Case: Price v. City of Seattle

2:03-cv-01365 | U.S. District Court for the Western District of Washington

Filed Date: June 27, 2003

Closed Date: July 9, 2007

Clearinghouse coding complete

Case Summary

This is a case about a mandatory policy of impounding motor vehicles following the arrest of individuals for driving with a suspended or revoked license in Seattle, Washington. Initially filed in state court, this action was removed to the United States District Court for the Western District of Washington by the defendant, the City of Seattle, on June 27, 2003. The plaintiffs in this case were individuals who had their vehicles impounded by the defendant under the defendant’s mandatory impound…

This is a case about a mandatory policy of impounding motor vehicles following the arrest of individuals for driving with a suspended or revoked license in Seattle, Washington. Initially filed in state court, this action was removed to the United States District Court for the Western District of Washington by the defendant, the City of Seattle, on June 27, 2003. The plaintiffs in this case were individuals who had their vehicles impounded by the defendant under the defendant’s mandatory impoundment policy seeking to represent a class of similarly situated persons. In addition to naming the City of Seattle, the plaintiffs also named four towing services that contracted with the city. (Those claims against the companies were voluntarily dismissed on May 23, 2005.) The plaintiffs alleged that the mandatory impoundment policy violated due process guarantees in the Fifth and Fourteenth Amendments; was considered an unlawful seizure under the Fourth Amendment; constituted several state common law theories of liability; and violated the state constitution. As such, the plaintiffs sought declaratory and injunctive relief as well as monetary damages.

On May 4, 2004, Judge Marsha J. Pechman granted the plaintiffs’ motion to certify the class. On June 27, 2005, Judge Pechman granted the defendants’ motion to modify the class certification to include only those individuals who had their vehicle impounded solely for driving with a suspended or revoked license. Individuals who had their car impounded for driving with a suspended license and another impoundable offense were thus excluded from the class. 2005 WL 1528957. 

On the same day, Judge Pechman also granted the plaintiffs’ motion for summary judgment as to their conversion claim. Judge Pechman found that instituting a mandatory policy of impoundment was unlawful because it barred consideration of other reasonable alternatives to impoundment. 

On August 1, 2005, Judge Pechman granted the defendants’ motion to dismiss the plaintiffs’ Fourteenth Amendment claims. The court ruled that due process under the Fourteenth Amendment required a post-impoundment hearing in which the owner may challenge the probable cause supporting the violation that led to the impoundment. Because it was undisputed that the city allowed for such hearings, Judge Pechman granted summary judgment as to the due process claims. 

On July 9, 2007, the court granted a settlement agreement between the parties. As part of the settlement, each named class representative was to receive $7,500 in settlement of their individual claims and as a service award. The court also approved an allocation of 15% of any funds remaining in the settlement fund as cy pres to be given to the Seattle Municipal Court “Driving While License Suspended” diversion program. The court also granted the plaintiffs’ motion for attorneys’ fees in the amount of $325,000. The remainder of the terms of the settlement agreement are unknown to the Clearinghouse, but one memorandum submitted by the plaintiffs in support of the agreement asserted that the settlement amount was more than two-thirds of “the best possible outcome.”

Following approval of the settlement agreement, the court dismissed the action on the merits with prejudice against the plaintiffs. This case is closed. 

Summary Authors

Claire Butler (12/30/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4678174/parties/price-v-seattle-city-of/

Judge(s)

Lasnik, Robert S. (Washington)

Documents in the Clearinghouse

2:03-cv-01365

Second Amended Complaint for Damages and Declaratory and Injunctive Relief - Class Action

Sept. 25, 2003

Sept. 25, 2003

Complaint

2003 WL 23953957

2:03-cv-01365

Order Granting Plaintiffs' Motion for Partial Summary Judgment and Denying Defendant's Motion to Dismiss Class Liability Claims

June 27, 2005

June 27, 2005

Order/Opinion

2005 WL 1528957

152

2:03-cv-01365

Order Granting Plaintiffs' Motion for Partial Summary Judgment and Denying Defendant's Motion to Dismiss Liability Claims

June 27, 2005

June 27, 2005

Order/Opinion

2005 WL 1528957

179

2:03-cv-01365

Order Modifying Class Definition and Granting Defendant's Motion to Dismiss Plaintiffs' Fourteenth Amendment Claims

Aug. 1, 2005

Aug. 1, 2005

Order/Opinion

2005 WL 1838606

179

2:03-cv-01365

Order Modifying Class Definition and Granting Defendant's Motion to Dismiss Plaintiffs' Fourteenth Amendment Claims

Aug. 1, 2005

Aug. 1, 2005

Order/Opinion

2005 WL 1838606

179

2:03-cv-01365

Order Modifying Class Definition and Granting Defendant's Motion to Dismiss Plaintiffs' Fourteenth Amendment Claims

Aug. 1, 2005

Aug. 1, 2005

Order/Opinion

2005 WL 1838606

257

2:03-cv-01365

Order Granting Preliminary Approval of Class Action Settlement and Vacating Trial Date and Related Dates

May 1, 2007

May 1, 2007

Order/Opinion
268

2:03-cv-01365

Order Upon Settlement and Final Judgment

July 9, 2007

July 9, 2007

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4678174/price-v-seattle-city-of/

Last updated April 16, 2026, 4:57 a.m.

