Christopher v. Ford Motor Company Inc et al

Filing 79

ORDER denying #45 Motion to Dismiss First Amended Complaint, signed by Judge Robert S. Lasnik. (KERR)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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CARREA CHRISTOPHER,
Plaintiff,
v.
FORD MOTOR COMPANY, INC.,

Case No. 2:17-CV-738-RSL
ORDER DENYING
DEFENDANT’S MOTION
TO DISMISS FIRST
AMENDED COMPLAINT

Defendant.
This matter comes before the Court on defendant Ford Motor Company, Inc.’s “Motion

16 to Dismiss First Amended Complaint under FRCP 12(b)(2) and (3).” Dkt. #45. Defendant
17 requested that plaintiff’s First Amended Complaint (“FAC”) be dismissed for lack of personal
18 jurisdiction over defendant and improper venue. See Fed. R. Civ. P. 12(b). Plaintiff filed a
19 response on May 11, 2018. Dkt. #59. In its reply, defendant conceded that “the facts alleged for
20 the first time in Plaintiff’s Response, if alleged in the Complaint, would be sufficient to establish
21 specific personal jurisdiction over Ford.” Defendant’s counsel accordingly contacted plaintiff on
22 May 17, 2018, and offered to withdraw its pending motion upon the filing of a stipulation
23 allowing plaintiff leave to file a second amended complaint containing the additional
24 jurisdictional facts. Dkt. #61.
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A stipulated motion to file a second amended complaint was filed on May 31, 2018. Dkt.
#63. The parties also stipulated that defendant would “not assert any defense based on lack of
personal jurisdiction or improper venue.” Id. at 1. The stipulated motion was granted on

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ORDER DENYING MOTION TO DISMISS- 1

1 September 4, 2018, Dkt. #64, and plaintiff’s Second Amended Complaint was filed on
2 September 11, 2018. Dkt. 65. Defendant filed its Answer on September 13, 2018. Dkt. #66.
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Defendant’s motion to dismiss plaintiff’s FAC is therefore DENIED as moot.

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DATED this 6th day of February, 2019.

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A
Robert S. Lasnik

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United States District Judge

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ORDER DENYING MOTION TO DISMISS- 2