Busselman v. Battelle Memorial Institute

Filing 16

ORDER GRANTING 10 DEFENDANT'S UNOPPOSED MOTION TO DISMISS COMPLAINT WITHOUT PREJUDICE. Signed by Judge Salvador Mendoza, Jr. Case is closed. (AY, Case Administrator)

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FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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Jul 27, 2018

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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SEAN F. MCAVOY, CLERK

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ALETA BUSSELMAN,

No. 4:18-CV-05072-SMJ

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Plaintiff,
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v.
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BATTELLE MEMORIAL
INSTITUTE,

ORDER GRANTING
DEFENDANT’S UNOPPOSED
MOTION TO DISMISS
COMPLAINT WITHOUT
PREJUDICE

Defendant.

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Before the Court, without oral argument, is Defendant’s Motion to Dismiss
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for Lack of Subject Matter Jurisdiction or, Alternatively, for Failure to State a
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Claim, ECF No. 10. Defendant seeks to dismiss this case without prejudice, arguing
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Plaintiff failed to exhaust her administrative remedies. Plaintiff does not oppose the
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motion, reasoning she corrected any potential defect by filing a new civil action,
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case number 4:18-cv-05109-SMJ. Having reviewed the pleadings and the file in this
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matter, the Court is fully informed and finds good cause to grant the motion.
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Accordingly, IT IS HEREBY ORDERED:
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1.

Defendant’s Motion to Dismiss for Lack of Subject Matter Jurisdiction

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or, Alternatively, for Failure to State a Claim, ECF No. 10, is
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GRANTED.
ORDER GRANTING DEFENDANT’S UNOPPOSED MOTION TO DISMISS
COMPLAINT WITHOUT PREJUDICE - 1

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2.

All claims are DISMISSED WITHOUT PREJUDICE, with all

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parties to bear their own costs and fees unless the Court rules otherwise

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in case number 4:18-cv-05109-SMJ.

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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. The Clerk’s Office is directed to enter this Order and

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provide copies to all counsel.
DATED this 27th day of July 2018.

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SALVADOR MENDOZA, JR.
United States District Judge

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ORDER GRANTING DEFENDANT’S UNOPPOSED MOTION TO DISMISS
COMPLAINT WITHOUT PREJUDICE - 2