ORDER ON MOTION TO DISMISS JAMES L. ROBART, District Judge. This matter comes before the court on Defendant CitiMortgage, Inc.'s ("CitiMortgage") motion to dismiss (Mot. (Dkt. # 34)) all ten claims of Plaintiffs Kenneth A. Siver and Catriona Siver's (the "Sivers") amended complaint (Am. Compl. (Dkt. # 25).). In response, the Sivers voluntarily dismiss their claims for violations of the Real Estate Settlement Procedures Act ("RESPA"), the Fair Debt Collection Practices Act ("FDCPA"), and the...
ORDER DENYING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT AND GRANTING SUMMARY JUDGMENT FOR DEFENDANTS KAREN L. STROMBOM, United States Magistrate Judge. This matter comes before the Court on plaintiffs' motion for summary judgment pursuant to Federal Rule of Civil Procedure ("Fed. R. Civ. P.") 56. The parties have consented to have this matter heard by the undersigned Magistrate Judge pursuant to 28 U.S.C. 636(c), Fed.R.Civ.P. 73 and Local Rule MJR 13. After having reviewed plaintiffs' motion...
ORDER ON MOTIONS FOR SUMMARY JUDGMENT, FOR DISMISSAL OF COUNTERCLAIMS, AND FOR PROTECTIVE ORDER JAMES L. ROBART, District Judge. I. INTRODUCTION Before the court are three motions: (1) Plaintiffs Micheal J. Axtman and James J. Benitez's motion to dismiss Defendant KC Distance Learning, Inc.'s ("KCDL") counterclaims (Dkt. # 58); (2) Defendants K12, Inc. ("K12"), Kayleigh Sub Two LLC, and KCDL's motion for a protective order (Dkt. # 61); and (3) KCDL's motion for summary judgment (Dkt. # 81)....
ORDER RE: MOTION TO DISMISS AMENDED COMPLAINT LONNY R. SUKO, District Judge. BEFORE THE COURT is Defendants' Motion To Dismiss Amended Complaint (ECF No. 45). This motion was heard with oral argument on October 13, 2011. Robert Kovacevich argued for Plaintiffs. Richard Berley, Brian Gruber, Joshua Osborne-Klein argued for Defendants. At the close of the hearing, the Court placed the motion under advisement. I. BACKGROUND Defendants contend that Plaintiffs' Amended Complaint (ECF No. 40) is,...
ORDER GRANTING IN PART MOTION FOR PARTIAL SUMMARY JUDGMENT RONALD B. LEIGHTON, District Judge. THIS MATTER comes before the Court on a motion for partial summary judgment filed by three of the defendants in this case: Extendicare Homes, Inc. d/b/a Puget Sound Healthcare Center ("PSHC"), Extendicare Health Facilities, Inc., and Extendicare Health Network, Inc. [Dkt. #30]. Plaintiff, who is suing individually and as the representative for the estate of Alma Harris, contends that PSHC provided...
ORDER ON DEFENDANTS' MOTIONS TO DISMISS, MOTION SUMMARY JUDGMENT, PROTECTIVE ORDER AND PLAINTIFF'S MOTION TO WITHDRAW MARSHA J. PECHMAN, District Judge. This matter comes before the Court on Defendant Atlantic Credit & Finance's ("ACF") motion to dismiss (Dkt. No. 20), Defendant Woolwine's motion to dismiss (Dkt. No. 19), Defendant Steinberg's motion to dismiss (Dkt. No. 5), Defendant Steinberg's motion for summary judgment (Dkt. No. 30), Defendant's motion for a protective order (Dkt. No. 44)...
ORDER ON THE PARTIES' DISPOSITIVE MOTIONS MARSHA J. PECHMAN, District Judge. This matter comes before the Court on Plaintiff's motion for summary judgment (Dkt. No. 35), Defendants' motion to dismiss (Dkt. No. 55), and Intervenor-Defendant's motion for summary judgment (Dkt. No. 50). Having reviewed the motions, the combined responses (Dkt. Nos. 55 and 50), the replies (Dkt. Nos. 59, 61, and 63), Defendants' notice of supplemental authority (Dkt. No. 69), Plaintiffs' response to the...
ORDER DENYING MOTION FOR SUMMARY ADJUDICATION OF STATE OF WASHINGTON'S CERCLA LIABILITY, INTER ALIA LONNY R. SUKO, District Judge. BEFORE THE COURT is the Defendant's Motion For Summary Adjudication Of The State Of Washington's CERCLA Liability (ECF No. 919). Oral argument was heard on October 31, 2011. Christa L. Thompson, Esq., argued for Plaintiff-Intervenor, State of Washington. Mark E. Elliott, Esq., and Amy E. Gaylord, Esq., argued for Defendant Teck Cominco Metals, Ltd. (Teck). I....
ORDER GRANTING IN PART MOTIONS TO DISMISS AND STAYING LITIGATION ROBERT S. LASNIK, District Judge. This matter comes before the Court on the "Individual Defendants' Motion to Dismiss for Failure to Make a Pre-Suit Demand, for Failure to State a Claim, and for Lack of Personal Jurisdiction" (Dkt. # 46), "Nominal Defendant HQ Sustainable Maritime's Motion to Dismiss or Stay" (Dkt. # 50), and "Plaintiffs' Request for Judicial Notice" (Dkt. # 60). Plaintiff alleges in this shareholder derivative...
