Opinion
C21-1678JLR
01-06-2023
ZION T. GRAE-EL, et al., Plaintiffs, v. CITY OF SEATTLE, et al., Defendants.
ORDER
JAMES L. ROBART UNITED STATES DISTRICT JUDGE
On December 16, 2022, the court ordered Plaintiff Caprice Strange to show cause why her claims against Defendants Seattle Public Schools and Natalie Long (collectively, the “SPS Defendants”) should not be dismissed for failure to prosecute. (12/16/22 OSC (Dkt. # 103).) The court warned Ms. Strange that failure to respond to the order to show cause could result in the dismissal of her claims with prejudice. (Id.) Ms. Strange did not respond to the order by the January 3, 2023 deadline. (See id.; see also Dkt.) The SPS Defendants, however, filed a response in which they explained that Ms. Strange had confirmed on May 27, 2022 that she was not pursuing any claims against the SPS Defendants. (See OSC Resp. (Dkt. # 104); DeCarlow Decl. (Dkt. # 105) ¶ 2, Ex. A at 2-3 (email thread between Ms. Strange and counsel for the SPS Defendants).) In light of Ms. Strange's failure to respond to the order to show cause, the court concludes that Ms. Strange does not intend to further pursue any claims against the SPS Defendants. Accordingly, the court DISMISSES Ms. Strange's claims against the SPS Defendants with prejudice for failure to prosecute.
Having so ordered, the court has now dismissed all of Ms. Strange and Plaintiff Zion T. Grae-El's (collectively, “Plaintiffs”) claims against all Defendants in this case. (See 4/19/22 Order (Dkt. # 73) (dismissing with prejudice Plaintiffs' municipal liability and RCW 9A.84.040 claims against Defendant Seattle Police Department); 8/23/22 Order (Dkt. # 88) (entering summary judgment in favor of Defendants the City of Seattle, Seattle Police Department, Officer Ryoma Nichols, and Sergeant Daina Boggs on Plaintiffs' remaining claims against them); 7/26/22 Order (Dkt. # 85) (dismissing with prejudice all of Plaintiffs' claims against Defendants Seattle Children's Hospital, Stanford Ackley, Brenda Aguilar, and Hannah Deming); 11/8/22 Order (Dkt. # 99) (entering summary judgment in favor of Defendants Stephanie Allison-Noone, Rosalynda Carlton, Annaliese Ferreria, Corey Grace, Schawna Jones, Greg McCormack, Tabitha Pomeroy, Derrick Reinhardt, Christine Spencer, State of Washington Department of Children Youth and Families, Rebecca Webster, and Rachel Zakopyko (collectively, the “State Defendants”) with respect to Plaintiffs' Fourteenth Amendment, Fifth Amendment, and state law negligence claims); 12/05/22 Order (Dkt. # 101) (entering summary judgment in favor of the State Defendants with respect to Plaintiffs' remaining First and Fourth Amendment claims).) The court will enter final judgment consistent with this order.
In light of the foregoing, the court DENIES Defendants' joint motion for final judgment (Dkt. # 106) as moot.