204-RAT ak Wa (206) 4457-0760
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7. PETA’s Motion to Dismiss Plaintiffs’ Second Amended Complaint is currently pending. 8. Plaintiffs state their intent to shortly file a Motion to Modify Injunction / Motion ‘ for Preliminary Injunction, noted for April 28, 2023, based upon the following causes of action ° from Plaintiffs’ Second Amended Complaint: ® a. Plaintiffs’ claim that the records at issue are exempt from disclosure under ’ Washington’s Public Records act through RCW 4.24.580, an anti-harassment statute that constitutes an “other statute” exemption from PRA disclosure; and ° b. Plaintiffs’ claim that the disclosure of their personally identifying information '0 would violate their rights of personal security and bodily integrity under the " Constitutions of Washington and the United States. 2 9. Plaintiffs have given Defendants, through their counsel, notice of their intent to seek 8 this Temporary Restraining Order. 4 10. PETA does not concede the Court has subject-matter jurisdiction to enter this TRO, or that Plaintiffs have met the requirements for issuance of a TRO on the merits. '6 11. | PETA does not oppose the issuance of a TRO that expires no later than May 3, 2023. 18 12. PETA will not seek Public Records Act penalties or fees from the University of Washington while this Temporary Restraining Order remains in effect, in this matter or any separate one, with respect to records covered by the Temporary Restraining Order, in response to 2] any pending public records request. 22 13. The University of Washington Defendants do not concede the Court has subject- matter jurisdiction to enter this TRO, or that Plaintiffs have met the requirements for issuance of a * TRO on the merits. 14. The University of Washington Defendants do not oppose the issuance of this TRO. 26
TEMPORARY RESTRAINING ORDER - 3 GOLDFARB & HUCK SULLIVAN ET AL. v. UNIVERSITY OF WASHINGTON ET AL. ROTH RIOJAS, PLLC NO, CV22-204-RAJ Wages (906) 452.0260
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15. ‘If the documents and information at issue were to be released on or about April 5, 2023, due to the issuance of the Ninth Circuit’s mandate, it would irreparably harm Plaintiffs and eliminate any possibility of their requested relief, before this Court has an opportunity to decide on ‘ the merits the issues raised by PETA’s Motion to Dismiss Plaintiffs’ Second Amended Complaint ° and by Plaintiffs’ Motion to Modify Injunction / Motion for Preliminary Injunction, based on 6 Plaintiffs’ Second Amended Complaint. ’ 16. The materials submitted by Plaintiffs and declarants on their behalf in this matter 8 establish that Plaintiffs and members of the putative class, due to their association with the IACUC, face a substantial and ongoing threat of harassment by members of the public who are opposed to '0 animal research. " 17. Plaintiffs provide evidence sufficient to conclude, for purposes of this motion, that "2 harassment directed at Plaintiffs and members of the putative class, based on their association with 8 the IACUC, likely will increase if they are publicly identified as associated with the IACUC, due 4 to the disclosure of their personally identifying information. 18. Plaintiffs include employees of a research or educational facility involved in animal '6 research. 17 18 Based on the foregoing findings, the Court CONCLUDES as follows: 19 20 19. This Court has jurisdiction and venue over the subject matter and over Defendants. 2! 20. The harassment likely to be directed at Plaintiffs and putative class members, if their personally identifying information were to be disclosed, is potentially sufficient to satisfy the terms °° of RCW 4.24.580, making the relevant records exempt from disclosure under Washington’s Public Records Act, RCW 42.56.070(1), and RCW 42.56.540. * 21.