ECF Number Date Description Link
1 June 27, 2003

PETITION FOR REMOVAL from King County Superior Court, case number 03-2-20368-8SEA; (Receipt # 407444), filed by City of Seattle(KN, ) (Entered: 06/30/2003)

RECAP
2 June 27, 2003

DEMAND for JURY TRIAL by Defendant Seattle City of. (KN, ) (Entered: 06/30/2003)

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3 June 27, 2003

VERIFICATION OF STATE COURT RECORDS re 1 Petition for Removal by Defendant Seattle City of. (KN, ) (Entered: 06/30/2003)

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4 June 27, 2003

NOTICE TO PLAINTIFFS by Defendant Seattle City of re 1 Petition for Removal, 3 Verification of State Court (KN, ) (Entered: 06/30/2003)

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5 June 27, 2003

ATTORNEY'S CERTIFICATION by Defendant Seattle City of re 1 Petition for Removal, 2 Jury Demand, 3 Verification of State Court, 4 Notice-Other (KN, ) (Entered: 06/30/2003)

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6 June 27, 2003

NOTICE OF JOINDER by Defendants GT Towing Service Inc, Lincoln Towing Enterprises Inc, Silverado Enterprises Inc re 1 Petition for Removal (KN, ) (Entered: 07/02/2003)

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7 June 27, 2003

CERTIFICATE OF SERVICE by Defendant Seattle City of re 1 Petition for Removal, 2 Jury Demand, 3 Verification of State Court, 4 Notice to Plaintiffs of Removal, 5 Attorney Certification, 6 Notice of Joinder. (KN, ) (Entered: 07/02/2003)

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8 July 15, 2003

ANSWER to Complaint by Defendant Seattle City of.(MD, ) (Entered: 07/15/2003)

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9 Aug. 4, 2003

ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT Joint Status Report due by 9/15/2003. Signed by Judge Marsha J. Pechman. (CS) (Entered: 08/04/2003)

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10 Aug. 4, 2003

ORDER requiring submission of information regarding removal. Signed by Judge Marsha J. Pechman. (CS) (Entered: 08/04/2003)

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11 Aug. 6, 2003

ANSWER to pltfs' first amended Complaint by Defendants GT Towing Service Inc, Lincoln Towing Enterprises Inc, Silverado Enterprises Inc.(MD, ) (Entered: 08/11/2003)

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12 Aug. 11, 2003

REMOVAL REPORT submitted by Defendant Seattle City of re 1 Petition for Removal, 10 Order re: removal. (MD, ) (Entered: 08/18/2003)

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13 Aug. 22, 2003

ORDER TO SHOW CAUSE by August 29, 2003 why this matter should not be remanded. Any response is due September 4, 2003. Signed by Judge Marsha J. Pechman. (CS) (Entered: 08/22/2003)

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14 Aug. 26, 2003

PRAECIPE to issue a summons & Issued re 1 Petition for Removal by Plaintiff Marion Price. (MD, ) (Entered: 08/28/2003)

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15 Aug. 28, 2003

RESPONSE TO ORDER TO SHOW CAUSE by Defendants GT Towing Service Inc, Lincoln Towing Enterprises Inc et al. (MD, ) (Entered: 09/02/2003)

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16 Aug. 28, 2003

DECLARATION of Stephen P Larson re 15 Response to Order to Show Cause. (MD, ) (Entered: 09/02/2003)

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17 Aug. 29, 2003

DECLARATION of Daniel P. Mallove re 15 Response to Order to Show Cause. (Temp4, ) (Entered: 09/03/2003)

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18 Sept. 9, 2003

DECLARATION of Adam J Berger re 13 Order to Show Cause. (MD, ) (Entered: 09/12/2003)

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19 Sept. 30, 2003

MINUTE ORDER regarding joint status report. By Judge Marsha J. Pechman. (Goldberg, Rachel) (Entered: 09/30/2003)

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20 Sept. 30, 2003

STIPULATION AND ORDER re: filing of Second Amended Complaint by Judge Marsha J. Pechman. (AF, ) (Entered: 10/01/2003)

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21 Oct. 1, 2003

SECOND AMENDED COMPLAINT FOR DAMAGES AND DECLARATORY AND INJUNCTIVE RELIEF against defendantS GT Towing Service Inc, Lincoln Towing Enterprises Inc, Seattle City of, Silverado Enterprises Inc, filed by Harry Davis, Allen R Nunnery, Rodrigue Paul, Marion Price, David L Williams.(AF, ) (Entered: 10/01/2003)

