Whitsett v. Brand Energy Services LLC et al

Filing 22

STIPULATION AND ORDER revising case caption, dismissing certain defenses and dismissing unrelated defendants re parties' 21 Stipulated Motion. All claims against the remaining defendants, with the exception of BrandSafway LLC, are DISMISSED with prejudice and without the award of attorney's fees or costs. Signed by Judge Ricardo S Martinez.(SWT) (Remaining defendants terminated.)

1
2
3
4
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE

5
6
7

DAVID WHITSETT,
Plaintiff,

8
v.

9
10

NO. 2:17-cv-01236-RSM

BRAND ENERGY SOLUTIONS LLC; et al.,

11

STIPULATED MOTION AND
ORDER REVISING CASE CAPTION,
DISMISSING CERTAIN DEFENSES,
AND DISMISSING UNRELATED
DEFENDANTS

Defendants.

12
STIPULATED MOTION

13

Pursuant to LCR 7(d)(1) and LCR 10(g), the parties hereby stipulate and move the Court

14
15

as follows:

16

1.

Defendant Brand Energy Solutions LLC recently changed its name to

17

BrandSafway LLC (see documentation attached as Exhibit A hereto). The parties stipulate and

18

agree that the case caption should be amended to reflect the name change of defendant Brand

19

Energy Solutions LLC to BrandSafway LLC.

20

2.

Defendant BrandSafway LLC admits that it provided the scaffolding involved in

21
the occurrence alleged in plaintiff’s Complaint, and it waives any affirmative defense that any
22
other persons/entities bear fault in this matter, with the exception of the Plaintiff. Defendant
23
24
25

BrandSafway LLC specifically agrees to withdraw affirmative defense numbers 5 and 6 (see Dkt.
#4).

STIPULATED MOTION AND ORDER REVISING
CASE CAPTION, DISMISSING CERTAIN
DEFENSES, AND DISMISSING UNRELATED
DEFENDANTS - 1

FISHER & PHILLIPS LLP
1201 THIRD AVE., SUITE 2750
SEATTLE, WA 98101
206.682.2308

1

3.

The parties stipulate and agree that there is no evidence that any of the other

2

defendants named in plaintiff’s complaint have any involvement in the occurrence alleged in

3

plaintiff’s Complaint. Accordingly, the parties stipulate to dismiss all other named defendants

4
5
6

with prejudice and without costs or attorney’s fees, leaving BrandSafway LLC as the sole
remaining defendant.
It is so stipulated through counsel of record.

7
DATED this 13th day of July, 2018
8
9

FISHER & PHILLIPS, LLP

RUSSELL & HILL, PLLC

By: /s/ Matthew J. Macario
Matthew Macario, WSBA #26522
1201 Third Avenue, Ste 2750
Seattle, WA 98101
Email: [e-mail]
Attorneys for Defendants

By: /s/ Dean F. Swanson
Dean Swanson, WSBA #40638
3811-A Broadway
Everett, WA 98201
Email: [e-mail]
Attorneys for Plaintiff

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
STIPULATED MOTION AND ORDER REVISING
CASE CAPTION, DISMISSING CERTAIN
DEFENSES, AND DISMISSING UNRELATED
DEFENDANTS - 2

FISHER & PHILLIPS LLP
1201 THIRD AVE., SUITE 2750
SEATTLE, WA 98101
206.682.2308

ORDER

1
2

Based upon the stipulation of the parties above, IT IS HEREBY ORDERED that:

3

1.

4
5

The case caption shall be revised to reflect the name change of defendant Brand
Energy Solutions LLC to BrandSafway LLC.

2.

6

All claims against the remaining named Defendants in this matter, with the
exception of BrandSafway LLC, are hereby dismissed with prejudice and without

7
the award of attorney’s fees or costs.
8
9
10

3.

Defendant BrandSafway LLC’s affirmative defenses numbers 5 and 6 (as set forth
in Dkt. #4) are dismissed with prejudice.

11
12

DATED this 16th day of July, 2018.

13
14
15

A

16

RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

17
18
19
20
21
22
23
24
25
STIPULATED MOTION AND ORDER REVISING
CASE CAPTION, DISMISSING CERTAIN
DEFENSES, AND DISMISSING UNRELATED
DEFENDANTS - 3

FISHER & PHILLIPS LLP
1201 THIRD AVE., SUITE 2750
SEATTLE, WA 98101
206.682.2308