UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE

Transcription

1 THE HONORABLE JOHN C. COUGHENOUR UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 1 CHONG and MARILYN YIM, KELLY LYLES, EILEEN, LLC, and RENTAL HOUSING ASSOCIATION OF WASHINGTON, vs. Plaintiffs, THE CITY OF SEATTLE, a Washington Municipal corporation, Defendant. NO. :-cv-00-jcc MOTION FOR LEAVE TO FILE BRIEF OF THE NATIONAL CONSUMER REPORTING ASSOCIATION AS AMICUS CURIAE IN SUPPORT OF PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT AND IN OPPOSITION OF DEFENDANT'S CROSS-MOTION FOR SUMMARY JUDGMENT NOTE DATE: DECEMBER, MOTION FOR SUMMARY JUDGMENT-1

2 1 1. INTRODUCTION The National Consumer Reporting Association ( NCRA ) submits this Motion for Leave to File a Brief as Amicus Curiae in Support of Plaintiffs Motion for Summary Judgment and in Opposition of Defendant s Cross-Motion for Summary Judgment. See Dkt. (Minute Order setting briefing schedule).. IDENTITY AND INTEREST OF AMICUS CURIAE NCRA is a national trade organization of consumer reporting agencies regulated by the FCRA and associated professionals that provide products and services to credit grantors, employers, landlords and all types of general businesses. Founded in, NCRA's membership now includes a large percentage of this Nation s mortgage credit reporting entities, employment background screeners, tenant-screening agencies, and consumer data repositories. NCRA creates and disseminates educational, operational, and advocacy services for its members, and for the benefit of end users of consumer data. In doing so, NCRA advocates for fair governmental treatment of consumers, consumer reporting agencies and property owners in multi-family housing businesses nationwide, including advocating for the interests of the rental housing business community at large in legal cases of national concern. Because of the manner in which the subject Ordinance at issue was drafted, NCRA s members and their end users are directly impacted by the issues presented in this case. As such, NCRA offers this amicus brief to address how the Ordinance, both as currently drafted and as to how it will be interpreted under the rules of statutory construction, fails to give proper notice as to what certain conduct is actually prohibited; is impermissibly overbroad; and contains provisions that are preempted under the FCRA. As such, NCRA wishes to write this Court separately and file its Brief to assist the Court by providing an industry view of the actual language used in the subject Ordinance and its MOTION FOR SUMMARY JUDGMENT-

3 1 practical effect on the consumer reporting industry and its end users if it should be allowed to stand.. REASONS WHY MOTION SHOULD BE GRANTED District courts have broad discretion to appoint amicus curiae. Sierra Club v. BNSF Ry. Co., No. C--JCC, 1 U.S. Dist. LEXIS, at * (W.D. Wash. Sep., 1) (quoting Hoptowit v. Ray, F.d, (th Cir. )). Amicus briefs from non-parties are frequently welcome[d] by district courts when they concern legal issues that have potential ramifications beyond the parties directly involved or if the amicus has unique information or perspective that can help the court beyond the help that the lawyers for the parties are able to provide. NGV Gaming, Ltd. v. Upstream Point Molate, Ltd. Liab. Co., F. Supp. d 1, (N.D. Cal. 0) (quoting Cobell v. Norton, F.Supp.d, (D.D.C. 0)). The Court should exercise its discretion to permit NCRA to file the attached amicus brief. NCRA draws upon its unique experience and knowledge about the consumer data industry and the laws that regulate it to demonstrate the potential impact of laws such as Seattle s Fair Chance Housing Ordinance on everyone that falls under the Ordinance s broad reach beyond landlords.. CONCLUSION For the foregoing reasons, the Court should grant this Motion, and permit the NCRA to file its Brief of The National Consumer Reporting Association as Amicus Curiae in Support of Plaintiffs Motion for Summary Judgment and in Opposition of Defendant s Cross- Motion for Summary Judgment, attached as Appendix A. MOTION FOR SUMMARY JUDGMENT-

4 DATED this _rd_ day of November. JACOBSON, RUSSELL, SALTZ, NASSIM & DE LA TORRE, LLP By: s/michael J. Saltz Michael J. Saltz, CSBA 1 Jacobsen, Russell, Saltz, Nassim & De La Torre, LLP 0 Century Park East, Suite 00 Los Angeles, CA 00 msaltz@jrsnd.com Tel.: () -00 Counsel for Amicus Curiae The National Consumer Reporting Association By: s/jeffrey E. Bilanko Jeffrey E. Bilanko, WSBA Carroll, Biddle, & Bilanko, PLLC Tel.: () - jbilanko@cbblegal.com Counsel for Amicus Curiae The National Consumer Reporting Association 1 MOTION FOR SUMMARY JUDGMENT-

5 CERTIFICATE OF SERVICE The undersigned declares under penalty of perjury under the laws of the State of Washington that on this day a true and accurate copy of the document to which this declaration is affixed was filed with the above-entitled Court through CM/ECF. DATED this _rd_ day of November. /s/ Stephanie M. Hosey Stephanie M. Hosey, Paralegal 1 MOTION FOR SUMMARY JUDGMENT- " = "" "/v." "" /v.