RECAP
Oct. 14, 2003

Set/Reset Deadlines: Joint Status Report due by 10/14/2003. (Goldberg, Rachel)

Oct. 14, 2003

Set/Reset Deadlines: Joint Status Report due by 10/21/2003. Due to system error, Plaintiff's counsel did not receive the Minute Order extending the joint status report deadline until October 14. Therefore, the deadline is extended until October 21. (Goldberg, Rachel)

23 Oct. 20, 2003

JOINT STATUS REPORT AND DISCOVERY PLAN filed by all parties. Est. Trial Days: 5. (MD, ) (Entered: 10/27/2003)

RECAP
22 Oct. 22, 2003

ORDER SETTING TRIAL DATE AND RELATED DATES; Length of Trial: 3-7. Jury Trial set for/will resume 10/4/2004 09:00 AM before Hon. Marsha J. Pechman. Joinder of Parties due by 11/19/2003; Expert Witness Disclosure due by 4/7/2004; Discovery due by 6/8/2004; Dispositive motions due by 7/6/2004; Settlement conference to be held by 8/5/2004; 39.1 Settlement Report due by 9/4/2004. Motions in Limine due by 9/7/2004; Pretrial Order due by 9/22/2004; Pretrial Conference set for 9/24/2004 11:00 AM before Hon. Marsha J. Pechman. Trial briefs to be submitted by 9/29/2004; Voir dire/jury instructions due by 9/29/2004; by Judge Marsha J. Pechman. (MD, ) (Entered: 10/23/2003)

RECAP
25 Nov. 7, 2003

INITIAL DISCLOSURES pursuant to FRCP 26(A) by Defendant Seattle City of.(AF, ) (Entered: 11/17/2003)

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26 Nov. 12, 2003

INITIAL DISCLOSURES by Defendant Seattle City of.(AF, ) (Entered: 11/18/2003)

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24 Nov. 14, 2003

ORDER regarding use of CM/ECF system, by Judge Marsha J. Pechman. (Goldberg, Rachel) (Entered: 11/14/2003)

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27 Dec. 22, 2003

NOTICE of Unavailability of counsel Adam J Berger for Plaintiff Harry Davis from 1/25/04 to 2/18/04 (MD, ) (Entered: 01/05/2004)

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28 Jan. 16, 2004

MOTION FOR LEAVE to File Overlength Brief by Plaintiffs Harry Davis, Allen R Nunnery, Rodrigue Paul, Marion Price, David L Williams. Noting Date 1/20/2004. (Temp1, ) (Entered: 01/23/2004)

RECAP
30 Jan. 22, 2004

PLAINTIFFS' SUPPLEMENTAL DISCLOSURES Pursuant to Fed. R. Civ. P. 26(a)(1). (Attachments: # 1 Part 1 # 2 Part 2 # 3 Part 3 # 4 Part 4 # 5 Part 5)(Temp1, ) (Entered: 01/27/2004)

RECAP
29 Jan. 23, 2004

ORDER granting 28 Motion for Leave to File overlength brief by Judge Marsha J. Pechman. (MD, ) (Entered: 01/26/2004)

RECAP
31 Jan. 30, 2004

MOTION for Class Certification by Plaintiffs. Noting Date 2/20/2004. (Attachments: # 1 Exhibit Part 1# 2 Exhibit Part 2# 3 Exhibit Part 3)(AF, ) Additional attachment(s) added on 3/16/2004 (LT, ). (Entered: 02/05/2004)

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32 Jan. 30, 2004

DECLARATION of Adam J. Berger filed by Plaintiffs in support of 31 MOTION for Class Certification. (Attachments: # 1 Exhibits 1-4# 2 Exhibits 5-9# 3 Exhibits 10-19# 4 Exhibits 20-24)(AF, ) (Entered: 02/05/2004)

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33 Jan. 30, 2004

DECLARATION of Marion Price filed by Plaintiffs re 31 MOTION to Certify Class (AF, ) (Entered: 02/05/2004)

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34 Jan. 30, 2004

DECLARATION of Allen Nunnery filed by Plaintiffs re 31 MOTION to Certify Class (AF, ) (Entered: 02/05/2004)

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35 Jan. 30, 2004

DECLARATION of David L. Williams filed by Plaintiffs re 31 MOTION to Certify Class (AF, ) (Entered: 02/05/2004)

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36 Jan. 30, 2004

DECLARATION of Harry Keith Davis filed by Plaintiffs re 31 MOTION to Certify Class (AF, ) (Entered: 02/05/2004)

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37 Jan. 30, 2004

DECLARATION of Rodrigue Paul filed by Plaintiffs re 31 MOTION to Certify Class (AF, ) (Entered: 02/05/2004)

