Campbell v. Federal Highway Administration et al

Filing 17

ORDER granting 11 Defendants' motion to dismiss without prejudice, by Judge Richard A Jones.(MD, cc to pltf)

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HONORABLE RICHARD A. JONES

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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ELIZABETH A. CAMPBELL,

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Plaintiff,

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ORDER

v.

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CASE NO. C14-454 RAJ

FEDERAL HIGHWAY
ADMINISTRATION, et al.,

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Defendants.

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This matter comes before the court on a motion to dismiss for lack of subject

21 matter jurisdiction by defendants Federal Highway Administration and Gregory Nadeau,
22 the Deputy Administrator. Dkt. # 11. On June 13, 2014, defendants City of Seattle,
23 Lynn Peterson, and the Washington State Department of Transportation filed a response
24 in support of the motion, indicating that they agree with the arguments made in the
25 motion. Dkt. # 14. On June 30, 2014, the court construed this response as a joinder in
26 the motion. Dkt. # 16. In that minute order, the court noted that plaintiff had not
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ORDER- 1

1 responded or otherwise opposed the motion to dismiss, and that it was unclear whether
2 plaintiff failed to oppose because she did not oppose the action being dismissed, or for
3 some other reason. Id. (citing Local Rules W.D. Wash. CR 7(b)(2) (“Except for motions
4 for summary judgment, if a party fails to file papers in opposition to a motion, such
5 failure may be considered by the court as an admission that the motion has merit.”).
6 Since plaintiff is proceeding pro se, the court allowed plaintiff another opportunity to
7 respond, and ordered that plaintiff respond to the motion to dismiss no later than July 25,
8 2014. Id. The court warned that if plaintiff did not respond by July 25, 2014, the court
9 would consider her non-opposition as an admission that the motion has merit, and grant
10 defendants’ motion to dismiss on that basis. Id.
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Plaintiff has not responded. Accordingly, the court GRANTS defendants’ motion,

12 and dismisses this action without prejudice.
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Dated this 28th day of July, 2014.

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A

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The Honorable Richard A. Jones
United States District Judge

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ORDER- 2