Boule v. Egbert et al

Filing 151

ORDER re: parties' 150 Stipulated Motion for Dismissal of Certain Claims. IT IS ORDERED that the following claims are DISMISSED with prejudice under FRCP 41 without an award of fees or costs to any party: Agent Egbert's anti- SLAPP co unterclaim, Mr. Boule's Fourteenth Amendment claim, Mr. Boule's negligence claim, and Mr. Boule's claim for an award of attorney's fees and costs under 42 U.S.C. § 1988 and 28 U.S.C. § 2412(b). Plaintiff's Motion for Summary Judgment on Anti-SLAPP Counterclaim (Dkt. # 97 ) is STRICKEN AS MOOT. Signed by Judge Ricardo S. Martinez. (PM)

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UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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ROBERT BOULE,
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No. 2:17-cv-00106-RSM
Plaintiff,

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STIPULATED MOTION AND ORDER OF
DISMISSAL OF CERTAIN CLAIMS

v.
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ERIK EGBERT and JANE DOE EGBERT
and their marital community,
Defendants.

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ERIK EGBERT,
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Counterclaimant,
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v.
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ROBERT BOULE,
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Counterdefendant.
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STIPULATED MOTION
It is hereby stipulated by all parties that the following claims should be dismissed with
prejudice under FRCP 41 without an award of fees or costs to any party:

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Agent Egbert’s anti-SLAPP counterclaim;

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Mr. Boule’s Fourteenth Amendment claim;

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LAW OFFICES OF

STIPULATED ORDER OF DISMISSAL
OF CERTAIN CLAIMS (No. 2:17-cv-00106-RSM) - 1

MILLS MEYERS SWARTLING P.S.
1000 SECOND AVENUE, 30TH FLOOR
SEATTLE, WASHINGTON 98104
TELEPHONE [phone]
FACSIMILE [phone]

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Mr. Boule’s negligence claim; and

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Mr. Boule’s claim for an award of attorney’s fees and costs under 42 U.S.C. § 1988

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and 28 U.S.C. § 2412(b).

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Agent Egbert hereby strikes as moot the relevant sections from his pending Motion for

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Summary Judgment, (Dkt. 102 at 19–20, 21–24), and Mr. Boule hereby strikes as moot his

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pending Motion for Summary Judgment on Anti-SLAPP Counterclaim, (Dkt. 97). The parties

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jointly request that the Court enter the Order of Dismissal below.

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DATED: August 2, 2018

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PAUKERT & TROPPMANN, PLLC
Attorneys for Plaintiff

MILLS MEYERS SWARTLING P.S.
Attorneys for Agent Erik Egbert

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By: s/Breean L. Beggs per 8/1/2018 e-mail By: s/Nikki C. Carsley
authority
Geoffrey Grindeland, WSBA No. 35798
Breean L. Beggs, WSBA No. 20795
Nikki C. Carsley, WSBA No. 46650
Paukert & Troppmann, PLLC
Mills Meyers Swartling P.S.
522 W Riverside Ave, Ste 560
1000 2nd Avenue, 30th Floor
Spokane, WA 99201
Seattle, WA 98104
Telephone: [phone]
Telephone: [phone]
Fax: [phone]
Fax: [phone]
E-mail: [e-mail]
E-mail: [e-mail]
[e-mail]

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ORDER OF DISMISSAL

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Based on the foregoing, IT IS ORDERED that the following claims are DISMISSED

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with prejudice under FRCP 41 without an award of fees or costs to any party: Agent Egbert’s

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anti-SLAPP counterclaim, Mr. Boule’s Fourteenth Amendment claim, Mr. Boule’s negligence

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claim, and Mr. Boule’s claim for an award of attorney’s fees and costs under 42 U.S.C. § 1988
and 28 U.S.C. § 2412(b).

Plaintiff’s Motion for Summary Judgment on Anti-SLAPP

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Counterclaim (Dkt. #97) is STRICKEN AS MOOT.
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LAW OFFICES OF

STIPULATED ORDER OF DISMISSAL
OF CERTAIN CLAIMS (No. 2:17-cv-00106-RSM) - 2

MILLS MEYERS SWARTLING P.S.
1000 SECOND AVENUE, 30TH FLOOR
SEATTLE, WASHINGTON 98104
TELEPHONE [phone]
FACSIMILE [phone]

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DATED: August 2, 2018

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A
RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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LAW OFFICES OF

STIPULATED ORDER OF DISMISSAL
OF CERTAIN CLAIMS (No. 2:17-cv-00106-RSM) - 3

MILLS MEYERS SWARTLING P.S.
1000 SECOND AVENUE, 30TH FLOOR
SEATTLE, WASHINGTON 98104
TELEPHONE [phone]
FACSIMILE [phone]