Meske v. Renzelman et al

Filing 60

ORDER GRANTING MOTION FOR RECONSIDERATION AND DISMISSING DEFENDANT ASOTIN COUNTY SHERIFF'S DEPARTMENT, granting 56 Motion for Reconsideration. Signed by Judge Salvador Mendoza, Jr. (LR, Case Administrator)

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1 FILED IN THE U.S. DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 2 Aug 09, 2017 SEAN F. MCAVOY, CLERK UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 3 4 LILIANA M. MESKE, No. 2:15-CV-0359-SMJ 5 Plaintiff, 6 v. 7 8 9 10 11 AMANDA RENZELMAN, individually and in her official capacity; DON W. ANDERSON, individually and in his official capacity; ASOTIN COUNTY SHERIFF’S DEPARTMENT; ASOTIN COUNTY, a political subdivision of the State of Washington; and DOES 1-10, ORDER GRANTING MOTION FOR RECONSIDERATION AND DISMISSING DEFENDANT ASOTIN COUNTY SHERIFF’S DEPARTMENT Defendants. 12 13 On June 19, 2017, Defendants moved to dismiss the claims against Defendant 14 Asotin County Sheriff’s Department, arguing that the Sheriff’s Department was not 15 an independent legal entity capable of being sued. ECF No. 32. The Court denied 16 this motion on August 4, 2017. ECF No. 55. Defendants now move for 17 reconsideration. ECF No. 56. Along with asking the Court to reconsider its decision 18 on the merits, Defendants have brought to the Court’s attention that in Plaintiff’s 19 response to a separate motion that the Court has not yet reviewed, Plaintiff 20 voluntarily withdrew her causes of action against the Asotin County Sheriff’s ORDER - 1 1 Department. Id. Because Plaintiff has withdrawn her claims against the Asotin 2 County Sheriff’s Department, ECF No. 48 at 2, the Court grant’s Defendants motion 3 for reconsideration and dismisses the claims against the Sheriff’s Department. 4 Accordingly, IT IS HEREBY ORDERED: 5 1. Defendants’ Motion for Reconsideration Re: Defendants Motion to 6 Dismiss Asotin County Sheriff’s Department, ECF No. 56, is 7 GRANTED. 8 2. All claims against Defendant Asotin County Sheriff’s Department are 9 DISMISSED, and the Clerk’s Office is directed to terminate 10 Defendant Asotin County Sheriff’s Department as a party to this 11 matter. 12 13 14 IT IS SO ORDERED. The Clerk’s Office is directed to enter this Order and provide copies to all counsel. DATED this 9th day of August 2017. 15 __________________________ SALVADOR MENDOZA, JR. United States District Judge 16 17 18 19 20 ORDER - 2

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