Anderson v. Domino's Pizza, Inc. et al

Filing 123

ORDER granting 107 Defendant Call-Em-All's Motion for Summary Judgment; DENYING Defendant Four Our Families Motion to Strike 115 . Signed by Judge Ronald B. Leighton.(DN)

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HONORABLE RONALD B. LEIGHTON

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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CAROLYN ANDERSON,

CASE NO. C11-0902RBL

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Plaintiff,

ORDER

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v.
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FOUR OUR FAMILIES, INC. and
CALL-EM-ALL, LLC,,

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Defendant.

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THIS MATTER is before the Court on Call-Em-All, LLC’s (CEA) Motion for Summary
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Judgment [Dkt. #107] and related thereto Four Our Families, Inc.’s (FOFI) Motion to Strike
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Exhibit 6 [Dkt. #115]. The Court has reviewed the materials filed in favor and in opposition to
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said motions and for the reasons stated in open court on September 14, 2012, hereby rules as
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follows:
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1. The Motion to Strike [Dkt. #115] is DENIED. The e-mail is in no way protected by
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Attorney-Client Privilege or Attorney Work Product Privilege. The e-mail is an
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Admission by a Party-Opponent and is properly considered by the Court.
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2. The Motion for Summary Judgment [Dkt. #107] is GRANTED. The Terms and
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Conditions were accepted by Michael Brown of FOFI. The Terms and Conditions
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ORDER - 1

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contained the indemnity provision that CEA seeks to enforce. That indemnity

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provides as follows:

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You agree to indemnify, defend and hold harmless Call-Em-All, its
officers, directors, owners, employees, agents, other Service
Providers, vendors or customers from and against all losses,
liabilities, expenses, damages and costs, including reasonable
attorneys’ fees resulting from any violation of the User Agreement
by you or any harm you may cause to anyone. You agree and we
reserve the right, at your expense, to assume the exclusive defense
and control of any matter otherwise subject to indemnification by
you. [ECF Doc. # 107-2 at p. 61, ¶25].

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3. Call-Em-All did not tender the defense to FOFI.

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Therefore, the Court enters judgment in favor of Call-Em-All, LLC against Four Our

10 Families, Inc., the sum of $5,000, the sum paid by Call-Em-All, LLC to settle the claims of the
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Dated this 14th day of September, 2012.

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A

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Ronald B. Leighton
United States District Judge

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ORDER - 2