Case 2:08-cv-01827-JLR Document 283-1 Filed 01/24/11 Page 1 of 5

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9 THE HONORABLE JAMES L. ROBART
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18 UNITED STATES DISTRICT COURT
19 WESTERN DISTRICT OF WASHINGTON
20 AT SEATTLE
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22 LONDI K. LINDELL,
23 No. CV 08-1827 JLR
24 Plaintiff,
25 [PROPOSED] ORDER DENYING
26 v. DEFENDANTS' MOTION FOR
27 PARTIAL SUMMARY JUDGMENT
28 CITY OF MERCER ISLAND, a Washington
29 municipal corporation; MERCER ISLAND CITY
30 MANAGER RICHARD CONRAD, in his official NOTE ON MOTION CALENDAR:
31 and individual capacities; MERCER ISLAND January 28, 2011
32 DEPUTY MAYOR JIM PEARMAN, in his
33 official and individual capacities; MERCER
34 ISLAND COUNCILMEMBER ERNEST
35 JAHNCKE, in his official and individual
36 capacities; MERCER ISLAND FINANCE
37 DIRECTOR CHARLES CORDER, in his official
38 and individual capacities,
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40 Defendants.
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[PROPOSED] ORDER DENYING DEFENDANTS' MOTION FOR PARTIAL THE BLANKENSHIP LAW FIRM, P.S.
SUMMARY JUDGMENT (Cause No. CV 08-1827 JLR) 28th Floor, Washington Mutual Tower
Page i 1201 Third Avenue
Seattle, Washington 98101
(206) 343-2700
 Case 2:08-cv-01827-JLR Document 283-1 Filed 01/24/11 Page 2 of 5

1 THIS MATTER, having come before the Court on Defendants' Motion for Partial Summary
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3 Judgment and the Court having considered the following:
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5 1. Defendants’ Motion for Partial Summary Judgment;
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7 2. Declarations and Exhibits filed in support of Defendants’ Motion;
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9 3. Plaintiff Lindell’s Opposition to Defendant’s Partial Summary Judgment;
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11 4. Declaration of Londi Lindell in Support of Her Opposition to Defendant’s Partial Summary
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13 Judgment and the Exhibits attached thereto;
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15 5. Declaration of Scott C. G. Blankenship in Support of Plaintiff’s Opposition to Defendants’
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17 Partial Summary Judgment and the exhibits attached thereto (filed under seal);
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19 6. Defendants’ Reply to Plaintiff’s Opposition to Defendant’s Partial Summary Judgment;
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21 7. Declarations and Exhibits filed in support of Defendants’ Reply;
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23 8. ______________________________________________________
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25 The Court has considered the briefs of the parties and has reviewed the pleadings and records on file.
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28 THE COURT HEREBY ORDERS:
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30 1. Defendants’ Motion for Partial Summary Judgment is DENIED;
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32 2. Defendants have failed to meet their burden on summary judgment and their motion to
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34 dismiss Plaintiff’s claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000(e) et seq.
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36 (Title VII) is DENIED;
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38 3. Defendants have failed to meet their burden on summary judgment and their motion to
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40 dismiss Plaintiff’s claims under Washington’s Law Against Discrmination, RCW 49.60 et seq. (WLAD) is
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42 DENIED;
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44 4. Defendants have failed to meet their burden on summary judgment and their motion to
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46 dismiss Plaintiff’s claims against individuals under 42 U.S.C. § 1983 is DENIED;
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48 5. Defendants have failed to meet their burden on summary judgment and their motion to
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50 dismiss Plaintiff’s claims under 42 U.S.C. § 1985 is DENIED;
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[PROPOSED] ORDER DENYING DEFENDANTS' MOTION FOR PARTIAL THE BLANKENSHIP LAW FIRM, P.S.
SUMMARY JUDGMENT (Cause No. CV 08-1827 JLR) 28th Floor, Washington Mutual Tower
Page 1 1201 Third Avenue
Seattle, Washington 98101
(206) 343-2700
 Case 2:08-cv-01827-JLR Document 283-1 Filed 01/24/11 Page 3 of 5

