Meske v. Renzelman et al

Filing 73

ORDER DENYING PLAINTIFF'S MOTION FOR RECONSIDERATION, denying 61 Motion for Reconsideration. Signed by Judge Salvador Mendoza, Jr. (LR, Case Administrator)

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1 2 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 3 4 LILIANA M MESKE, No. 2:15-cv-00359-SMJ 5 Plaintiff, ORDER DENYING PLAINTIFF’S MOTION FOR RECONSIDERATION 6 v. 7 8 9 10 AMANDA RENZELMAN, individually and in her official capacity; DON W. ANDERSON, individually and in his official capacity; ASOTIN COUNTY, a political subdivision of the State of Washington; and DOES 1-10, Defendants. 11 12 Before the Court, without oral argument, is Plaintiff Liliana M. Meske’s 13 Motion for Reconsideration, ECF No. 61. On August 4, 2017, the Court denied 14 Defendants’ motion to dismiss Plaintiff’s claims against Asotin County Sheriff’s 15 Department. ECF No. 55. On August 9, 2017, the Court granted Defendants’ 16 motion to reconsider that decision and dismissed Plaintiff’s claims against the 17 Asotin County Sheriff’s Department because Plaintiff had voluntarily withdrawn 18 her causes of action against the Sheriff’s Department. ECF No. 60. On that same 19 day, Plaintiff filed an amended response removing her statement that she agreed to 20 withdraw claims against the Sheriff’s Department, ECF No. 57, and filed a motion ORDER - 1 1 for reconsideration of the Court’s order granting Defendants’ motion for 2 reconsideration. ECF No. 60. 3 The Court is fully informed and denies Plaintiff’s motion. The Court issued 4 a decision on the merits of Defendants’ Motion to Dismiss, ECF No. 32, in error 5 because the Court was unaware that Plaintiff had already withdrawn her claims 6 against the Sheriff’s Department, ECF No. 48 at 2. Plaintiff does not get to take 7 back her decision to withdraw her claims now that she knows the Court would 8 have been receptive to an argument against dismissal of those claims. 9 Accordingly, IT IS HEREBY ORDERED: 10 1. 11 IT IS SO ORDERED. The Clerk’s Office is directed to enter this Order 12 13 Plaintiff’s Motion for Reconsideration, ECF No. 61, is DENIED. and provide copies to all counsel. DATED this 22nd day of August 2017. 14 __________________________ SALVADOR MENDOZA, JR. United States District Judge 15 16 17 18 19 20 ORDER - 2

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