ORDER DENYING DEFENDANT'S MOTION TO DISMISS PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(b)(1) JAMES P. DONOHUE, United States Magistrate Judge. I. INTRODUCTION AND SUMMARY CONCLUSION On June 21, 2010, plaintiff Clausen Law Firm, PLLC ("Clausen") filed a complaint on its behalf and on behalf of others similarly situated against defendant National Academy of Continuing Legal Education ("NACLE"), alleging violations of the Telephone Consumer Protection Act, 47 U.S.C. 227, et seq.,...
ORDER ON MOTION FOR A PRELIMINARY INJUNCTION RICARDO S. MARTINEZ, District Judge. This matter is before the Court for consideration of a motion for a preliminary injunction filed by plaintiffs. Dkt. #32. The Court heard oral argument on this motion on Monday, November 1, 2010 and has fully considered the parties' memoranda and exhibits. For the reasons set forth below, the motion shall be granted as to the alternative relief requested by plaintiffs. FACTUAL BACKGROUND Plaintiff Rashid Abdur-...
ORDER RICHARD A. JONES, District Judge. I. INTRODUCTION This matter comes before the court on Defendants' motion to dismiss (Dkt. # 61). The Defendants requested oral argument, but the Plaintiff did not. The court finds the motion suitable for disposition on the basis of the parties' briefing and supporting evidence. For the reasons explained below, the court GRANTS the Defendants' motion (Dkt. # 61). II. BACKGROUND Plaintiff Capitol West Appraisals, LLC ("Capitol West") filed a putative...
ORDER GRANTING PRELIMINARY INJUNCTION BENJAMIN H. SETTLE, District Judge. This matter comes before the Court on Plaintiff's motion for a temporary restraining order ("TRO") and for preliminary injunction. Dkt. 2. The Court has considered the pleadings filed in support of and opposition to the motion and the remainder of the file and hereby grants Higher Taste's motion for a preliminary injunction as discussed herein. I. PROCEDURAL BACKGROUND On April 14, 2010, Higher Taste filed its...
ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT LONNY R. SUKO, Chief Judge. BEFORE THE COURT is Defendants' Motion for Summary Judgment, Ct. Rec. 14, filed August 10, 2010 and noted without oral argument on September 30, 2010. I. FACTS The following facts 1 represent the Defendants' statement of material facts in support of Defendants' summary judgment motion. Plaintiff, Muhammad Zahid Chaudhry, a native and citizen of Pakistan, was born in Lahore, Pakistan in 1973. Chaudhry...
ORDER GRANTING DEFENDANT'S SPECIAL MOTION TO STRIKE PLAINTIFF'S CLAIMS OF MISAPPROPRIATION OF LIKENESS AND INVASION OF PRIVACY KAREN L. STROMBOM, United States Magistrate Judge. This matter comes before the Court on Defendant Dog Eat Dog Films, Inc's. 1 special motion to strike Plaintiff Ken Aronson's state law claims for invasion of privacy and misappropriation of likeness pursuant to the Washington Act Limiting Strategic Lawsuits Against Public Participation (Washington Anti-SLAPP Act)...
ORDER GRANTING PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT JAMES P. DONOHUE, United States Magistrate Judge. I. INTRODUCTION AND SUMMARY CONCLUSION Plaintiffs, Local 302 of the International Union of Operating Engineers and three Operating Engineers trust funds, bring this action to compel defendant, Nelson E. Gill, to submit to an audit by furnishing certain employee payroll records and information. This matter comes before the Court upon plaintiffs' motion for partial summary judgment....
ORDER GRANTING CANAL INDEMNITY COMPANY'S MOTION FOR SUMMARY JUDGMENT ON DECLARATORY JUDGMENT ACTION BENJAMIN H. SETTLE, District Judge. This matter comes before the Court on Plaintiff Canal Indemnity Company's ("Canal") motion for summary judgment on Canal's declaratory judgment action, declaring (a) that there is no coverage under the Canal policies issued to Defendant Adair Homes, Inc. ("Adair Homes") for the claims/lawsuits filed by the Defendants Daniel and Tammy Pearson and K.P., an...
AMENDED ORDER ON MOTIONS FOR SUMMARY JUDGMENT [Dkt. # s 65 and 66] RONALD B. LEIGHTON, District Judge. THIS MATTER comes before the Court on Plaintiff's Motion for Summary Judgment and Defendant's Cross-Motion for Summary Judgment [Dkt. # s 65 and 66]. Plaintiff International Rehabilitative Sciences, Inc. ("RS Medical") seeks reversal of four final decisions: 1. ALJ Appeal Numbers 1-195779535, 1-180164901, and 1-201743101 (originally issued April 11, 2008, amended May 12, 2008) ("535...
ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT JAMES P. HUTTON, United States Magistrate Judge. BEFORE THE COURT are cross-motions for summary judgment noted for hearing without oral argument on August 27, 2010 (Ct. Rec. 13, 18). Attorney Maureen J. Rosette represents plaintiff; Special Assistant United States Attorney David Burdett represents the Commissioner of Social Security (Commissioner). The parties have consented to proceed before a magistrate judge (Ct. Rec. 8). On April 6,...
