CSI Construction Company v. Campbell's Siding & Windows et al

Filing 42

ORDER DISMISSING CASE. Signed by Senior Judge Edward F. Shea. (PL, Case Administrator)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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No.

CSI CONSTRUCTION COMPANY, a
Colorado corporation,

4:14-CV-5035-EFS

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Plaintiff,

ORDER DISMISSING CASE

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v.
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ESTATE OF GARY PRICE,
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Defendant.
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On November 11, 2013, Plaintiff CSI Construction Company filed
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its complaint in the U.S. District Court for the District of Oregon
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naming two defendants: Campbell’s Siding & Windows and Gary Price.
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ECF No. 1. On January 6, 2014, Defendants filed their answer. ECF No.
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9. On March 14, 2014, the parties agreed to transfer this case to the
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Eastern District of Washington after which discovery commenced. ECF
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No. 13. On July 10, 2015, the Court received notice that Defendant
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Gary Price died. ECF No. 31. The Court struck all deadlines and the
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trial date. ECF No. 31. On September 24, 2015, Plaintiff filed a
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motion to substitute the Estate of Gary Price in as a defendant
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arguing that the death of Mr. Price did not extinguish the claims.
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ECF No. 35. The Court granted the motion, removed Gary Price as a
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defendant,

and

substituted

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ORDER DISMISSING CASE - 1

the

Estate

of

Gary

Price

in

as

a

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defendant. ECF No. 37. The Court ordered that Plaintiff serve the

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Court’s order on the Estate of Gary Price, which it did. Id.

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On February 12, 2016, the Plaintiff and Defendant Campbell’s

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Siding & Windows reached a settlement and stipulated to dismissal of

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the case against Campbell’s Siding & Windows. The Court granted the

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stipulation and dismissed Campbell’s Siding & Windows as a defendant

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in this matter.

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On

March

7,

2016,

Plaintiff

filed

a

notice

of

voluntary

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dismissal. ECF No. 41. Because Defendant Estate of Gary Price never

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filed an answer or motion for summary judgment, pursuant to Federal

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Rule of Civil Procedure 41(a), Plaintiff may dismiss this action

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without a Court order. Therefore, consistent with Plaintiff’s notice

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and Federal Rule of Civil Procedure 41(a), IT IS HEREBY ORDERED:

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1.

41, is GRANTED.

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Plaintiff’s Notice of Dismissal Without Prejudice, ECF No.

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All

claims

are

DISMISSED

WITHOUT

PREJUDICE,

with

all

parties to bear their own costs and attorneys’ fees.

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3.

All pending motions are DENIED AS MOOT.

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4.

All hearings and other deadlines are STRICKEN.

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5.

The Clerk’s Office is directed to CLOSE this file.

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IT IS SO ORDERED.

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The Clerk’s Office is directed to enter this

Order and provide copies to all counsel.
DATED this

8th

day of March 2016.

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s/Edward F. Shea
EDWARD F. SHEA
Senior United States District Judge

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Q:\EFS\Civil\2014\5035.ord.grant.dismissal.lc2.docx

ORDER DISMISSING CASE - 2