Lieuallen v. Spokane County Fire Protection District No 1 et al

Filing 33

ORDER GRANTING STIPULATED MOTION 31 FOR DISMISSAL OF FEDERAL CLAIMS AND REMANDING STATE CLAIMS TO SPOKANE COUNTY SUPERIOR COURT. All federal claims and causes of action and all claims against individual defendants Michael Thompson and Larry T. Ride r are DISMISSED with prejudice and without costs or fees to any party. Plaintiffs state law common law and statutory claims against Defendant Spokane County Fire Protection District No. 1 are REMANDED to the Spokane County Superior Court. Signed by Judge Thomas O. Rice. (BF, Judicial Assistant)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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RYAN J. LIEUALLEN, an individual,
NO: 13-CV-0393-TOR

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Plaintiff,
v.
SPOKANE COUNTY FIRE
PROTECTION DISTRICT NO. 1, a
municipal corporation of the State of
Washington, d/b/a SPOKANE
VALLEY FIRE DEPARTMENT;
MICHAEL THOMPSON, a married
person; LARRY T. RIDER, a married
person,

ORDER OF DISMISSAL OF
FEDERAL CLAIMS WITH
PREJUDICE AND REMAND OF
STATE CLAIMS

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Defendants.
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BEFORE THE COURT is the parties’ Stipulated Motion for Dismissal of

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Federal Claims (ECF No. 31). Pursuant to the parties’ stipulation, the Court will

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dismiss all federal claims alleged in Plaintiff’s complaint under 42 U.S.C. § 1983

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and 42 U.S.C. §12101 et seq., and all claims against individual defendants Michael

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Thompson and Larry T. Rider with prejudice and without costs or attorney’s fees
ORDER OF DISMISSAL OF FEDERAL CLAIMS WITH PREJUDICE AND
REMAND OF STATE CLAIMS ~ 1

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to any party. Fed. R. Civ. P. 41(a)(1)(A)(ii). Plaintiff’s state law common law and

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statutory claims against Defendant Spokane County Fire Protection District No. 1

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are preserved and shall be remanded to the Spokane County Superior Court

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pursuant to the parties’ stipulation.

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IT IS HEREBY ORDERED:

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1. The parties’ Stipulated Motion for Dismissal of Federal Claims (ECF No.

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31) is GRANTED. All federal claims and causes of action and all claims

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against individual defendants Michael Thompson and Larry T. Rider are

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DISMISSED with prejudice and without costs or fees to any party.

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2. Plaintiff’s state law common law and statutory claims against Defendant

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Spokane County Fire Protection District No. 1 are REMANDED to the

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Spokane County Superior Court.

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The District Court Executive is hereby directed to enter this Order; provide

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copies to counsel; provide a certified copy to the Clerk of the Superior Court of the

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State of Washington for Spokane County, Cause No. 13-2-04244-9; and CLOSE

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this file.

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DATED May 23, 2014.

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THOMAS O. RICE
United States District Judge

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ORDER OF DISMISSAL OF FEDERAL CLAIMS WITH PREJUDICE AND
REMAND OF STATE CLAIMS ~ 2