White v. King County Sheriff's Office

Opinion

1 2 3

4 5 UNITED STATES DISTRICT COURT 6 WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 MELISSA WHITE and ROGER WHITE, CASE NO. 2:23-cv-01761-JHC 8

Plaintiffs, ORDER 9 v. 10 KING COUNTY SHERIFF'S OFFICE, et al. , 11

Defendants. 12 13

14 This matter comes before the Court on King County Defendants’ Fed. R. Civ. P. 12(c) 15 Motion to Dismiss. Dkt. # 42. The briefing on the motion addresses the issue of a law 16 enforcement officer’s “implied license . . . to approach a resident to speak to the occupants.” 17 Dkt. # 42 at 5 (citing Florida v. Jardines, 569 U.S. 1 (2013)). The briefing does not address, 18 however, the Ninth Circuit’s discussion in United States v. Lundin, 817 F.3d 1151, 1158–60 19 (2016), nor does it discuss the application of RCW § 10.99.030 and RCW § 10.31.100. 20 In light of Lundin and the above statutes, the Court ORDERS supplemental briefing on 21 this issue. 22 Defendants’ brief must not exceed 2,100 words and must be filed by 5:00 p.m. on 23 September 13, 2024. 24 l Plaintiffs’ brief must not exceed 2,100 words and must be filed by 5:00 p.m. on 2 September 20, 2024. 3 The Court DIRECTS the Clerk to re-note Defendants’ motion to dismiss (Dkt. # 42) for 4 September 20, 2024. 5 Dated this 6th day of September, 2024. ° Cok 4. Chur 7 John H. Chun United States District Judge 8 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24