Senn v. City of Spokane

2 U.S. F DIL ISE TD R I IN C TT H CE O URT EASTERN DISTRICT OF WASHINGTON Apr 04, 2024 [3] SEAN F. MCAVOY, CLERK [4] 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON [6] 7 CHRISTOPHER SENN; JASON No. 2:22-CV-00254-SAB BEWLEY; JERED FULLEN; 8 DISABILITY RIGHTS WASHINGTON; and JEWELS HELPING HANDS, ORDER DISMISSING 9 Plaintiffs, REMAINING CLAIMS AND RETAINING JURISDICTION 10 v. ON THE ISSUE OF CITY OF SPOKANE, a municipal ATTORNEY’S FEES AND 11 corporation; SPOKANE COUNTY, a COSTS municipal corporation; JOHN F. 12 NOWELS, in his official capacity as Spokane County Sheriff; and CRAIG 13 MEIDL, in his official capacity as ECF NO. 111 Spokane Police Chief, 14 Defendants. 15 Before the Court is the parties’ Stipulated Dismissal pursuant to Rule 16 41(a)(1)(A)(ii). The parties have stipulated to the dismissal of the “action with 17 prejudice on all remaining issues, subject to a petition for attorneys’ fees and 18 costs.” ECF No. 111 at 2. If the dismissal is by stipulation under Rule 41(a)(1), the 19 parties are free to negotiate the conditions on which they agree to stipulate. 20 Accordingly, pursuant to the stipulation of the parties, IT IS HEREBY 21 ORDERED: 1. The parties Stipulation, ECF No. 111, filed as a stipulated motion is GRANTED in that the Court specifically incorporates the terms of the parties’ 3 agreement into this order of dismissal. 2. Pursuant to the parties’ Stipulation, ECF No. 111, this action and all ° remaining claims are DISMISSED WITH PREJUDICE under the condition that Plaintiff may petition this Court for attorneys’ fees and costs. 3. The Court retains jurisdiction to decide the question of whether the 8 granting of Plaintiffs preliminary injunction merits an award of fees and costs. 7 See Smalbein v. City of Daytona Beach, 353 F.3d 901, 905 (11th Cir. 2003). 10 4. In order to secure the just, speedy, and inexpensive determination of i this proceeding the Court strongly encourages the parties to stipulate on all or 12 some of the issues regarding Plaintiff's entitlement to and the amount of 13 reasonable attorney’s fees and costs, and submit a proposed judgment. See Fed. R. 14 Civ. P. 1. If a stipulation cannot be reached, the issue of attorney’s fees and costs will be handled by regular motion practice. 16 IT IS SO ORDERED. The District Court Executive is hereby directed to file this Order and provide copies to counsel. 18 DATED this 4th day of April, 2024. [19] Soule yl Fes tear Stanley A. Bastian