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NINE EERIE NINE NA AMINE ERE OIE ED FaAYyO Ll Ui
1 The Honorable Richard A. Jones 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 9 JANE SULLIVAN and P. POES 1-75, No. 2:22-cv-0204-RAJ individually and on behalf of others similarly 10 situated, 11 Plaintiffs, TEMPORARY RESTRAINING ORDER 12 Vv. 13 THE UNIVERSITY OF WASHINGTON, a +PROPOSEDT Washington public corporation; ELIZA 14 SAUNDERS, Director of Public Records and Open Public Meetings.at the University of 15 Washington, in their official capacity, 16 Defendants, 17 and 18 PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC., a 19 Virginia nonstock corporation, 20 Intervenor-Defendant. 21 22 23 This matter came before the Court on a motion by Plaintiff Jane Sullivan and Plaintiff 24 P. Poe | (“Plaintiffs”), on behalf of themselves and all others similarly situated, for a Temporary 25 Restraining Order against Defendants the University of Washington, and Eliza Saunders, Director 26
TEMPORARY RESTRAINING ORDER - 1 GOLDFARB & HUCK SULLIVAN ET AL. v. UNIVERSITY OF WASHINGTON ET AL. ROTH RIOJAS, PLLC NO. CV22-204-RAJ 925 Fourth Avenue, Suite 3950 Seattle, Washington 98104 (906) 459-0960
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of Public Records and Open Public Meetings at the University of Washington, in their official ? capacity (the “University of Washington Defendants”). The Court, having considered Plaintiffs’ Motion, all materials filed in support thereof, any ‘ materials filed in opposition, and the pleadings and papers of record in this matter, hereby FINDS ° as follows: 6 1. The University of Washington Defendants have received a request under Washington’s Public Records Act, RCW 42.56, submitted by Intervenor-Defendant PETA, for the disclosure of information relating to Plaintiffs’ appointments to the University of Washington’s ° Institutional Animal Care and Use Committee (“IACUC”), namely, Public Records Request PR_2021_000141 (Jones-Engel) (the “Public Records Request”). 2. The Public Records Request seeks disclosure “from January 1, 2014, to the 2 present,” of “all of the Institutional Animal Care and Use Committee appointment letters that institutional officials have created or produced” (the “Appointment Letters”). 3. The University of Washington Defendants have notified at least some of Plaintiffs ° and those similarly situated that, unless restrained by a court order or other judicial prohibition, they believe the Public Records Act likely requires them to release the records at issue in response "7 to PETA’s PRA request. 8 4. Communications by Defendants relating to the Public Records Request also contain 9 personally identifying information of Plaintiffs that identify them as associated with the IACUC. *0 5. On April 26, 2022, this Court issued a Preliminary Injunction in this matter (Dkt 21 #38). 22 6. PETA undertook an interlocutory appeal from this Court’s injunction order, and the Ninth Circuit issued an opinion on February 17, 2023, reversing the injunction. Plaintiffs filed a joint Petition for Rehearing/Rehearing En Banc, which the Court of Appeals denied on Wednesday, * March 29, 2023 (Dkt #67). Accordingly, the parties expect the Court of Appeals’ mandate to issue * on Wednesday, April 5, 2023.
