Trader Joe's Company v. Hallatt et al

Filing 134

ORDER granting Plaintiff's 121 SEALED MOTION to Voluntary Dismissal; finding as moot Defendant Michael Norman Hallatt 119 SEALED MOTION to for Leave to File Counterclaim, 123 SEALED MOTION to Unseal Case Documents; this matter will be DISMISSED with prejudice, signed by Judge Marsha J. Pechman. (SWT)

1
2
3
4
5
6
7
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

8
9
10

TRADER JOE'S COMPANY,
Plaintiff,

11

ORDER ON MOTION FOR
VOLUNTARY DISMISSAL

v.

12
13

CASE NO. C13-768 MJP

MICHAEL NORMAN HALLATT,
Defendant.

14
15
16

The above-entitled Court, having received and reviewed:

17

1.

18

2. Defendant’s Response to Plaintiff’s Motion for Voluntary Dismissal (Dkt. No. 124);

19

3. Plaintiff’s Reply in Support of Motion for Voluntary Dismissal (Dkt. No. 125);

20

all attached declarations and exhibits, and relevant portions of the record, rules as follows:

21
22

Plaintiff’s Motion for Voluntary Dismissal (Dkt. No. 121);

IT IS ORDERED that the motion is GRANTED; this matter is DISMISSED with
prejudice.

23
24

ORDER ON MOTION FOR VOLUNTARY DISMISSAL - 1

1
2
3

IT IS FURTHER ORDERED that any pending motions in the matter are STRICKEN as
moot.
Plaintiff has moved for a voluntary dismissal with prejudice of its claims against

4

Defendant. “A district court should grant a motion for voluntary dismissal of its claims under

5

Rule 41(a)(2) unless a defendant can show that it will suffer some plain legal prejudice as a

6

result.” Smith v. Lenches, 263 F.3d 972, 975 (9th Cir. 2001).

7

Defendant has indicated that he does not oppose the granting of Plaintiff’s motion,

8

conceding that he “will suffer no legal prejudice from the dismissal of Plaintiff’s claims with

9

prejudice.” (Dkt. No. 124, Response at 3; emphasis in original). The Court notes that there are

10

currently other motions pending in this matter (Defendant’s Motion for Leave to File a

11

Counterclaim, Dkt. No. 119; and his Motion to Unseal, Dkt. No. 123) which will be rendered

12

moot by the dismissal of Plaintiff’s claims, but finds that Defendant will suffer no legal prejudice

13

thereby. Those pending motions will be terminated.

14
15

Pursuant to Plaintiff’s request and Defendant’s non-opposition, the motion will be
GRANTED and this matter will be DISMISSED with prejudice.

16
17

The clerk is ordered to provide copies of this order to Defendant and to all counsel.

18

Dated: November 17, 2017.

20

A

21

Marsha J. Pechman
United States District Judge

19

22
23
24

ORDER ON MOTION FOR VOLUNTARY DISMISSAL - 2