STIPULATION AND ORDER TO EXTEND DEADLINE FOR DEFENDANT TO RESPOND TO COMPLAINT AND TO STAY DEFENDANT'S ENFORCEMENT OF PART 3 OF CHAPTER 14.25 OF THE SEATTLE MUNICIPAL CODE

THOMAS S. ZILLY, District Judge.

Defendant the City of Seattle (the "City" or "Defendant"), and Plaintiff, The ERISA Industry Committee ("ERIC" or "Plaintiff"), and together (the "Parties"), hereby stipulate and agree to the following: (1) Defendant may have an extension of time, until and including October 4, 2018, to respond to Plaintiff's Complaint; and (2) the City will take no action to enforce Part 3 of Chapter 14.25 of the Seattle Municipal Code ("Part 3" or the "Ordinance") until the sooner of a dispositive ruling by this Court on the merits or January 1, 2019.

A. Stipulation to Extend Deadline to Respond to Complaint:

In support of the stipulation to extend the time for Defendant to respond to the complaint, the Parties make the following recitals:

WHEREAS, Plaintiff filed the Complaint on August 14, 2018;

WHEREAS, Defendant was served with the Complaint on August 15, 2018;

WHEREAS, Defendant retained counsel, Keller Rohrback L.L.P., to litigate this action on August 28, 2018;

WHEREAS, pursuant to Fed. R. Civ. P. 12(a)(1)(A)(i), Defendant must respond to the Complaint by September 5, 2018, which is one week after retaining counsel.

WHEREAS, this Stipulation will not alter the date of any event or deadline already fixed by the Court; and

WHEREAS, no prior extensions of time have been granted in this matter;

NOW THEREFORE, the Parties agree as follows:

1. Defendant may have an extension of time, until and including October 4, 2018, to respond to Plaintiff's Complaint; and

2. The Parties will confer regarding a briefing schedule concerning dispositive motions to present to the Court for approval.

B. Stipulation to Stay Enforcement of the Ordinance:

In support of the stipulation to stay enforcement of Part 3 of the Ordinance, the Parties make the following recitals:

WHEREAS, the Ordinance was enacted through a voter initiative on November 8, 2016;

WHEREAS, the City promulgated final rules interpreting Chapter 14.25 (including Part 3) on May 31, 2018, and revised them further on July 12, 2018;

WHEREAS, the Ordinance provides for the City to investigate charges alleging violations of Chapter 14.25 and to "have such powers and duties in the performance of these functions as are necessary and proper in the proper performance of the same and provided by law;" and

WHEREAS, absent a stay, Plaintiff would seek interim injunctive relief;

NOW THEREFORE, the Parties agree (via this Stipulation) to a temporary nonenforcement agreement (the "Agreement"), as follows:

1. The City will not enforce Part 3 of the Ordinance or the rules or practices related thereto adopted by the Seattle Office of Labor Standards ("the Rules"); provided, however, that:

2. Plaintiff agrees it will defer seeking interim injunctive relief so long as the Agreement is in place, except that it reserves the right to seek interim injunctive relief or other relief to protect the Court's jurisdiction in the event a private suit is pursued to enforce the Ordinance or Rules;

3. The Agreement shall terminate upon the sooner of a ruling on the merits or January 1, 2018.

4. The Parties will conduct further discussions, including on (a) whether to stay the effective date of the Rules pending a ruling on the merits, and (b) any extension concerning the termination date of this Agreement.

IT IS SO STIPULATED AND AGREED.

ORDER

Pursuant to the stipulation, docket no. 13, by the parties, the Court orders as follows:

1. The deadline by which Defendant must file its answer is extended by thirty days to October 4, 2018.

2. The City will not enforce Part 3 of the Ordinance or the rules or practices related thereto adopted by the Seattle Office of Labor Standards ("the Rules"); provided, however, that:

IT IS SO ORDERED.