Rockin Artwork, LLC v. Bravado, Inc et al

Filing 129

ORDER OF DISMISSAL by U.S. District Judge John C Coughenour granting Plaintiff Rockin's 125 motion to dismiss claims; the Hendrix Defendants' 122 motion is granted as to their request for sanctions and otherwise dismissed as moot; d enying Rockin's 127 motion for relief from deadline; and dismissing as moot Rockin's 126 motion to stay. All remaining claims in this case are DISMISSED with prejudice. The Clerk is DIRECTED to statistically close this case. Upon resolution of all Defendants' fees and costs, this case will be closed. (PM)

THE HONORABLE JOHN C. COUGHENOUR

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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ROCKIN ARTWORK, LLC,

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Plaintiff,

CASE NO. C15-1492-JCC
ORDER OF DISMISSAL

v.
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BRAVADO INTERNATIONAL GROUP
MERCHANDISING SERVICES, INC., a
California corporation; AUTHENTIC
HENDRIX, LLC, a Washington limited
liability company; and EXPERIENCE
HENDRIX, LLC, a Washington limited
liability company,

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Defendants.

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This matter comes before the Court on the Hendrix Defendants’ motion for summary

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judgment and sanctions (Dkt. No. 122) and Plaintiff Rockin Artwork’s motion to dismiss its

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remaining claims (Dkt. No. 125), motion to stay (Dkt. No. 126), and motion for relief from
deadline (Dkt. No. 127).
On January 17, 2017, the Hendrix Defendants moved for summary judgment dismissal of
all remaining claims in this case. (Dkt. No. 122.) Shortly thereafter, Rockin moved to voluntarily

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dismiss its claims, recognizing that, “based on this Court’s prior rulings, Rockin will not be able

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to successfully prosecute any of the remaining claims.” (Dkt. No. 125 at 1.) The Court agrees

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with Rockin that dismissal is the best use of party and Court resources. Accordingly, the Court

ORDER OF DISMISSAL
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1 GRANTS Rockin’s motion to dismiss (Dkt. No. 125). All remaining claims in this case are
2 DISMISSED with prejudice.
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In addition, the Court GRANTS the Hendrix Defendants’ motion for fees and costs as a

4 sanction for Rockin’s conduct. (See Dkt. No. 122 at 4.) The Court ORDERS both Rockin and its
5 counsel to pay the Hendrix Defendants’ reasonable expenses, including attorney fees, in bringing
6 its motion for summary judgment and sanctions. The Hendrix Defendants shall submit an
7 accounting of its expenses within 14 days of this order.
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Rockin also seeks relief from its January 19 deadline to pay the fees and costs associated

9 with Defendants’ motions to compel. (Dkt. No. 127 at 1; see also Dkt. No. 119 at 1-2.) Citing
10 financial hardship, Rockin would like this deadline suspended while it appeals this Court’s
11 orders. (Dkt. No. 127 at 1.) This motion is DENIED. If Rockin appeals, the practical effect is
12 that its payment requirement will be tolled pending the outcome of the appeal. While interest
13 may be incurred, that is the risk Rockin takes in continuing to pursue this case.
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In sum, Rockin’s motion to dismiss claims (Dkt. No. 125) is GRANTED; the Hendrix

15 Defendants’ motion (Dkt. No. 122) is GRANTED as to their request for sanctions and otherwise
16 DISMISSED as moot; Rockin’s request for relief from deadline (Dkt. No. 127) is DENIED; and
17 Rockin’s motion to stay (Dkt. No. 126) is DISMISSED as moot. All remaining claims in this
18 case are DISMISSED with prejudice. The Clerk is DIRECTED to statistically close this case.
19 Upon resolution of all Defendants’ fees and costs, this case will be closed.
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ORDER OF DISMISSAL
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DATED this 18th day of January 2017.

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A

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John C. Coughenour
UNITED STATES DISTRICT JUDGE

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ORDER OF DISMISSAL
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