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38 Jan. 30, 2004

CERTIFICATE OF SERVICE by Plaintiffs re 35 Declaration, 36 Declaration, 31 MOTION to Certify Class, 37 Declaration, 32 Declaration, 33 Declaration, 34 Declaration. (AF, ) (Entered: 02/05/2004)

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39 Feb. 13, 2004

AMENDED NOTE FOR MOTION re 31 MOTION to Certify Class: Noting Date 3/12/2004. (Temp1, ) (Entered: 02/18/2004)

RECAP
Feb. 18, 2004

Set Motion and R&R Deadlines/Hearings re 31 MOTION to Certify Class: Noting Date reset for 3/12/2004. (Goldberg, Rachel)

40 Feb. 27, 2004

RESPONSE filed by Defendant Seattle City of re 31 MOTION to Certify Class (Attachments: # 1 Proposed Order)(Carr, Heather) (Entered: 02/27/2004)

RECAP
41 Feb. 27, 2004

DECLARATION of Heather Carr filed by Defendant Seattle City of re 40 Response to Motion for Class Certification (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Errata 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9# 10 Exhibit 10# 11 Exhibit 11# 12 Exhibit 12# 13 Exhibit 13# 14 Exhibit 14# 15 Exhibit 15# 16 Exhibit 16)(Carr, Heather) (Entered: 02/27/2004)

RECAP
42 March 5, 2004

NOTICE OF JOINDER by Defendants GT Towing Service Inc, Lincoln Towing Enterprises Inc, Silverado Enterprises Inc JOINING 40 City of Seattle's response to MOTION to Certify Class (MD, ) Modified on 3/10/2004 (MD, ). (Entered: 03/09/2004)

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43 March 11, 2004

REPLY MEMORANDUM filed by Plaintiffs Allen R Nunnery, Rodrigue Paul, Marion Price, David L Williams in Support of 31 MOTION to Certify Class (LT, ) (Entered: 03/16/2004)

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44 March 11, 2004

SECOND DECLARATION of Adam J. Berger filed by Plaintiffs Harry Davis, Allen R Nunnery, Rodrigue Paul, Marion Price, David L Williams in Support of 31 MOTION to Certify Class (LT, ) (Entered: 03/16/2004)

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45 March 11, 2004

CERTIFICATE OF SERVICE by Plaintiffs re 43 Reply to Response to Motion, 44 Declaration. (LT, ) (Entered: 03/16/2004)

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46 March 26, 2004

NOTICE of Unavailability of counsel Adam J Berger for Plaintiff Marion Price from 4/22/04 to 5/2/04 (MD, ) (Entered: 04/01/2004)

RECAP
47 May 4, 2004

ORDER granting 31 Motion to Certify Class by Judge Marsha J. Pechman.(Goldberg, Rachel) (Entered: 05/04/2004)

RECAP
48 May 18, 2004

First MOTION for Protective Order by Plaintiffs Harry Davis, Allen R Nunnery, Rodrigue Paul, Marion Price, David L Williams. Noting Date 5/27/2004. (Berger, Adam) (Entered: 05/18/2004)

RECAP
49 May 18, 2004

First MOTION to Continue Trial Date and Extend Discovery Cutoff and Pre-Trial Deadlines by Plaintiffs Harry Davis, Allen R Nunnery, Rodrigue Paul, Marion Price, David L Williams. Noting Date 5/27/2004. (Berger, Adam) (Entered: 05/18/2004)

RECAP
50 May 18, 2004

CERTIFICATE OF SERVICE by Plaintiffs Harry Davis, Allen R Nunnery, Rodrigue Paul, Marion Price, David L Williams, Harry Davis, Allen R Nunnery, Rodrigue Paul, Marion Price, David L Williams re 48 First MOTION for Protective Order, 49 First MOTION to Continue Trial Date and Extend Discovery Cutoff and Pre-Trial Deadlines (Berger, Adam) (Entered: 05/18/2004)

RECAP
51 May 24, 2004

RESPONSE filed by Defendant Seattle City of re 48 First MOTION for Protective Order and Declaration of Ted Buck (Buck, Theron) (Entered: 05/24/2004)

RECAP
52 May 24, 2004

RESPONSE filed by Defendant Seattle City of re 49 First MOTION to Continue Trial Date and Extend Discovery Cutoff and Pre-Trial Deadlines (Buck, Theron) (Entered: 05/24/2004)

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54 May 26, 2004

NOTICE of Unavailability of counsel Adam J Berger for Plaintiff Marion Price from 7/22/04 to 8/18/04 (MD, ) (Entered: 06/02/2004)

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55 May 26, 2004

RESPONSE/NON-OPPOSITION filed by Defendants GT Towing Service Inc, Lincoln Towing Enterprises Inc, Silverado Enterprises Inc re 49 PLTFS' First MOTION to Continue Trial Date and Extend Discovery Cutoff and Pre-Trial Deadlines (MD, ) (Entered: 06/02/2004)