TEMPORARY RESTRAINING ORDER - 2 GOLDFARB & HUCK SULLIVAN ET AL. v. UNIVERSITY OF WASHINGTON ET AL. ROTH RIOJAS, PLLC NO. CV22-204-RAT ak Wa (206) 4457-0760
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7. PETA’s Motion to Dismiss Plaintiffs’ Second Amended Complaint is currently pending. 8. Plaintiffs state their intent to shortly file a Motion to Modify Injunction / Motion ‘ for Preliminary Injunction, noted for April 28, 2023, based upon the following causes of action ° from Plaintiffs’ Second Amended Complaint: ® a. Plaintiffs’ claim that the records at issue are exempt from disclosure under ’ Washington’s Public Records act through RCW 4.24.580, an anti-harassment statute that constitutes an “other statute” exemption from PRA disclosure; and ° b. Plaintiffs’ claim that the disclosure of their personally identifying information '0 would violate their rights of personal security and bodily integrity under the " Constitutions of Washington and the United States. 2 9. Plaintiffs have given Defendants, through their counsel, notice of their intent to seek 8 this Temporary Restraining Order. 4 10. PETA does not concede the Court has subject-matter jurisdiction to enter this TRO, or that Plaintiffs have met the requirements for issuance of a TRO on the merits. '6 11. | PETA does not oppose the issuance of a TRO that expires no later than May 3, 2023. 18 12. PETA will not seek Public Records Act penalties or fees from the University of Washington while this Temporary Restraining Order remains in effect, in this matter or any separate one, with respect to records covered by the Temporary Restraining Order, in response to 2] any pending public records request. 22 13. The University of Washington Defendants do not concede the Court has subject- matter jurisdiction to enter this TRO, or that Plaintiffs have met the requirements for issuance of a * TRO on the merits. 14. The University of Washington Defendants do not oppose the issuance of this TRO. 26
TEMPORARY RESTRAINING ORDER - 3 GOLDFARB & HUCK SULLIVAN ET AL. v. UNIVERSITY OF WASHINGTON ET AL. ROTH RIOJAS, PLLC NO, CV22-204-RAJ Wages (906) 452.0260
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15. ‘If the documents and information at issue were to be released on or about April 5, 2023, due to the issuance of the Ninth Circuit’s mandate, it would irreparably harm Plaintiffs and eliminate any possibility of their requested relief, before this Court has an opportunity to decide on ‘ the merits the issues raised by PETA’s Motion to Dismiss Plaintiffs’ Second Amended Complaint ° and by Plaintiffs’ Motion to Modify Injunction / Motion for Preliminary Injunction, based on 6 Plaintiffs’ Second Amended Complaint. ’ 16. The materials submitted by Plaintiffs and declarants on their behalf in this matter 8 establish that Plaintiffs and members of the putative class, due to their association with the IACUC, face a substantial and ongoing threat of harassment by members of the public who are opposed to '0 animal research. " 17. Plaintiffs provide evidence sufficient to conclude, for purposes of this motion, that "2 harassment directed at Plaintiffs and members of the putative class, based on their association with 8 the IACUC, likely will increase if they are publicly identified as associated with the IACUC, due 4 to the disclosure of their personally identifying information. 18. Plaintiffs include employees of a research or educational facility involved in animal '6 research. 17 18 Based on the foregoing findings, the Court CONCLUDES as follows: 19 20 19. This Court has jurisdiction and venue over the subject matter and over Defendants. 2! 20. The harassment likely to be directed at Plaintiffs and putative class members, if their personally identifying information were to be disclosed, is potentially sufficient to satisfy the terms °° of RCW 4.24.580, making the relevant records exempt from disclosure under Washington’s Public Records Act, RCW 42.56.070(1), and RCW 42.56.540. * 21. | The harassment likely to be directed at Plaintiffs and putative class members, if their * personally identifying information were to be disclosed, is potentially sufficient to violate
