Linehan v. AllianceOne Receivables Management, Inc.

Filing 367

ORDER granting Defendant King County's 337 Motion for Summary Judgment; dismissing King County with prejudice from each of these consolidated cases; terminating King County as a party in this case, by U.S. District Judge John C Coughenour. (SWT)

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THE HONORABLE JOHN C. COUGHENOUR 1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 9 10 TIMOTHY LINEHAN, on behalf of Plaintiff and a class, Plaintiff, 11 14 ALLIANCEONE RECEIVABLES MANAGEMENT, INC., Defendant. 15 16 ORDER GRANTING SUMMARY JUDGMENT v. 12 13 CASE NO. C15-1012-JCC This matter comes before the Court on the motion for summary judgment dismissal by 17 Defendant King County (Dkt. No. 337). The Court shall grant summary judgment if the moving 18 party shows that there is no genuine dispute as to any material fact and that the moving party is 19 entitled to judgment as a matter of law. Fed. R. Civ. P. 56(a). 20 King County was joined as a Defendant in these consolidated cases based on Plaintiffs’ 21 challenge to the validity of a King County District Court general administrative order (GAO). 22 (Dkt. No. 162 at 15-16.) Based on this Court’s determination that the GAO was preempted, (see 23 Dkt. No. 26 at 3-4), the King County District Court rescinded the GAO and is no longer 24 enforcing its provisions. (Dkt. No. 337 at 5; Dkt. No. 338 at 3; Dkt. No. 338-1 at 5.) King 25 County thus seeks to be dismissed from this case because it no longer has interest in the GAO 26 and no party has requested relief against King County. (Dkt. No. 337 at 1, 5.) PAGE - 1 1 Plaintiffs do not oppose King County’s motion, provided that it confirms it does not 2 intend to resume the challenged practice of using GAOs to assign civil collection cases of certain 3 debt collection agencies and collection attorneys to particular divisions of the King County 4 District Court. (Dkt. No. 360 at 2.) In reply, King County submits a declaration from Presiding 5 Judge Donna Tucker, who states: “As District Court Presiding Judge, I can confirm that the 6 District Court has no present intention of adopting another GAO that would conflict with the 7 current venue requirements of the FDCPA.” (Dkt. No. 366 at 2.) 8 Accordingly, King County’s motion for summary judgment (Dkt. No. 337) is 9 GRANTED. King County is DISMISSED with prejudice from each of these consolidated cases. 10 The Clerk is directed to TERMINATE King County as a party in this case. 11 DATED this 11th day of April 2017. 12 13 14 A 15 16 17 John C. Coughenour UNITED STATES DISTRICT JUDGE 18 19 20 21 22 23 24 25 26 ORDER GRANTING SUMMARY JUDGMENT PAGE - 2

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