Conger v. K & D Fisheries LLC et al

Filing 20

MINUTE ORDER striking as untimely Defendant's 19 Motion to Dismiss. Authorized by Judge Ricardo S Martinez. (PM)

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IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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HANNA V. CONGER,

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Plaintiff,

Case No. C17-1270RSM

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MINUTE ORDER STRIKING MOTION

v.

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K&D FISHERIES LLC, et al.,
Defendants.

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The following MINUTE ORDER is made by direction of the Court, the Honorable
Ricardo S. Martinez, Chief United States District Judge:

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On October 15, 2017, Defendant K&D Fisheries LLC filed its Answer to the
Complaint in this matter. Dkt. #18. The next day, the same Defendant filed a Motion to
Dismiss for lack of personal jurisdiction pursuant to Federal Rule of Civil Procedure

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12(b)(2), or in the alternative, for improper venue pursuant to Rule 12(b)(3). Dkt. #19.
Federal Rule of Civil Procedure 12(b) sets out seven defenses that must be asserted in
a responsive pleading if one is required. The Rule further provides that a “motion asserting

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any of these defenses must be made before pleading if a responsive pleading is allowed. .
. . Fed. R. Civ. Pro. 12(b) (emphasis added). The Federal Rules of Civil Procedure are clear

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MINUTE ORDER– 1

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that the defenses now raised by Defendant must be asserted in a motion filed prior to filing
the Answer to the Complaint. Defendant did not do so.

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Accordingly, the Court STRIKES Defendant’s pending Motion to Dismiss (Dkt. #19)
as untimely.
DATED this 17th day of October, 2017.

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WILLIAM McCOOL, Clerk

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By:

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MINUTE ORDER– 2

/s/ Paula McNabb
Deputy Clerk