1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47
Washington courts going for new technology expenses.” See State of the Judiciary, Washington
State
Supreme
Court,
at
16
(2021),
available
at
https://www.courts.wa.gov/newsinfo/content/StateoftheJudiciary2021.cfm (accessed Aug. 9, 2021) (cited in FAC ¶ 5.39, n.39). The Washington Supreme Court authorized resumption of civil jury trials in June 2020, insofar as courts could “observ[e] social distancing and follow[] the most protective applicable public health guidance in their jurisdiction.” See Order Re: Modification of Jury Trial Proceedings, No. 25700-B-631, at 2 (June 18, 2020) (lifting previous suspension of jury trials); FAC ¶ 5.75. Nothing in the Supreme Court’s order, however, “limit[ed] the authority of courts to adopt measures to protect health and safety that are more restrictive than th[e] Order, as circumstances warrant.” Order No. 25700-B-631, at 5. II.
Plaintiffs’ Underlying Tort Lawsuits Plaintiffs have four tort suits pending in Grant, Pierce, and King Counties.
See FAC ¶¶ 2.5, 2.20, 5.82-5.84. While the instant complaint is premised on their constitutional rights allegedly being violated in those cases, they spend just a few paragraphs describing those proceedings. FAC ¶¶ 2.3, 2.8, 2.18-2.20, 2.22, 5.82-5.84. This Court can and should take judicial notice of the records in those cases, which are “public documents” that are also effectively incorporated into the amended complaint. See Jackson v. Quality Loan Serv. Corp., 186 Wn. App. 838, 844, 347 P.3d 487 (2015). Plaintiffs Jennifer Ralston and Caleb McNamara are pursuing a wrongfuldeath lawsuit in Grant County against the alleged perpetrator of their father’s murder. FAC ¶ 5.82; Martin Ex. C. The lawsuit was filed in 2015 and has been
MOTION TO DISMISS Case No. 21-2-06462-7 SEA 153411396
6
Perkins Coie LLP 1201 Third Avenue, Suite 4900 Seattle, Washington 98101-3099 Phone: 206.359.8000 Fax: 206.359.9000