TEMPORARY RESTRAINING ORDER - 4 GOLDFARB & HUCK SULLIVAN ET AL. v. UNIVERSITY OF WASHINGTON ET AL. ROTH RIOJAS, PLLC NO. CV22-204-RAJ Seat, Washington 98104 (206) 452-0260
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Plaintiffs’ rights of personal security and bodily integrity under the Constitutions of Washington ° and the United States. 22. Release of the personally identifying information of Plaintiffs and putative class ‘ members prior to the Court’s ruling on the merits of PETA’s Motion to Dismiss Plaintiffs’ Second ° Amended Complaint and Plaintiffs’ Motion to Modify Injunction / Motion for Preliminary Injunction would not be in the public interest and would substantially and irreparably damage ’ Plaintiffs, putative class members, and the IACUC. 23. Under the Ninth Circuit’s sliding scale approach, Plaintiffs dernonstrate “serious ° questions going to the merits” of their claims “and the balance of hardships tips sharply in [their] 0 favor.” See Alliance for the Wild Rockies v. Cottrell, 632 F.3d 1127, 1131 (9th Cir. 2011). 24. Defendants received adequate notice of Plaintiffs’ Motion for Temporary Restraining Order. 8 25. A Temporary Restraining Order against the University of Washington Defendants 4 is warranted to preserve the status quo, pending a hearing on whether to enter a preliminary and permanent injunction. 26. No bond is necessary to protect the rights of Defendants. 17 8 The Court therefore ORDERS: 19 20 27. Plaintiffs’ Motion for a Temporary Restraining Order is GRANTED. 21 28. Pending further order of this Court, the University of Washington Defendants are enjoined from disclosing the personally identifying information of Plaintiffs and putative class members, specifically, any current or former member or alternate member of the IACUC, in response or in relation to any request under Washington’s Public Records Act, whether in Appointment Letters, in communications relating to the Public Records Request, or otherwise, to 26
TEMPORARY RESTRAINING ORDER - 5 GOLDFARB & HUCK SULLIVAN ET AL. v. UNIVERSITY OF WASHINGTON ET AL. ROTH RIOJAS, PLLC NO. CV22-204-RAJ ‘a unneeeoeo 250 (206) 452-0260
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the extent such disclosure would identify any such individual as associated with the IACUC, on 2 the same terms as the Court’s prior preliminary injunction order (Dkt #38). 3 29. This Temporary Restraining Order shall remain in effect until May 3, 2023, or until 4 further order of this Court, whichever is sooner. 5 30. The bond requirement of Fed. R. Civ. P. 65(c) is inapplicable and is hereby 6 WAIVED. 7 8 DATED this Lt day of April, 2023. 9 10 11 12 RICHARD A. JONES United States District Judge 13 M4 Presented by: 15 || Goldfarb & Huck Roth Riojas, PLLC 16 /s/Darwin P. Roberts 7 Darwin P. Roberts, WSBA No. 32539 18 925 Fourth Avenue, Suite 3950 Seattle, Washington 98104 19 Telephone: (206) 452-0260 Facsimile: (206) 397-3062 20 E-mail: roberts(@goldfarb-huck.com Counsel for Plaintiffs Jane Sullivan, ef al. 22 23 24 25 26
TEMPORARY RESTRAINING ORDER - 6 GOLDFARB & HUCK SULLIVAN ET AL. v. UNIVERSITY OF WASHINGTON ET AL. ROTH RIOJAS, PLLC NO. CV22-204-RAJ 925 Fourth Avenue, Suite 3950 Seattle, Washington 98104 (206) 452-0260
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1 2 Approved as to form: 3 s/ Nancy _S. Garland 4 || NANCY S. GARLAND, WSBA #43501 s/__ Jessica Creighton 6 JESSICA CREIGHTON, WSBA #37956 Assistant Attorneys General 7 Washington Attorney General’s Office University of Washington Division 8 || 4333 Brooklyn Avenue NE, 18° Floor 9 Seattle, Washington 98195-9475 . Phone: (206) 543-4150 10 Facsimile: (206) 543-0779 11 E-mail: nancys.garland@atg.wa.gov jessica.creighton(@atg.wa. gov 12 Attorneys for Defendants the University of Washington and Eliza Saunders 13 14 ANGELI LAW GROUP LLC 15 s/ Peter D. Hawkes 16 Peter D. Hawkes, WSBA #56794 Angeli Law Group LLC 17 121 SW Morrison Street, Suite 400 Portland, OR 97204 18 Tel: 971-420-0220 Fax: 503-227-0880 19 20 Attorneys for People for the Ethical Treatment of Animals, Inc. 21 22 23 24 25 26
TEMPORARY RESTRAINING ORDER - 7 GOLDFARB & HUCK SULLIVAN ET AL. v. UNIVERSITY OF WASHINGTON ET AL. ROTH RIOJAS, PLLC NO. CV22-204-RAJ 925 Fourth Avenue, Suite 3950 Seattle, Washington 98104 (206) 452-0260