RECAP
53 June 2, 2004

RESPONSE/NON-OPPOSITION filed by Defendants re 49 First MOTION to Continue Trial Date and Extend Discovery Cutoff and Pre-Trial Deadlines (Mallove, Daniel) Modified on 6/3/2004 to edit docket text (ECS, ). (Entered: 06/02/2004)

RECAP
56 June 7, 2004

ORDER striking 48 Motion for Protective Order as moot, by Judge Marsha J. Pechman.(Goldberg, Rachel) (Entered: 06/07/2004)

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57 June 7, 2004

ORDER granting 49 Motion to Continue by Judge Marsha J. Pechman.(Goldberg, Rachel) (Entered: 06/07/2004)

RECAP
58 June 10, 2004

ORDER SETTING TRIAL DATE AND RELATED DATES; Length of Trial: 3-7 days. Jury Trial set for/will resume 2/7/2005 09:00 AM before Hon. Marsha J. Pechman. Joinder of Parties due by 7/8/2004; Amended Pleadings due by 7/19/2004; Expert Witness Disclosure due by 8/11/2004; Motions due by 9/10/2004; Discovery due by 10/12/2004; Dispositive motions due by 11/9/2004; Settlement conference to be held by 12/9/2004; 39.1 Settlement Report due by 1/10/2005; Motions in Limine due by 1/12/2005; Pretrial Order due by 1/24/2005; Pretrial Conference set for 1/25/2005 04:00 PM before Hon. Marsha J. Pechman. Trial briefs to be submitted by 2/2/2005; Voir dire/jury instructions due by 2/2/2005; by Judge Marsha J. Pechman. (MD, ) (Entered: 06/14/2004)

RECAP
59 June 17, 2004

MOTION for Order for APPROVAL OF CLASS NOTICE by Plaintiffs Harry Davis, Allen R Nunnery, Rodrigue Paul, Marion Price, David L Williams. Noting Date 7/9/2004. (Attachments: # 1 Exhibits A and B# 2 Proposed Order)(Berger, Adam) Modified text on 6/18/2004 (AF, ). (Entered: 06/17/2004)

RECAP
60 June 17, 2004

CERTIFICATE OF SERVICE by Plaintiffs Harry Davis, Allen R Nunnery, Rodrigue Paul, Marion Price, David L Williams re 59 MOTION for Order for APPROVAL OF CLASS NOTICE. (Berger, Adam) Modified on 6/18/2004; related to motion (AF, ). (Entered: 06/17/2004)

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61 June 21, 2004

RESPONSE Non-Opposition filed by Defendant Lincoln Towing Enterprises Inc re 59 MOTION for Order for APPROVAL OF CLASS NOTICE (Mallove, Daniel) (Entered: 06/21/2004)

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62 June 24, 2004

MOTION for Partial Summary Judgment Against The City of Seattle On Collateral Estoppel Grounds by Plaintiffs Harry Davis, Allen R Nunnery, Rodrigue Paul, Marion Price, David L Williams. Noting Date 7/16/2004. (Berger, Adam) (Entered: 06/24/2004)

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63 June 24, 2004

DECLARATION of Adam J. Berger filed by Plaintiffs Harry Davis, Allen R Nunnery, Rodrigue Paul, Marion Price, David L Williams re 62 MOTION for Partial Summary Judgment Against The City of Seattle On Collateral Estoppel Grounds (Attachments: # 1 Exhibit Exhibits 1-6)(Berger, Adam) (Entered: 06/24/2004)

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64 June 24, 2004

CERTIFICATE OF SERVICE by Plaintiffs Harry Davis, Allen R Nunnery, Rodrigue Paul, Marion Price, David L Williams re 62 Motion for Partial Summary Judgment, and 63 Declaration of Adam J. Berger. (Berger, Adam) Modified text and related to documents on 6/25/2004 (AF, ). (Entered: 06/24/2004)

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65 June 29, 2004

Agreed MOTION for Order FOR APPROVAL OF CLASS NOTICE by Plaintiffs Harry Davis, Allen R Nunnery, Rodrigue Paul, Marion Price, David L Williams. Noting Date 6/29/2004. (Berger, Adam) (Entered: 06/29/2004)

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66 June 29, 2004

Agreed MOTION for Order PROPOSED ORDER by Plaintiffs, to 65 Agreed MOTION for Order for Approval of Class Notice. (Berger, Adam) Modified text and termed from motion calendar on 6/30/2004 (AF, ). (Entered: 06/29/2004)

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June 30, 2004

NOTICE OF DOCKET TEXT MODIFICATION to Dkt. # 66 Agreed MOTION for Order PROPOSED ORDER: Proposed Order incorrectly filed as a motion; removed from the Court's motion calendar. See Dkt. # 65 for Agreed Motion. (AF, )