ORDER DENYING DEFENDANT'S MOTION TO DISMISS JAMES L. ROBART, District Judge. This matter comes before the court on Defendant National Association of College Stores, Inc.'s ("NACS") motion to dismiss Plaintiff Amazon.com, Inc.'s ("Amazon") complaint pursuant to Rules 12(b)(1) and 12(b)(2) of the Federal Rules of Civil Procedure (Dkt. #14). NACS contends that (1) the court lacks subject matter jurisdiction over Amazon's declaratory judgment complaint, and (2) the court lacks personal...
ORDER GRANTING MOTIONS TO DISMISS OF DEFENDANTS JP MORGAN CHASE BANK AND NORTHWEST TRUSTEE SERVICES, INC. ROBERT J. BRYAN, District Judge. This matter comes before the Court on Defendant JP Morgan Chase Bank's (Chase) Motion to Dismiss under Fed. R.Civ.P. 12(b)(6). Dkt. 11. Defendant Northwest Trustee Services, Inc. (NWTS) joins the motion and also requests dismissal of Plaintiffs' claims. Dkt. 15. The Plaintiffs have failed to respond to the motions to dismiss. Pursuant to Local Rule 7(b)(2),...
ORDER RICHARD A. JONES, District Judge. I. INTRODUCTION This matter comes before the court on motions to compel arbitration pending in this case and in Stoican v. Cellco P'ship, No. C10-1017RAJ. In each case, the Defendant is a wireless phone service provider invoking 4 of the Federal Arbitration Act ("FAA") (9 U.S.C. 4) to force arbitration of a claim from a consumer who prefers to litigate the dispute in court. AT & T Mobility, LLC ("ATTM") is the Defendant in this case, and Cellco...
ORDER ON CROSS MOTIONS FOR SUMMARY JUDGMENT RICARDO S. MARTINEZ, District Judge. I. INTRODUCTION This matter comes before the Court upon Defendants American States' and Liberty Mutual's Motion for Summary Judgment (Dkt. # 12) and Plaintiffs Glenn and Teri Davis's Motion for Summary Judgment (Dkt. #17). Glen and Teri Davis ("Davis") are real estate developers. This dispute arises out of a claim filed by third parties Stephen and Kathy Johnston (the "Johnstons") against Davis. The Johnstons...
ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT RICARDO S. MARTINEZ, District Judge. This matter is before the Court for consideration of the parties' cross-motions for summary judgment. Dkt. ## 99; 103. Plaintiffs, Mr. Rashid Abdur Rahman and family, filed this action for a declaratory judgment and mandamus relief, seeking favorable Court action regarding several immigrant visa petitions filed by Mr. Rahman's former employer on behalf of Mr. Rahman. The Court heard oral argument on this matter...
ORDER JOHN C. COUGHENOUR, District Judge. This matter comes before the Court on the Court's order for Defendant James Gowdy to appear and show cause why he should not be found in civil contempt of this Court. (Dkt. No. 167.) Having thoroughly considered the briefing submitted, and having heard the parties at oral argument, the Court concludes that it lacks subject matter jurisdiction over Mr. Gowdy's alleged civil contempt. The Court therefore declines to proceed with an evidentiary hearing....
ORDER ON MOTION FOR PARTIAL SUMMARY JUDGMENT JAMES L. ROBART, District Judge. This matter comes before the court on Plaintiff National Association of Realtors' ("NAR") motion for partial summary judgment (Dkt. # 29) against Defendants Champions Real Estate Services, Inc. ("Champions"), Patricia Lord, and Richard Lord (collectively, "Defendants"). NAR's complaint alleges violations of the Lanham Act, 15 U.S.C. 1114 and 1125(a), unfair competition under the Washington State Consumer...
ORDER DENYING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT BENJAMIN H. SETTLE, District Judge. This matter comes before the Court on Defendants' motion for summary judgment (Dkt. 52). The Court has considered the pleadings filed in support of and in opposition to the motion and the remainder of the file and hereby denies the motion for the reasons stated herein. I. PROCEDURAL HISTORY On February 25, 2010, Plaintiff Michael Kirkland ("Kirkland") filed the original complaint in this action...
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT [Dkt. # 59, 64, 66, 67, 68]. RONALD B. LEIGHTON, District Judge. THIS MATTER comes before the Court upon Defendants' Motions for Summary Judgment. [Dkt. #59, 64, 66, 67, 68]. The Court has considered the entirety of the record herein, and for the reasons set forth below, the Court GRANTS the motions in part and DENIES the motions in part. I. BACKGROUND This action arises out of the Milwaukee Way Antiwar...
ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT RICARDO S. MARTINEZ, District Judge. I. INTRODUCTION This matter comes before the Court upon Defendant's Motion for Summary Judgment. Dkt. #11. Defendant argues that the "claims made and reported" policy issued to the insured does not cover Plaintiff's claim because the claim was not reported to the insurer until after the policy had already expired. For the reasons set forth below, Defendant's motion is GRANTED. II. BACKGROUND At...
ORDER ON MOTIONS FOR SUMMARY JUDGMENT JAMES L. ROBART, District Judge. This matter comes before the court on Defendants King County, Kathy Brown, Ameer Faquir, Dave Stamper, and Dan Kenoyer's (collectively, the "King County Defendants") amended motion for summary judgment (Dkt. # 66 ("KC Mot.")) and Defendant Gene Willard's motion for summary judgment (Dkt. # 46 ("Willard Mot.")). Plaintiff Carl Knight opposes both motions. (Dkt. ## 68 ("KC Resp."), 71 ("Willard Resp.").) Having considered...
