Venice PI, LLC v. Doe 1 et al

Filing 77

ORDER dismissing without prejudice defendant Michael Smith's counterclaims and this action. Signed by Judge Thomas S. Zilly. (SWT) (cc: Michael Smith via USPS)

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1 2 3 4 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 5 6 7 VENICE PI, LLC, Plaintiff, 8 9 10 C17-1211 TSZ v. ORDER MICHAEL SMITH, Defendant. 11 12 By Minute Order entered September 11, 2019, docket no. 76, the Court directed 13 the parties to meet and confer and to file a Joint Status Report on or before October 2, 14 2019. The parties were advised that failure to file a Joint Status Report would constitute 15 grounds for dismissal of defendant Michael Smith’s counterclaims for declaratory 16 judgment of non-infringement and abuse of process. Plaintiff’s claims against defendant 17 Smith having been previously dismissed, see Minute Order (docket no. 72), and no Joint 18 Status Report having been filed, defendant Smith’s counterclaims and this action are 19 hereby DISMISSED without prejudice. See Fed. R. Civ. P. 41(b); see also Wallace v. 20 Hinton, 2000 WL 1728285 (9th Cir. Nov. 20, 2000) (affirming dismissal without 21 prejudice for failure to timely file a joint status report (citing Malone v. U.S. Postal Serv., 22 833 F.2d 128, 132 (9th Cir. 1987))). 23 ORDER - 1 1 The Clerk is directed to CLOSE this case and to send a copy of this Order to all 2 counsel of record and to pro se defendant Michael Smith. 3 IT IS SO ORDERED. 4 Dated this 7th day of October, 2019. 5 A 6 7 Thomas S. Zilly United States District Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ORDER - 2

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