Robin Farris v. Amit Ranade

ORDER AMENDING MEMORANDUM DISPOSITION AND DENYING PETITION FOR REHEARING EN BANC

The memorandum disposition, filed July 11, 2014, is AMENDED.

An amended memorandum disposition is filed concurrently with this order. Judges Gould and Christen have voted to deny Appellants’ petition for rehearing en banc, and Judge Fisher so recommends.

The full court has been advised of the petition for rehearing en banc and no judge has requested a vote on whether to rehear the matter en banc. Fed. R.App. P. 35. Appellants’ petition for rehearing en banc, filed July 25, 2014, is DENIED.

No further petitions for rehearing will be accepted.

AMENDED MEMORANDUM

The plaintiffs appeal the district court’s summary judgment order, insofar as it declined to address the plaintiffs’ facial challenge to Washington Revised Code § 42.17A.405(3). They also appeal the district court’s ruling that their motion for attorney’s fees was untimely and that they did not demonstrate excusable neglect warranting an extension of the deadline. We have jurisdiction under 28 U.S.C. § 1291 . We affirm the summary judgment order but vacate and remand on the attorney’s fees issue.

1. In Farris v. Seabrook (Farris I), 677…