ORDER DENYING PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION EDWARD F. SHEA, District Judge. An evidentiary hearing occurred in the above-captioned matter on April 27 and 28, 2010, in Richland, Washington. Christopher P. Fisher, Isaac J. Eddington, Joseph A. Castrodale, and Thomas Cochran appeared for Plaintiffs National City Bank, N.A. ("National City") and The PNC Financial Services Group, Inc. ("PNC"); Karen F. Jones and James E. Breitenbucher appeared for Defendant Prime Lending, Inc. ("...
ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT MARY ALICE THEILER, United States Magistrate Judge. INTRODUCTION Plaintiff Cecil Stewart brought this employment action against defendant Master Builders Association of King and Snohomish Counties ("MBA") pursuant to the anti-retaliation provision of the Fair Labor Standards Act ("FLSA"), 29 U.S.C. 215(a)(3). He claims retaliation by and constructive discharge from his employment with defendant following his complaint that MBA...
ORDER RE MOTIONS FOR SUMMARY JUDGMENT RE ENVIRONMENTAL RESPONSE COSTS AS "DAMAGES" LONNY R. SUKO, Chief Judge. BEFORE THE COURT are Plaintiff's and Defendants' Cross-Motions For Summary Judgment Re Environmental Response Costs As "Damages" (Ct. Rec. 374 and 419). These motions were heard with oral argument on July 22. Mark J. Plumer, Esq., argued for the Plaintiff. Barry N. Mesher, Esq., argued for Defendants. I. BACKGROUND The parties agree there is no conflict between Washington and...
ORDER RE MOTIONS FOR SUMMARY JUDGMENT RE QUALIFIED POLLUTION EXCLUSION CLAUSE LONNY R. SUKO, Chief Judge. BEFORE THE COURT are Plaintiff's and Defendants' Cross-Motions For Summary Judgment Re The Qualified Pollution Exclusion Clause (Ct. Rec. 382 and 424). These motions were heard with oral argument on July 22. David F. Klein, Esq., argued for the Plaintiff. Gabriel Baker, Esq., argued for Defendants. I. BACKGROUND This motion presents the same threshold issues which have been addressed...
ORDER RE MOTIONS FOR SUMMARY JUDGMENT RE SCOPE OF COVERAGE LONNY R. SUKO, Chief Judge. BEFORE THE COURT are Plaintiff's and Defendants' Cross-Motions For Summary Judgment On Scope Of Coverage (Ct. Rec. 389 and 414). These motions were heard with oral argument on July 22. Mark J. Plumer, Esq., argued for the Plaintiff. Gabriel Baker, Esq., argued for Defendants. I. BACKGROUND Plaintiff Teck Metals, Ltd. (Teck) asks the court to rule as a matter of law that once the London Market Insurance...
ORDER GRANTING THIRD PARTY CAROLYN NIELSEN'S MOTION TO QUASH SUBPOENA DUCES TECUM, FOR PROTECTIVE ORDER, AND FOR ATTORNEY'S FEES AND COSTS MARSHA J. PECHMAN, District Judge. This matter is before the Court on third party Carolyn Nielsen's motion to quash a subpoena duces tecum, for a protective order barring future deposition, and for attorney's fees and costs. (Dkt. No. 8.) After reviewing the relevant briefs, rulings, declarations, and exhibits, the Court GRANTS the motion in its entirety....
ORDER GRANTING IN PART AND DENYING IN PART POST-TRIAL MOTIONS JAMES L. ROBART, District Judge. I. INTRODUCTION Before the court is (1) Defendant Gamber-Johnson LLC's ("Gamber-Johnson") motion for a directed verdict or judgment as a matter of law (Dkt. # 180) 1 ; (2) a motion for permanent injunction and other relief by Plaintiff National Products Inc. ("NPI") (Dkt. # 205); and (3) a motion to strike materials not admitted at trial by Gamber-Johnson (Dkt. # 245). The court, having reviewed...
ORDER RENOTING PLAINTIFFS' MOTION TO STRIKE DEFENDANTS' COUNTERCLAIM FOR MALICIOUS PROSECUTION BENJAMIN H. SETTLE, District Judge. This matter comes before the Court on the Plaintiffs' Special Motion to Strike the Clark County Defendants' Counterclaim for Malicious Prosecution (Dkt. 48). The Court has considered the pleadings filed in support of and in opposition to the motion and the remainder of the record, and hereby renotes the motion pending limited discovery on the counterclaim for...
ORDER GRANTING IN PART PARK WEST'S MOTION TO DISMISS FIRST AMENDED COMPLAINT ROBERT S. LASNIK, District Judge. This matter comes before the Court on "Park West's Motion To Dismiss Plaintiffs' First Amended Complaint" in Hatter v. Park West Galleries, Inc. MDL09-2076, Dkt. #96; C09-1242RSL, Dkt. #38. Defendants Park West Galleries, Inc., PWG Florida, Inc., Fine Art Sales, Inc., and Vista Fine Art, LLC (together, "Park West") seek dismissal of all of the claims asserted against them. Having...
ORDER GRANTING PARK WEST'S MOTION TO DISMISS FIRST AMENDED COMPLAINT ROBERT S. LASNIK, District Judge. This matter comes before the Court on "Park West's Motion Dismiss Plaintiffs' First Amended Complaint" in Alleman v. Park West Galleries, Inc. MDL09-2076, Dkt. # 95; C09-1716RSL, Dkt. # 25. Defendants Park West Galleries, Inc., PWG Florida, Inc., Fine Art Sales, Inc., and Vista Fine Art, LLC (together, "Park West") seek dismissal of all of the claims asserted against them. Having reviewed...