1 6. Defendants have failed to meet their burden on summary judgment and their motion to
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3 dismiss Plaintiff’s claims under Washington’s Open Public Meetings Act (OPMA) is DENIED;
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5 7. Defendants have failed to meet their burden on summary judgment and their motion to
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7 dismiss Plaintiff’s claims against individually named Defendants Rich Conrad, Charles Corder, Ernest
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9 Jahncke, and James Pearman is DENIED;
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11 8. Defendants have failed to meet their burden on summary judgment and their motion to
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13 dismiss Plaintiff’s claim for a permanent injunction is DENIED;
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15 9. Defendants have failed to meet their burden on summary judgment and their motion to
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17 dismiss Plaintiff’s request for an order compelling “Defendants to institute and carry out policies, practices,
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19 and programs which provide equal employment opportunities for all employees, and which eradicate the
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21 effects of its past and present unlawful employment practices,” (Dkt.13-2) is DENIED;
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23 10. Defendants have failed to meet their burden on summary judgment and their motion to dismiss
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25 Plaintiff’s claim for monetary damages, costs, and attorneys fees is DENIED.
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27 11. Defendants are precluded from raising any issues, arguments, or affirmative defenses in their
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29 Reply that were not raised in the original motion. Any newly raised arguments are hereby stricken.
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33 DATED this _________day of _____________, 2011.
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THE HONORABLE JAMES L. ROBART
39 United States District Court Judge
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[PROPOSED] ORDER DENYING DEFENDANTS' MOTION FOR PARTIAL THE BLANKENSHIP LAW FIRM, P.S.
SUMMARY JUDGMENT (Cause No. CV 08-1827 JLR) 28th Floor, Washington Mutual Tower
Page 2 1201 Third Avenue
Seattle, Washington 98101
(206) 343-2700
 Case 2:08-cv-01827-JLR Document 283-1 Filed 01/24/11 Page 4 of 5

1 PRESENTED BY:
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THE BLANKENSHIP LAW FIRM, P.S.
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9 By: /s/ Scott C. G. Blankenship
10 Scott C. G. Blankenship, WSBA No. 21431
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Nazik S. H. Youssef, WSBA No. 39762
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Rick Goldsworthy, WSBA No. 40684
14 The Blankenship Law Firm, P.S.
15 1201 Third Avenue, Suite 2880
16 Seattle, WA 98101
17 Telephone: (206) 343-2700
18 Fax: (206) 343-2704
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Email: sblankenship@blankenshiplawfirm.com
21 nyoussef@blankenshiplawfirm.com
22 rgoldsworthy@blankenshiplawfirm.com
23 Attorneys for Plaintiff
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[PROPOSED] ORDER DENYING DEFENDANTS' MOTION FOR PARTIAL THE BLANKENSHIP LAW FIRM, P.S.
SUMMARY JUDGMENT (Cause No. CV 08-1827 JLR) 28th Floor, Washington Mutual Tower
Page 3 1201 Third Avenue
Seattle, Washington 98101
(206) 343-2700
 Case 2:08-cv-01827-JLR Document 283-1 Filed 01/24/11 Page 5 of 5

1 DECLARATION OF SERVICE
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4 The undersigned hereby declares under penalty of perjury under the laws of the State of
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6 Washington that, on the below date, I mailed or caused delivery and/or electronically filed a true copy of
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8 this document, which will send notification of such filing, to the following persons:
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11 Stephanie R. Alexander, Esq.
12 Suzanne K. Michael, Esq.
13 Thomas P. Holt, Esq.
14 Michael & Alexander, PLLC
15 One Convention Place
16 701 Pike Street, Suite 1150
17 Seattle, WA 98101
18 Telephone: (206) 442-9696
19 Fax: (206) 442-9699
20 Email: stephanie@michaelandalexander.com
21 suzanne@michaelandalexander.com
22 thomas@michaelandalexander.com
23 Attorneys for Defendants
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25 at their regular offices.
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33 DATED this 24th day of January, 2011, at Seattle, Washington.
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/s/ Scott C.G. Blankenship
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Scott C. G. Blankenship, WSBA No. 21431
40 The Blankenship Law Firm, P.S.
41 1201 Third Avenue, Suite 2880
42 Seattle, WA 98101
43 Telephone: (206) 343-2700
44 Fax: (206) 343-2704
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Email: sblankenship@blankenshiplawfirm.com
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[PROPOSED] ORDER DENYING DEFENDANTS' MOTION FOR PARTIAL THE BLANKENSHIP LAW FIRM, P.S.
SUMMARY JUDGMENT (Cause No. CV 08-1827 JLR) 28th Floor, Washington Mutual Tower
Page 4 1201 Third Avenue
Seattle, Washington 98101
fa240501 (206) 343-2700