Rice-Erso v. County of Spokane et al

Filing 11

ORDER GRANTING MOTION TO EXPEDITE, MOTION TO DISMISS FEDERAL CLAIMS, REMANDING THE CASE TO SPOIKANE COUNTY SUPERIOR COURT, AND CLOSE FILE - granting 9 Motion to Dismiss; and granting 10 Motion to Expedite. Signed by Senior Judge Justin L. Quackenbush. (CC, Case Administrator)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF WASHINGTON

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BENJAMIN RICE-ERSO, a single
person,
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Plaintiff,
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v.
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COUNTY OF SPOKANE, et al.,
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Defendants.
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_______________________________)

NO. 13-CV-0331-JLQ
ORDER GRANTING MOTION TO
EXPEDITE, MOTION TO DISMISS
FEDERAL CLAIMS,
REMANDING THE CASE TO
SPOKANE COUNTY
SUPERIOR COURT, AND CLOSE FILE

Pursuant to the “Stipulation to Dismiss Federal Claim with Prejudice (ECF

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No. 9), and the concurrence of defense counsel stated orally to the court at the

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telephonic status conference held November 19, 2013 (see ECF No. 8), IT IS

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HEREBY ORDERED:

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1. Plaintiff’s Motion to Expedite (ECF No. 10) is GRANTED.

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2. Plaintiff’s “Stipulated Motion to Dismiss” (ECF No. 9) is GRANTED;

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3. Plaintiff’s federal claims under 42 U.S.C. §§ 1983 and 1985 set forth in the

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Complaint (ECF No. 1, Ex. A at 6-21) against all Defendants are DISMISSED

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WITH PREJUDICE and without costs or attorneys fees to any party.

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4. Given the court’s dismissal of all claims for which it has original

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jurisdiction, pursuant to 28 U.S.C. § 1367(c) the court REMANDS Plaintiff’s

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remaining state law claims to the Superior Court of the State of Washington for

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Spokane County under the prior filing in that court.

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The District Court Executive is hereby ordered to enter this Order, enter

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Judgment of Dismissal in favor of all Defendants on Plaintiff’s claims under 42

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U.S.C. §§ 1983 and 1985, provide copies to counsel, and mail a certified copy of
ORDER – 1

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this Order to the Clerk of the Spokane County Superior Court of the State of

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Washington, and CLOSE THE FILE.

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IT IS SO ORDERED.

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DATED this 29th day of November, 2013.
s/ Justin L. Quackenbush
JUSTIN L. QUACKENBUSH
SENIOR UNITED STATES DISTRICT JUDGE

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ORDER – 1