Jiao v. Blumenthal et al

Filing 50

ORDER granting Plaintiffs/Counter Defendants Wei Fan and Maoqi Zhang's 48 Motion to Dismiss Counter-Claim. Signed by U.S. District Judge John C Coughenour. (TH)

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THE HONORABLE JOHN C. COUGHENOUR 1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 9 JIE JIAO, 10 11 CASE NO. C17-1355-JCC Plaintiff; and ORDER MAOQI ZHANG and WEI FAN, 12 13 Plaintiffs and CounterDefendants; 14 v. 15 16 CONNIE BLUMENTHAL and JOHN DOE, 17 Defendants and CounterClaimants; and 18 19 20 REALOGICS BROKERAGE, LLC, d/b/a REALOGICS SOTHEBY’S INTERNATIONAL REALTY, 21 Defendant. 22 23 24 This matter comes before the Court on Plaintiffs Maoqui Zhang’s and Wei Fan’s motion 25 to dismiss (Dkt. No. 48). Having thoroughly considered the motion and the relevant record, the 26 Court GRANTS the motion for the reasons explained herein. ORDER C17-1355-JCC PAGE - 1 1 The facts of this case are described in the Court’s previous order (Dkt. No. 34). Zhang 2 and Fan move to dismiss Defendant Connie Blumenthal’s counter-claim pursuant to Federal 3 Rule of Civil Procedure 12(b)(6). (Dkt. No. 48 at 2); (see Dkt. No. 37 at 7) (seeking contribution 4 from Zhang and Fan for any recovery in Plaintiff Jiao’s favor). Zhang and Fan assert that “no set 5 of facts could be pled” that would establish their liability. (Dkt. No. 48 at 4.) Blumenthal has not 6 responded to Zhang and Fan’s motion to dismiss. The Court deems this nonresponse to be an 7 admission that Zhang’s and Fan’s motion has merit. W.D. Wash. Local Civ. R. 7(b)(2). 8 9 10 11 Accordingly, Zhang and Fan’s motion to dismiss (Dkt. No. 48) is GRANTED. The Clerk is DIRECTED to revise the caption in this matter to remove all references to Blumenthal’s counter-claim. DATED this 27th day of April 2018. A 12 13 14 John C. Coughenour UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 ORDER C17-1355-JCC PAGE - 2

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