Lewinski v. Kohl's Department Stores, Inc.

Filing 31

MINUTE ORDER Granting Defendant Li & Fung's 25 Motion to Dismiss; Granting Plaintiff's 27 Motion re status of manufacturer by Judge Thomas S. Zilly. Remaining parties are DIRECTED to file an updated Joint Status Report within twenty-one (21) days of the date of this Minute Order. (LMK)

1
2
3
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

4
5
6

DANIEL LEWINSKI,
Plaintiff,

7
8
9

C13-1695 TSZ

v.
KOHL’S DEPARTMENT STORES,
INC., et al.,

10

MINUTE ORDER

Defendants.

11

The following Minute Order is made by direction of the Court, the Honorable
12 Thomas S. Zilly, United States District Judge:
(1)
Pursuant to the parties’ Joint Status Report, docket no. 24, indicating that
plaintiff is unable to effect service of process on defendant Tasia International Co., Ltd.
(“Tasia”), plaintiff’s claims against Tasia are hereby DISMISSED without prejudice
14
pursuant to Federal Rule of Civil Procedure 41(a)(2).
13

15

(2)
Defendant Li & Fung, Ltd.’s unopposed motion to dismiss, docket no. 25,
is GRANTED, and plaintiff’s claims against Li & Fung, Ltd. are hereby DISMISSED
16 without prejudice, pursuant to Federal Rule of Civil Procedure 12(b)(2), for lack of
personal jurisdiction.
17
(3)
Plaintiff’s unopposed motion to have defendant Kohl’s Department Stores,
18 Inc. (“Kohl’s”) be deemed to have the status of a manufacturer, in addition to a product
seller, docket no. 27, is GRANTED. For purposes of a claim under Washington’s
19 Product Liability Act (“WPLA”), a product seller is deemed to have the status of a
manufacturer if inter alia “[n]o solvent manufacturer who would be liable to the claimant
20 is subject to service of process under the laws of . . . the state of Washington.”
RCW 7.72.040(2)(a). The remaining parties agree that the manufacturer (Tasia) and
21 distributor (allegedly Li & Fung, Ltd.) of the decorative hourglass that caused plaintiff’s
injuries are not subject to service of process under Washington law. As a result, Kohl’s
22 assumes the status of a manufacturer with respect to plaintiff’s claims under the WPLA.
23
MINUTE ORDER - 1

1

(4)
The remaining parties are DIRECTED to file an updated Joint Status
Report within twenty-one (21) days of the date of this Minute Order, indicating when this
2 matter will be ready for trial and updating the information provided in the Joint Status
Report filed on November 25, 2013, docket no. 12.
3
(5)
The Clerk is directed to send a copy of this Minute Order to all counsel of
4 record.
5

Dated this 6th day of August, 2014.
William M. McCool
Clerk

6
7

s/Claudia Hawney
Deputy Clerk

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
MINUTE ORDER - 2