Picture Perfect Film Assets, LLC v. The McLaren Art Center et al
Filing
96
MINUTE ORDER dismissing with prejudice plaintiff's claims against Paddon + Yorke, Inc. pursuant to parties' 95 Stipulation ; striking as moot P+Y's 66 Motion to Dismiss ; striking as moot P+Y's 77 Motion for Clarification ; granting Plaintiff's 88 Motion for Default against William Moore ; Default is ENTERED against William Moore ; denying without prejudice Plaintiff's 89 Motion for Default against Gordon Arnold ; denying without prejudice Plaintiff's 90 Motion for Default against D'Airain Corporation. Authorized by Judge Thomas S. Zilly. (SWT) (Paddon and Yorke, Inc. terminated.)
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
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PICTURE PERFECT FILM ASSETS,
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Plaintiff,
C16-1893 TSZ
v.
THE MacLAREN ART CENTER,
et al.,
MINUTE ORDER
Defendants.
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The following Minute Order is made by direction of the Court, the Honorable
Thomas S. Zilly, United States District Judge:
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(1)
Pursuant to the stipulation, docket no. 95, between plaintiff Picture Perfect
Film Assets and defendant Paddon + Yorke Inc. (“P+Y”), plaintiff’s claims against P+Y
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are DISMISSED with prejudice and without costs. P+Y’s motions to dismiss the Third
Amended Complaint, docket no. 66, and to clarify whether it is subject to discovery and
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the initial disclosure deadline, docket no. 77, are STRICKEN as moot.
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(2)
Plaintiff’s motion for default against William Moore, docket no. 88, is
GRANTED. Although no return receipt has been filed in connection with the Clerk’s
18 mailing of summons and the Third Amended Complaint to William Moore, see docket
entry dated November 27, 2017; see also Fed. R. Civ. P. 4(f)(2)(C)(ii), plaintiff has
19 submitted proof of personal service signed under penalty of perjury by Mervyn Archdall,
see Notice (docket no. 85), and the Court is satisfied that service has been effected on
20 William Moore. Default is hereby ENTERED against William Moore.
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(3)
Plaintiff’s motions for default against Gordon Arnold and D’Airain
Corporation, docket nos. 89 and 90, are DENIED without prejudice. The summonses and
22 copies of the Third Amended Complaint sent by the Clerk via certified mail to Gordon
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MINUTE ORDER - 1
1 Arnold and D’Airain Corporation were returned to the Court, marked unclaimed. See
docket nos. 74 and 78. Plaintiff has attempted to personally serve Gordon Arnold and
2 D’Airain Corporation, but the best the process server could accomplish was to leave an
envelope on the front porch at 2706 Bayview Avenue in Toronto, Ontario, Canada, and
3 then observe on a later date that the envelope had been removed. See Archdall Affs.
(docket nos. 86 & 87). The Court is not satisfied that service has been effected on
4 Gordon Arnold and D’Airain Corporation.
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(4)
record.
The Clerk is directed to send a copy of this Minute Order to all counsel of
Dated this 2nd day of March, 2018.
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William M. McCool
Clerk
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s/Karen Dews
Deputy Clerk
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MINUTE ORDER - 2
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