Black v. Pride Mobility Products Corporation

Filing 49

MINUTE ORDER denying Plaintiff's 40 Motion for Judgment on the Pleadings and granting Plaintiff's unopposed 42 Motion to Amend Complaint. Authorized by Judge Thomas S. Zilly. (PM)

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1 2 3 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 4 5 LEA BLACK, 6 Plaintiff, 7 C15-2008 TSZ v. 8 9 PRIDE MOBILITY PRODUCTS CORPORATION, et al., Defendants. 10 11 12 MINUTE ORDER The following Minute Order is made by direction of the Court, the Honorable Thomas S. Zilly, United States District Judge: (1) Plaintiff’s motion for judgment on the pleadings, docket no. 40, is 13 DENIED. This Court cannot decide as a matter of law, if Pride branded the product pursuant to RCW 7.72.040(2) at this time. The affirmative defenses of failure to join a 14 necessary party and apportionment of fault are available to a defendant in the context of negligence claims under RCW 7.72.030(1). See Hiner v. Bridgestone/Firestone, Inc., 15 138 Wn. 2d 248, 978 P.2d 505 (1999). This Court declines to convert this 12(c) motion into a summary judgment motion because whether plaintiff is a product seller under 16 RCW 7.72.010(1) must await summary judgment. 17 18 (2) Plaintiff’s unopposed motion to amend their complaint, docket no. 42, is GRANTED. (3) 19 record. 20 The Clerk is directed to send a copy of this Minute Order to all counsel of Dated this 27th day of January, 2017. William M. McCool Clerk 21 22 s/Karen Dews Deputy Clerk 23 MINUTE ORDER - 1

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