DiNardo v. WOW 1 DAY Painting LLC

Filing 46

ORDER dismissing Wow 1 Day Painting, LLC's counterclaims without prejudice. Clerk is directed to close this case. Signed by Judge James L. Robart. (PM)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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VAL DINARDO,

CASE NO. C16-1600JLR
Plaintiff,

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v.
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WOW 1 DAY PAINTING, LLC,
Defendant.

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ORDER DISMISSING
COUNTERCLAIMS WITHOUT
PREJUDICE

On January 23, 2018, the court issued an order granting Defendant WOW 1 Day

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Painting, LLC’s (“WOW”) motion for summary judgment and directing the parties to

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show cause why WOW’s compulsory counterclaims should not be dismissed without

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prejudice. (Order (Dkt. # 42).) On January 31, 2018, the parties responded to the court’s

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order to show cause. (WOW Resp. (Dkt. # 45); DiNardo Resp. (Dkt. # 43).) Both WOW

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and Plaintiff Val DiNardo agree that WOW’s counterclaims should be dismissed without

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prejudice. (See WOW Resp. at 2 (“WOW respectfully submits that considerations of

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judicial economy, convenience, and fairness to the litigants are served by dismissing the

ORDER - 1

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counterclaims without prejudice . . . .”); DiNardo Resp. at 5 (“[T]his Court should

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dismiss the remaining Counterclaims without prejudice.”).) Accordingly, the court

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DISMISSES WOW’s counterclaims WITHOUT PREJUDICE. 1 The court further

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DIRECTS the Clerk to close this file.

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Dated this 2nd day of February, 2018.

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A

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JAMES L. ROBART
United States District Judge

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The court makes no determination as to the appropriate forum for refiling WOW’s
counterclaims.

ORDER - 2