Hodjera et al v. BASF Catalysts, LLC et al

Filing 221

ORDER granting plaintiffs' motions for reconsideration, dkt. ## 200 , 201 , 202 ; the Court hereby clarifies that their claims should have been dismissed without prejudice, signed by Judge Robert S. Lasnik. (SWT)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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MATTHEW HODJERA and SYLVIA
HODJERA,

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Plaintiffs,
v.

Case No. C17-48RSL
ORDER GRANTING
PLAINTIFFS’ MOTIONS
FOR RECONSIDERATION

BASF CATALYSTS LLC, et al.,
Defendants.

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This matter comes before the Court on plaintiffs’ motions for reconsideration. Dkt. ##

18 200, 201, 202. After the Court dismissed plaintiffs’ claims against several defendants for lack of
19 personal jurisdiction, the Court determined that an amended complaint did not remedy the
20 jurisdictional defects and dismissed the claims “with prejudice.” Dkt. # 186 at 3. Plaintiffs filed
21 the instant motions to reconsider that order on the limited ground that the dismissal should have
22 been without prejudice. The Court sought further briefing from the relevant defendants, and the
23 only defendant to respond does not oppose reconsideration of the Court’s order. Dkt. # 216.
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Motions for reconsideration are disfavored in this district, but will be granted upon “a

25 showing of manifest error.” LCR 7(h)(1). As plaintiffs accurately point out, dismissal for lack of
26 personal jurisdiction is not a determination on a claim’s merits. Kendall v. Overseas Dev. Corp.,
27 700 F.2d 536, 539 (9th Cir. 1983). Though the order used “dismissed with prejudice” as
28 shorthand, it should have stated that plaintiffs would not be granted further leave to amend.

ORDER GRANTING MOTIONS FOR RECONSIDERATION - 1

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For that reason, plaintiffs’ motions for reconsideration, Dkt. ## 200, 201, 202, are

2 GRANTED, and the Court hereby clarifies that their claims should have been dismissed without
3 prejudice.
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DATED this 27th day of October, 2017.

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A
Robert S. Lasnik

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United States District Judge

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ORDER GRANTING MOTIONS FOR RECONSIDERATION - 2