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)

Download PDF
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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?