Pankey v. Dominator Fisheries, LLC et al

Filing 16

ORDER DIRECTING DEFENDANTS TO FILE ANSWER OR RESPONSIVE PLEADING by Hon. Brian A Tsuchida. Defendants shall file an answer or responsive pleading by October 4, 2017.(AE)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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BRETT PANKEY,

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Plaintiff,

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v.

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DOMINATOR FISHERIES LLC, in
personam and F/V ISLE DOMINATOR
(Official Number 1246391), in rem,

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CASE NO. 2:17-cv-164-BAT
ORDER DIRECTING
DEFENDANTS TO FILE ANSWER
OR RESPONSIVE PLEADING

Defendants.

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Plaintiff Brett Pankey filed a complaint in admiralty, in personam and in rem for wages

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and punitive damages. Dkt. 1. Notices of appearance “solely for the limited purposes of

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contesting” [subject matter and personal] jurisdiction, venue, sufficiency of process and service

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of process, and failure to state a claim, were entered on behalf of Defendants Dominator

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Fisheries LLC and F/V Isle Dominator on June 15, 2017 and September 4, 2017. Dkts. 10 and

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11.1 On September 20, 2017, the Honorable Marsha J. Pechman reassigned this case to the

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undersigned based on the parties’ consent to proceed before a United States Magistrate Judge

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pursuant to 28 U.S.C. § 636(c). Dkts. 14 and 15.

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Also pending, but not yet ripe for consideration, is Plaintiff’s motion to recoup expenses and
fees relating to service. Dkt. 13.
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ORDER DIRECTING DEFENDANTS TO
FILE ANSWER OR RESPONSIVE
PLEADING - 1

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In their Joint Status Report, the parties identified “defendants’ challenge to jurisdiction

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/venue” as the only complexity in moving this case forward. Dkt. 14. To date, no answer or

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responsive pleading has been filed. The Court sees no purpose in issuing a scheduling order if in

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fact, jurisdiction or venue are not proper in this district. Therefore, it is ORDERED:

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1.

Defendants shall file an answer or responsive pleading by October 4, 2017. If

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Defendants choose to file a motion to dismiss in lieu of an answer, they shall note the motion for

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hearing for the fourth Friday after filing and service of the motion pursuant to Local Rule

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7(d)(3). Any opposition papers shall be filed and served no later than the Monday before the

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noting date. Any reply papers shall be filed and served no later than the noting date.

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2.

The Clerk shall send a copy of this Order to the parties.

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DATED this 21st day of September, 2017.

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A

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BRIAN A. TSUCHIDA
United States Magistrate Judge

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ORDER DIRECTING DEFENDANTS TO
FILE ANSWER OR RESPONSIVE
PLEADING - 2