Dacumos v. Toyota Motor Credit Corporation et al

Filing 76

ORDER granting 74 Stipulated Motion to Dismiss Certain Parties and Claims With Prejudice. Plaintiff's claims against Defendant Patenaude & Felix, A.P.C. are hereby dismissed with prejudice; All of the counterclaims alleged by counterclaim plaintiff Patenaude & Felix, A.P.C. against counterclaim defendant Caren Rose Dacumos are dismissed with prejudice; Patenaude & Felix, A.P.C. is hereby dismissed with prejudice for all purposes as a party. Signed by Judge Ricardo S Martinez. (PM)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON AT SEATTLE

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CAREN ROSE DACUMOS,
No. 2:17-cv-00964-RSM
Plaintiff,

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ORDER ON STIPULATED MOTION TO
DISMISS CERTAIN CLAIMS AND
PARTIES WITH PREJUDICE

vs.
TOYOTA MOTOR CREDIT
CORPORATION, a California Corporation;
and PATENAUDE & FELIX, A.P.C., a
California Professional Corporation,

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Defendants.

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THIS MATTER, having come before the Court on a Stipulated Motion to Dismiss Certain
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Parties and Claims With Prejudice;
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AND THE COURT having reviewed certain records and files of this case, specifically
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the Parties’ pleadings, (Dkt 52, 62), the Court’s recent Order on motions to dismiss, (Dkt 72),
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and the Stipulated Motion to Dismiss Certain Parties and Claims With Prejudice, and;
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AND THE COURT being advised that Plaintiff Caren Rose Dacumos and Defendant
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Patenaude & Felix, A.P.C. each mutually agree to release all claims for damages that each Party
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to this Agreement has against the other, that each denies the claims of the other, that no payment
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has been made to resolve the matter, and that dismissal will be without an award of fees or costs
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to either party.
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NOW, THEREFORE, IT IS ORDERED that Stipulated Motion to Dismiss Certain
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Parties and Claims With Prejudice is hereby GRANTED.
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ORDER ON STIPULATED MOTION TO DISMISS
CLAIMS AND PARTIES WITH PREJUDICE - 1
2:17-cv-00964-RSM
Dacumos C17-964RSM.Order Stip. Dismissal.docx

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1.

All of the claims alleged by plaintiff Caren Rose Dacumos against Defendant

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Patenaude & Felix, A.P.C. in her Amended Complaint, (Dkt 52), are hereby dismissed with
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prejudice;
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2.

All of the counterclaims alleged by counterclaim plaintiff Patenaude & Felix,

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A.P.C. against counterclaim defendant Caren Rose Dacumos in its Answer, Affirmative
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Defenses, and Counterclaims, (Dkt 62), are hereby dismissed with prejudice.
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3.

Patenaude & Felix, A.P.C. is hereby dismissed with prejudice for all purposes as

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a party from the above-captioned lawsuit.
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4.

The dismissal of these two parties’ and claims is made without an award of fees

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or costs to either Plaintiff Caren Rose Dacumos and Defendant Patenaude & Felix, A.P.C., and
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Plaintiff Caren Rose Dacumos and Defendant Patenaude & Felix, A.P.C. shall each bear their
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own costs and fees.
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5.

This Order has no effect on any claims between plaintiff Caren Rose Dacumos

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and defendant Toyota Motor Credit Corporation, for purposes of any past Orders of this Court,
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present disputes, or subsequent appeal.
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ENTERED this 15th day of May, 2018.
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A

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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ORDER ON STIPULATED MOTION TO DISMISS
CLAIMS AND PARTIES WITH PREJUDICE - 2
2:17-cv-00964-RSM
Dacumos C17-964RSM.Order Stip. Dismissal.docx