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The Honorable Jim Rogers Noted for Hearing: October 28, 2022 at 11 am
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SUPERIOR COURT OF THE STATE OF WASHINGTON KING COUNTY
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PATRICK WILLS, et al., No. 19-2-31648-9 SEA
10 Plaintiffs, 11 12
v.
13 SEATTLE CHILDREN’S HOSPITAL, a nonprofit Washington corporation, 14 Defendant. 15 16 17
I.
SEATTLE CHILDREN’S HOSPITAL’S OPPOSITION TO PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION
INTRODUCTION AND RELIEF REQUESTED
Plaintiffs filed this case more than two-and-a-half years ago. In January of this year, the
18 Honorable Dean Lum denied Plaintiffs’ motion for class certification in a comprehensive 19 opinion, finding that Plaintiffs failed to satisfy every prerequisite to class certification under Rule 20 23. Dkt. 413. Now, Plaintiffs return with a second motion, apparently intended to correct some 21 of the problems Judge Lum identified. Ultimately, however, the motion fares no better. 22
Plaintiffs ask the Court to certify two classes consisting of patients who have been
23 “injured” by Seattle Children’s alleged negligence. As with the first failed motion, counsel fail 24 to propose an identifiable class, since they suggest no way for the Court to identify which 25 proposed class members have actually suffered injury caused by Seattle Children’s alleged 26 conduct, absent individual fact-finding that’s inconsistent with the class device. For that reason, 27 SEATTLE CHILDREN’S OPPOSITION TO PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION - 1 4880-3033-5532v.9 0017722-000496
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