Washington Cases January 02, 2024: Krabach v. King Cnty.

Case Description

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David J. Hackett, Ann Summers, Senior Deputy Prosecuting Attorneys KING COUNTY PROSECUTING ATTORNEY'S OFFICE Attorneys for Defendants, King County and Director Wise

Robert A. Bouvatte, Jr. ROBERT A. BOUVATTE, PLLC Attorney for Plaintiff

JOINT STIPULATION AND MOTION FOR VOLUNTARY DISMISSAL WITHOUT PREJUDICE BETWEEN PLAINTIFF AND KING COUNTY DEFENDANTS

Barbara Jacobs Rothstein U.S. District Court Judge

I. STIPULATED MOTION.

Pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure, and Local Civil Rules 7(d)(1) and 10(g), and the Court's Standing Order [Dkt. No. 7], the parties to the above-captioned case, including the Plaintiff, AMBER KRABACH (“Plaintiff”); KING COUNTY (the “County”); and JULIE WISE, in her individual capacity and official capacity as Director of King County Elections (“Director Wise”) (collectively, “King County Defendants”) (the Plaintiff and King County Defendants may hereinafter be jointly referred to as the “Parties”); by and through

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their undersigned attorneys, have stipulated to and hereby jointly request the Court's approval of a voluntary dismissal, without prejudice, of the Plaintiff's causes of action against King County Defendants, as set forth in Claims 1-6 of the Second Amended Complaint for Declaratory Relief, Injunctive Relief, and Damages (the “Second Amended Complaint”) [Dkt. No. 70], as well as a voluntary dismissal, without prejudice, of King County Defendants' counter-causes of action 1 & 2, and all claims set forth in their Answer of Defendants King County and Julie Wise, Director of King Elections, to Second Amended Complaint and Counterclaims [Corrected] [Dkt. No. 90] (the “Counterclaims”), and in support thereof, further state as follows:

1. Plaintiff's Complaint [Dkt. No. 1] was filed on September 7, 2022, asserting claims against King County Defendants, as well as Secretary of State Steve Hobbs and Governor Jay Inslee (the “State Defendants”).

2. On September 13, 2022, the Court issued its Standing Order for All Civil Cases (the “Standing Order”) [Dkt. No. 7].

3. On March 28, 2023, pursuant to an Order of the Court, see Dkt. No. 69, the Plaintiff filed her Second Amended Complaint [Dkt. No. 70] in this matter, asserting the foregoing claims against King County Defendants, and in part, against the State Defendants that are not included as Parties to the instant stipulation for voluntary dismissal.

4. King County Defendants filed their Counterclaims [Dkt. No. 90] in this matter on May 23, 2023 [Dkt. No. 90].

5. The Plaintiff sought dismissal of King County Defendants' Counterclaims, by way of a motion filed May 2, 2023, see Dkt. No. 82, and King County Defendants sought dismissal of the Second Amended Complaint [Dkt. No. 70] against them, by way of a Notice of Joinder [Dkt. No. 77] in a request for dismissal filed by the State Defendants.

6. The Court dismissed the Plaintiff's challenge to the Electioneering Laws, against both the State Defendants and King County Defendants, see Dkt. No. 107, but did not dismiss any of the Plaintiff's other claims brought against King County Defendants.

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7. On October 25, 2023, the Court denied Plaintiff's request for dismissal of the County Defendants' Counterclaims, see Dkt. No. 108, and subsequently, on November 8, 2023, entered the Order Setting Trial Dates and Related Dates [Dkt. No. 112].

8. Although the Parties have engaged in discovery subsequent thereto, in accordance with the foregoing case schedule, at this time they mutually desire to resolve the foregoing claims brought against each other, in order to avoid the cost and uncertainty of further litigation on those claims. In so doing, no party admits or acknowledges liability or fault in connection with any of the claims that are the subject of this stipulated voluntary dismissal.

9. As such, the Parties jointly stipulate to the following terms and request the Court's entry of the below stipulated Order reflecting same:

i. Claims 1-6 in the Plaintiff's Second Amended Complaint [Dkt. No. 70], to the extent that they are brought against King County Defendants, should be dismissed, without prejudice;

ii. King County Defendants' Counterclaims [Dkt. No. 90] against Plaintiff should be dismissed, without prejudice;

iii. This Stipulation and voluntary dismissal shall not include any of the Plaintiff's challenges to the Electioneering Laws brought against the State Defendants, nor any other claims brought against the State Defendants in the Second Amended Complaint [Dkt. No. 70], which were dismissed with prejudice on October 19, 2023; and iv. The Parties shall each bear their own attorney's fees and costs with respect to this matter.

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It is SO AGREED

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ORDER

Having reviewed the foregoing stipulation and good cause appearing therefore, IT IS HEREBY ORDERED:

1. The Parties' Joint Motion and Stipulation for Voluntary Dismissal Without Prejudice is hereby GRANTED;

2. Claims 1-6 in the Plaintiff's Second Amended Complaint [Dkt. 70], to the extent that they are brought against the King County Defendants, are hereby DISMISSED, without prejudice;

3. The County Defendants' Counterclaims [Dkt. 90] against Plaintiff are hereby DISMISSED, without prejudice; and

4. The Plaintiff and the King County Defendants shall each bear their own attorney's fees and costs with respect to this matter.

IT IS SO ORDERED.