Venice PI, LLC v. Doe 1 et al

Filing 63

MINUTE ORDER re plaintiff's 62 Notice of Voluntary Dismissal. The Court declines to permit plaintiff to voluntarily dismiss its claim without prejudice in the absence of any proof of service of its notice of voluntary dismissal on Mr. P atterson. Plaintiff's claims against defendants Brian Hawes, Doe 9, and Yen Khun are deemed dismissed without prejudice. With regard to Mr. Patterson, plaintiff' s notice is treated as a motion to dismiss, and is NOTED for 5/24/2019. Authorized by Judge Thomas S. Zilly. (SWT) (cc: Doe 9 with Dkt. 62 ; Randy Patterson)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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VENICE PI, LLC,

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Plaintiff,

RANDY PATTERSON; BRIAN
HAWES; DOE 9; and YEN KHUN,

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MINUTE ORDER

Defendants.

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C17-1163 TSZ

v.

The following Minute Order is made by direction of the Court, the Honorable
Thomas S. Zilly, United States District Judge:
(1)
On April 22, 2019, plaintiff filed a notice of voluntary dismissal, docket
no. 62, seeking to dismiss its claims against the remaining defendants without prejudice.
In its notice of voluntary dismissal, plaintiff purported to identify an individual defendant
who was granted permission by the Court to proceed anonymously in this case. See
Minute Order (docket no. 22). Plaintiff made the same error in the caption of an earlier
filing. See Reply, docket no. 61. The Clerk has recently sealed both documents, but they
were available for public view for a sufficient time that they might have been uploaded
by private websites unrelated to and outside the control of the Court, and might now be
available to the public for a fee. See www.pacermonitor.com; www.law360.com. The
Clerk is DIRECTED to send copies of plaintiff’s notice of voluntary dismissal and this
Minute Order to Doe 9 at the address set forth in the Confidential Subscriber Information,
docket no. 26-1.

(2)
With regard to defendant Randy Patterson, who filed an objection, docket
21 no. 60, to plaintiff’s response, docket no. 59, to the Court’s Minute Order entered
October 19, 2018, docket no. 58, the Court DECLINES to permit plaintiff to voluntarily
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MINUTE ORDER - 1

1 dismiss its claim without prejudice in the absence of any proof of service of its notice of
voluntary dismissal on Mr. Patterson.
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(3)
Pursuant to plaintiff’s notice of voluntary dismissal, plaintiff’s claims
3 against defendants Brian Hawes, Doe 9, and Yen Khun are deemed dismissed without
prejudice. With regard to Mr. Patterson, plaintiff’s notice is treated as a motion to
4 dismiss, and is NOTED for May 24, 2019. Mr. Patterson may file, on or before May 20,
2019, a response to plaintiff’s motion, indicating whether he objects to dismissal of
5 plaintiff’s claim without prejudice, which would allow plaintiff to refile its claim against
him in another case. Any reply shall be filed by the new noting date.
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(4)
The Clerk is directed to send a copy of this Minute Order to all counsel of
7 record, to Doe 9 as indicated in Paragraph 1, above, and to Randy Patterson.
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Dated this 25th day of April, 2019.

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William M. McCool
Clerk

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s/Karen Dews
Deputy Clerk

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MINUTE ORDER - 2