67 July 6, 2004

WITHDRAWAL of Motion by Plaintiffs Harry Davis, Allen R Nunnery, Rodrigue Paul, Marion Price, David L Williams re 59 MOTION for Order for APPROVAL OF CLASS NOTICE filed by David L Williams, Marion Price, Rodrigue Paul, Harry Davis, Allen R Nunnery (Berger, Adam) (Entered: 07/06/2004)

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68 July 7, 2004

ORDER APPROVING CLASS NOTICES AND NOTICE PROCEDURE re 65 Agreed MOTION for Order FOR APPROVAL OF CLASS NOTICE filed by David L Williams, Marion Price, Rodrigue Paul, Harry Davis, Allen R Nunnery by Judge Marsha J. Pechman. (MD, ) (Entered: 07/08/2004)

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69 July 8, 2004

NOTICE by Plaintiffs Harry Davis, Allen R Nunnery, Rodrigue Paul, Marion Price, David L Williams that the following is RE-NOTED: 62 MOTION for Partial Summary Judgment Against The City of Seattle On Collateral Estoppel Grounds Noting Date 8/27/2004. (Berger, Adam) (Entered: 07/08/2004)

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70 Aug. 10, 2004

STIPULATION AND [PROPOSED] ORDER TO AMEND CLASS NOTICE by parties. (Attachments: # 1 Exhibit A to Stipulation)(Berger, Adam) Modified TEXT on 8/13/2004 (AF, ). (Entered: 08/10/2004)

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71 Aug. 12, 2004

STIPULATION AND ORDER TO AMEND CLASS NOTICE re 70 Stipulation by Judge Marsha J. Pechman. (MD, ) (Entered: 08/12/2004)

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72 Aug. 20, 2004

Amended MOTION for Hearing re 62 MOTION for Partial Summary Judgment Against The City of Seattle On Collateral Estoppel Grounds by Plaintiffs Allen R Nunnery, Rodrigue Paul, Marion Price. Noting Date 9/3/2004. (Berger, Adam) (Entered: 08/20/2004)

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73 Aug. 20, 2004

CERTIFICATE OF SERVICE by Plaintiffs Allen R Nunnery, Rodrigue Paul, Marion Price re 72 Amended MOTION for Hearing re 62 MOTION for Partial Summary Judgment Against The City of Seattle On Collateral Estoppel Grounds. (Berger, Adam) (Entered: 08/20/2004)

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74 Aug. 23, 2004

RESPONSE, by Defendant Seattle City of, to 72 Amended MOTION for Hearing re 62 MOTION for Partial Summary Judgment Against The City of Seattle On Collateral Estoppel Grounds (Attachments: # 1 Proposed Order)(Cobb, Karen) (Entered: 08/23/2004)

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75 Aug. 23, 2004

DECLARATION of Karen L. Cobb filed by Defendant Seattle City of re 74 Response to Motion (Attachments: # 1 Exhibit 01-Notes of Legislative Intent of RCW 46.55.105# 2 Exhibit 02-RALJ Appeal Excerpts# 3 Exhibit 03-Order re DWLS Impound Hearing# 4 Exhibit 04-Notice of Hearing for Impound Appeal# 5 Exhibit 05-Excerpts from Appellant's Memo of Points re Thomas' Impound Appeal# 6 Exhibit 06-Judge Bonner's Denial of M2Dismiss & Upholding Impound Ruling# 7 Exhibit 07-Notice of RALJ Appeal to King Co Superior Court# 8 Exhibit 08-Judge Scott's Decision on RALJ Appeal# 9 Exhibit 09-Excerpts of SPD Incident Report #02-392633# 10 Exhibit 10-Excerpts of Nunnery RFA Answers# 11 Exhibit 11-Nunnery WA Driving Abstract# 12 Exhibit 12-SPD Citation #C 100245745# 13 Exhibit 13-Excerpts of SPD Incident Report #03-003948# 14 Exhibit 14-Excerpts of SPD Incident Report #03-055743# 15 Exhibit 15-Paul's RFA Answers# 16 Exhibit 16-SPD Vehicle Report for Incident #00-196300# 17 Exhibit 17-SPD Citation #100161017# 18 Exhibit 18-Davis' RFA Answers# 19 Exhibit 19-SPD Citation #CR 60772434# 20 Exhibit 20-Davis Decl in Support of Pltfs' M4Class Certification# 21 Exhibit 21-SPD Citation #C 100163112# 22 Exhibit 22-SPD Citation #104182811# 23 Exhibit 23-Williams' RFA Answers# 24 Exhibit 24-SPD Citation #C 100246099# 25 Exhibit 25-SPD Citation #C100240282# 26 Exhibit 26-SPD Narrative of Incident #02-488475# 27 Exhibit 27-SPD Citation #CR 60465355# 28 Exhibit 29-Excerpts of SPD Incident Report #02-222326# 29 Exhibit 30-SPD Citation #C 100172477# 30 Exhibit 31-Price RFA Answers# 31 Exhibit 28-Price Interrogatory & RFP Answers# 32 Exhibit 32-SPD Memo from Getchman dated 02/11/02# 33 Exhibit 33-Rothstein Order Denying Pltfs' M4SJ & Granting Defs' M4SJ in Knight case# 34 Exhibit 34-Excerpts of 2003 Rand Report# 35 Exhibit 35-Excerpts from 2002 Suspended Driver Impound Report# 36 Exhibit 36-Excerpts from City's 1999 Suspended Driver Impound Report# 37 Exhibit 37-Excerpts of City's 2000 Suspended Driver Impound Report# 38 Exhibit 38-Excerpts of City's 2001 Suspended Driver Impound Report# 39 Exhibit Kerlikowske Declaration)(Cobb, Karen) (Entered: 08/23/2004)

