10 at 12 3 14 15 a7 18 19 20 21 22 23 24 25 26 us. tue une tastes ICT FOTO NOV 0 3 2003 JES 8 LARSEN, CLERK a, WaseroR OY UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON TORR MARIO DUCEY, NO. C¥-02-3080-LRS. Plaintiff, re ) } } ) ) CITY OF YAKIMA, a municipal ) corporation, and OFFICERS MATT — ) MEYERS and J. LEE, members of — ) the Yakima Police Department; } WEST COAST YAKIMA CENTER HOTEL; — ) KEVIN ST. MARTIN; and JOHN } BAILEY, ) ) ) Defendants BEFORE THE COURT is Plaintiff's Motion to Modify the Court's Pre-Trial order and for Leave to Amend the Complaint, filed September 12, 2003 (ct Rec. 54); Defendants City of Yakima and Officer Matt J. Lee's Motion for Summary Judgment, filed September 12, 2003 (Ct. Rec. 48); and Defendants West Coast Yakima Center Hotel, Kevin St. Martin and John Bailey’s Motion for Summary Judgment, filed September 10, 2003 (Ct. Rec. 42). The motions were heard with oral argument in Yakima, Washington on October 29, 2003. Darryl Parker appeared on behalf of plainti€s. Christine E. Tavares appeared on behalf of Defendants West Coast Yakima Center Hotel, Kevin St. Martin and John Bailey; Robert L Christie appeared on behalf of Defendant Officer Matt Lee; and Helen Harvey ORDER GRANTING DEFENDANTS’ MOTIONS FOR SUMMARY JUDGMENT - 110 qa 12 13 14 15 16 uy 18 19 20 a1 22 23 24 25 26 appeared on behalf of Defendant City of Yakima. ‘this Order is entered to memorialize and supplement oral rulings of the Court I. BACKGROUND on July 30, 2002, Plaintiff Torr Mario Ducey [Ducey], an African- American male citizen, filed a Complaint alleging civil rights violations by Defendants City of Yakima City] and City of Yakima police officers Matt Neyers (Meyers] and Matt J. Lee [Lee] stemming from his arrest on July 30, 2002. The Complaint asserts four causes of action against Defendant City, Meyers and Lee. Plaintiff's first and second claims allege illegal search and seizure in violation of 42 U.S.C. $1983. Plaintiff's third claim alleges conspiracy under 42 U.S.C. §1985. Plaintiff's fourth claim asserts mmicipal liability under 42 U.S.C. §1983. Plaintiff’s £ifth claim alleges state law torts involving misuse of legal procedure (malicious prosecution and abuse of process) against Defendant Westcoast Yakima Center Hotel [Defendant Hotel), Defendant Kevin St. Martin (St. Martin], a hotel employee, and Defendant John Bailey {Bailey], a hotel manager. Plaintiff’s sixth claim alleges intentional state law tort clains of false imprisonment and false arrest against Defendants Hotel, st. Martin and Bailey. In addition to Plaintiff's claims under the Fourth, Fifth and Fourteenth Amendments to the United States Constitution, the Civil Rights Acts of 1871, and 42 U.S.C. §§1983 and 1985 for civil rights violations, ORDER GRANTING DEFENDANTS’ MOTIONS FOR SUMMARY JUDGMENT - 210 a 12 13 14 15 16 Wy 18 19 20 2. 22 23 24 25 26 Plaintiff seeks to recover for physical injury as well as sevare mental and emotional distress. On September 10, 2003, Defendants West Coast Yakima Center Hotel, Kevin St. Martin and John Bailey filed a motion for summary judgment. on September 12, 2003, Defendants City of Yakima and Officer Matt J. Lee filed a motion for summary judgment. Also on September 12, 2003, plaintiff filed a motion to modify the Court's Scheduling order and for eave to amend his complaint. Plaintiff seeks to amend his complaint to add a new cause of action for negligence against Defendants City of Yakima and its officers and to add a claim for trespass against Defendant Westcoast Yakima Center Hotel. The Scheduling Order issued by the Court on December 10, 2002 imposes a deadline of December 31, 2002 to file motions to amend the pleadings. The discovery deadline of August 29, 203 imposed under the Scheduling Order has passed. The dispositive motions deadline of September 12, 2003 imposed under the Court's Scheduling Order has also passed. Plaintiff maintains that good cause exists for the modification of the pretrial order and that courts are to grant leave to amend liberally. Defendants, on the other hand, argue that plaintiff has failed to show good cause, the untimely proposed amendment would prejudice defendants who have pending summary judgment motions, and the proposed claims for trespass and negligence are futile for various reasons. II. UNDISPUTED FACTS Plaintiff, a African-American Seattle area resident, arrived in Yakima, Washington on July 29, 2000 and checked into the defendant Hotel ORDER GRANTING DEFENDANTS’ MOTIONS FOR SUMMARY JUDGMENT - 3