Brown v. Kirby Offshore Marine Pacific, LLC

Filing 27

ORDER granting 26 Stipulated Motion of dismissal signed by Judge Ricardo S Martinez.(RS)

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The Honorable Ricardo S. Martinez

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UNITED STATES DISTRICT COURT

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FOR THE WESTERN DISTRICT OF WASHINGTON

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AT SEATTLE

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TRACY BROWN,

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Plaintiff, )
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vs.
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KIRBY OFFSHORE MARINE PACIFIC,
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LLC, a Washington Limited Liability
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Company; Does 1-20,
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Defendants. )
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GEOGRAPHIC FISHERIES, LLC,
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Intervenor-Plaintiff, )
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vs.
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KIRBY OFFSHORE MARINE PACIFIC,
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LLC, a Washington Limited Liability
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Company; Does 1-20
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Defendant Counterclaimant.)

Case No. 2:16-cv-00736-RSM
STIPULATED MOTION AND ORDER OF
DISMISSAL WITH PREJUDICE AS TO
ALL PENDING CLAIMS

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Case No.: 2:16-CV-00736-RSM
STIPULATED MOTION AND ORDER OF DISMISSAL WITH
PREJUDICE AS TO ALL PENDING CLAIMS - 1

KEESAL, YOUNG & LOGAN
1301 FIFTH AVENUE, SUITE 3100
SEATTLE, WASHINGTON 98101
[phone]

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KIRBY OFFSHORE MARINE PACIFIC,
LLC, a Washington Limited Liability
Company,

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Third-Party Plaintiff, )
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vs.
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SILVER BAY SEAFOODS, LLC
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Third-Party Defendant.)
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MOTION AND STIPULATION
COME NOW Plaintiff Tracy Brown (“Brown”), through his counsel Anthony M. Urie;

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Intervenor-Plaintiff Geographic Fisheries, LLC (“Geographic”), through its counsel Robert

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Kehoe; Defendant/Counterclaimant/Third-Party Plaintiff Kirby Offshore Marine Pacific, LLC

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(“Kirby”), through its counsel Valerie I. Holder and Philip Lempriere; and Third-Party

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Defendant Silver Bay Seafoods, LLC (“Silver Bay”), through its counsel Robert Kehoe,

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(collectively referred to as the “Parties”) and hereby move to dismiss with prejudice all claims

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pending against each party.

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The Parties reached a settlement and agree to the following motion requesting dismissal
of this matter with prejudice.

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DISMISSAL WITH PREJUDICE

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In accordance with Fed. R. Civ. P. 41, the Parties request that the Court direct the Clerk

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to enter a judgment of dismissal with prejudice and without an award of attorneys’ fees or costs

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to any Party as to (1) Brown’s claims pending against Kirby; (2) Geographic’s claims pending

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against Kirby; (3) Kirby’s counterclaims pending against Geographic; and (3) Kirby’s third-party

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claims pending against Silver Bay.

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Dated: June 27, 2017

/s/ Anthony M. Urie
ANTHONY M. URIE, WSBA No. 11711
Attorney for Plaintiff

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Case No.: 2:16-CV-00736-RSM
STIPULATED MOTION AND ORDER OF DISMISSAL WITH
PREJUDICE AS TO ALL PENDING CLAIMS
-2

KEESAL, YOUNG & LOGAN
1301 FIFTH AVENUE, SUITE 3100
SEATTLE, WASHINGTON 98101
[phone]

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Dated: June 27, 2017

/s/ Valerie I. Holder
PHILIP R. LEMPRIERE, WSBA No. 20304
VALERIE I. HOLDER, WSBA No. 42968
Attorneys for Defendant, Defendant
Counterclaimant, and Third-Party Plaintiff

Dated: June 27, 2017

/s/ Robert F. Kehoe
ROBERT F. KEHOE, WSBA No. 21873
BRIAN C. ZUANICH, WSBA No. 43877
Attorneys for Intervenor-Plaintiff
Geographic Fisheries, Inc. and
Third-Party Defendant
Silver Bay Seafoods, LLC

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ORDER

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The Court has reviewed the Stipulation, above.

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IT IS ORDERED, ADJUDGED, AND DECREED that this matter is DISMISSED WITH

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PREJUDICE and that all Parties shall bear their own costs and attorney fees.
AND IT IS FURTHER ORDERED that the following are all DISMISSED WITH

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PREJUDICE: (1) the original complaint, Tracy Brown v. Kirby Offshore Marine Pacific, LLC;

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(2) the complaint by Intervenor, Geographic Fisheries, LLC v. Kirby Offshore Marine Pacific,

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LLC; (3) the crossclaims by Kirby Offshore Marine Pacific, LLC against Geographic Fisheries,

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LLC; and (4) the third-party complaint by Kirby Offshore Marine Pacific, LLC v. Silver Bay

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Seafoods, LLC .

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This case is now CLOSED.

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DATED this 28 day of June, 2017.

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A

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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Agreed for entry;
Presented through stipulation by:
/s/ Anthony M. Urie
Attorney for Plaintiff
Tracy Brown
Case No.: 2:16-CV-00736-RSM
STIPULATED MOTION AND ORDER OF DISMISSAL WITH
PREJUDICE AS TO ALL PENDING CLAIMS
-3

KEESAL, YOUNG & LOGAN
1301 FIFTH AVENUE, SUITE 3100
SEATTLE, WASHINGTON 98101
[phone]

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/s/ Valerie I. Holder
Attorneys for Defendant, Counterclaimant,
and Third-Party Plaintiff
Kirby Offshore Marine Pacific, LLC

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/s/ Robert F. Kehoe
Attorneys for Intervenor-Plaintiff
Geographic Fisheries, Inc. and
Third-Party Defendant
Silver Bay Seafoods, LLC

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Case No.: 2:16-CV-00736-RSM
STIPULATED MOTION AND ORDER OF DISMISSAL WITH
PREJUDICE AS TO ALL PENDING CLAIMS
-4

KEESAL, YOUNG & LOGAN
1301 FIFTH AVENUE, SUITE 3100
SEATTLE, WASHINGTON 98101
[phone]