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76 Aug. 30, 2004

MINUTE ENTRY for proceedings held before Judge Marsha J. Pechman - Dep Clerk: Eileen Scollard; CR: None; Pla Counsel: Adam Berger; Def Counsel: Ted Buck; Telephone Conference held on 8/30/04 re production of privileged information. The court orders production of documents redacted with protective order to be filed. Counsel to submit order.(ES) (Entered: 09/01/2004)

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77 Sept. 2, 2004

REPLY, filed by Plaintiffs Harry Davis, Allen R Nunnery, Rodrigue Paul, Marion Price, David L Williams, TO RESPONSE to 62 MOTION for Partial Summary Judgment Against The City of Seattle On Collateral Estoppel Grounds (Berger, Adam) (Entered: 09/02/2004)

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78 Sept. 2, 2004

DECLARATION of Adam J. Berger filed by Plaintiffs Harry Davis, Allen R Nunnery, Rodrigue Paul, Marion Price, David L Williams re 62 MOTION for Partial Summary Judgment Against The City of Seattle On Collateral Estoppel Grounds (Attachments: # 1 Exhibit Exhibits to Berger Declaration# 2 Exhibit Exhibit to Berger Declaration)(Berger, Adam) (Entered: 09/02/2004)

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79 Sept. 2, 2004

CERTIFICATE OF SERVICE by Plaintiffs Harry Davis, Allen R Nunnery, Rodrigue Paul, Marion Price, David L Williams re 77 Reply to Response to Motion, 78 Declaration, Adam J. Berger. (Berger, Adam) (Entered: 09/02/2004)

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80 Sept. 14, 2004

STIPULATION and Proposed Protective Order by parties. (Buck, Theron) Modified text on 9/15/2004 (MD, ). (Entered: 09/14/2004)

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81 Sept. 15, 2004

STIPULATION AND PROTECTIVE ORDER by Judge Marsha J. Pechman. (MD, ) (Entered: 09/15/2004)

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82 Sept. 16, 2004

Agreed MOTION and Proposed Order for Extension of Time to Complete Discovery by Plaintiffs Harry Davis, Allen R Nunnery, Rodrigue Paul, Marion Price, David L Williams. Noting Date 9/16/2004. (Berger, Adam) Modified on 9/17/2004 (MD, ). (Entered: 09/16/2004)

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83 Sept. 16, 2004

CERTIFICATE OF SERVICE by Plaintiffs Harry Davis, Allen R Nunnery, Rodrigue Paul, Marion Price, David L Williams re 82 Agreed MOTION for Extension of Time to Complete Discovery. (Berger, Adam) (Entered: 09/16/2004)

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84 Sept. 23, 2004

STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINE re 82 Agreed MOTION for Extension of Time to Complete Discovery filed by David L Williams, Marion Price, Rodrigue Paul, Harry Davis, Allen R Nunnery Discovery due by 11/19/2004; by Judge Marsha J. Pechman. (MD, ) (Entered: 09/23/2004)

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85 Oct. 26, 2004

ORDER granting in part and denying in part 62 Motion for Partial Summary Judgment by Judge Marsha J. Pechman.(RG, ) (Entered: 10/26/2004)

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86 Oct. 28, 2004

MOTION for Summary Judgment (partial) Dismissing the Class Injunctive Relief Claims by Defendant Seattle City of. Noting Date 11/19/2004. (Attachments: # 1 Proposed Order)(Buck, Theron) (Entered: 10/28/2004)

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87 Oct. 28, 2004

DECLARATION of Suzanne Hatfield filed by Defendant Seattle City of re 86 MOTION for Summary Judgment (partial) Dismissing the Class Injunctive Relief Claims (Attachments: # 1 Supplement scanned signature page)(Buck, Theron) (Entered: 10/28/2004)

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88 Oct. 28, 2004

DECLARATION of Sheila Friend-Gray filed by Defendant Seattle City of re 86 MOTION for Summary Judgment (partial) Dismissing the Class Injunctive Relief Claims (Attachments: # 1 Exhibit 1 2003 impound chart# 2 Exhibit 2-2002 impound chart)(Buck, Theron) (Entered: 10/28/2004)

