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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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 6 7 PICTURE PERFECT FILM ASSETS, 8 9 10 11 Plaintiff, C16-1893 TSZ v. THE MacLAREN ART CENTER, et al., MINUTE ORDER Defendants. 12 13 The following Minute Order is made by direction of the Court, the Honorable Thomas S. Zilly, United States District Judge: 14 (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 15 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 16 the initial disclosure deadline, docket no. 77, are STRICKEN as moot. 17 (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. 21 (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 23 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. 5 6 (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. 7 William M. McCool Clerk 8 9 s/Karen Dews Deputy Clerk 10 11 12 13 14 15 16 17 18 19 20 21 22 23 MINUTE ORDER - 2

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