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89 Oct. 28, 2004

DECLARATION of Heather L. Carr filed by Defendant Seattle City of re 86 MOTION for Summary Judgment (partial) Dismissing the Class Injunctive Relief Claims (Attachments: # 1 Exhibit 1-01/03/03 Incident Report re Nunnery# 2 Exhibit 2-09/02/02 Nunnery traffic citation# 3 Exhibit 3-11/09/02 Nunnery traffic citation# 4 Exhibit 4-02/04/03 Incident Report re Nunnery arrest# 5 Exhibit 5-05/14/03 Nunnery traffic citation# 6 Exhibit 6-05/23/02 Briggs traffic citation# 7 Exhibit 7-05/02/00 Paul traffic citation# 8 Exhibit 8-10/02/01 Paul traffic citation# 9 Exhibit 9-05/06/00 Davis traffic citation# 10 Exhibit 10-02/11/03 Davis traffic citation# 11 Exhibit 11-06/14/02 Williams traffic citation# 12 Exhibit 12-09/22/02 Williams traffic citation# 13 Exhibit 13-10/29/02 Williams traffic citation# 14 Exhibit 14-02/02/02 SPD Memo# 15 Exhibit 15-excerpts of 12/2003 Rand Report)(Carr, Heather) (Entered: 10/28/2004)

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90 Oct. 29, 2004

PRAECIPE to attach document (scanned signature page) to the Declaration of Sheila Friend-Gray by Defendant Seattle City of. (Buck, Theron) (Entered: 10/29/2004)

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91 Nov. 2, 2004

NOTICE of Appearance by attorney Karen Cobb on behalf of Defendant Seattle City of (Cobb, Karen) (Entered: 11/02/2004)

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92 Nov. 4, 2004

MOTION for Summary Judgment Dismissal of Federal Claims Against the City by Defendant Seattle City of. Noting Date 11/26/2004. (Attachments: # 1 Proposed Order)(Cobb, Karen) (Entered: 11/04/2004)

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93 Nov. 4, 2004

DECLARATION of Karen Cobb filed by Defendant Seattle City of re 92 MOTION for Summary Judgment Dismissal of Federal Claims Against the City (Attachments: # 1 Exhibit 1-Nunnery decl re class cert# 2 Exhibit 2-Impound Notice of Rights Form# 3 Exhibit 3-Williams' answers to City's RFAs# 4 Exhibit 4-Williams decl re class cert# 5 Exhibit 5-SPD Vehicle Report for Incident #02-260078# 6 Exhibit 6-Notice of Police Hold Status to Williams# 7 Exhibit 7-Paul's answers to City's RFAs# 8 Exhibit 8-SPD Vehicle Report for Incident #00-196300# 9 Exhibit 9-Paul decl re class cert# 10 Exhibit 10-SPD Vehicle Report #01-468092# 11 Exhibit 11-SPD Citation #CR 60772434# 12 Exhibit 12-Davis decl re class cert# 13 Exhibit 13-Price decl re class cert# 14 Exhibit 14-SPD Citation #C 100172477# 15 Exhibit 15-Notice to Price of Impound of Unauthorized Vehicle# 16 Exhibit 16-Price's answers to City's RFAs# 17 Exhibit 17-Order on DWLS Impound Hearing# 18 Exhibit 18-Rothstein Order Denying Pltf's Mot. for SJ and Granting Def's Mot. for SJ in Knight v. Seattle)(Cobb, Karen) (Entered: 11/04/2004)

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94 Nov. 8, 2004

NOTICE by Defendant Seattle City of that the following is RE-NOTED: 92 MOTION for Summary Judgment Dismissal of Federal Claims Against the City Noting Date 12/3/2004. (Buck, Theron) (Entered: 11/08/2004)

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95 Nov. 11, 2004

NOTICE of Appearance by attorney Heather L Carr on behalf of Defendant Seattle City of (Carr, Heather) (Entered: 11/11/2004)

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96 Nov. 15, 2004

RESPONSE, by Plaintiffs Marion Price, Rodrigue Paul, Harry Davis, David L Williams, Allen R Nunnery, to 86 MOTION for Summary Judgment (partial) Dismissing the Class Injunctive Relief Claims. (Berger, Adam) (Entered: 11/15/2004)

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Case Details

State / Territory:

Washington

Case Type(s):

Policing

Criminal Justice (Other)

Key Dates

Filing Date: June 27, 2003

Closing Date: July 9, 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The plaintiffs in this case are a class of individuals who had their vehicles impounded by the City of Seattle under a mandatory impoundment policy when the driver was arrested for driving with a suspended or revoked license.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

City

City of Seattle

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Unreasonable search and seizure

Other Dockets:

Western District of Washington 2:03-cv-01365

Available Documents:

Any published opinion

Complaint (any)

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

General/Misc.:

Drivers Licenses

Fines/Fees/Bail/Bond

Forfeiture

Loss or damage to property

Pattern or Practice

Recommended Citation