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)

THE HONORABLE JOHN C. COUGHENOUR

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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JIE JIAO,

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CASE NO. C17-1355-JCC
Plaintiff; and

ORDER

MAOQI ZHANG and WEI FAN,

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Plaintiffs and CounterDefendants;

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v.

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CONNIE BLUMENTHAL and JOHN
DOE,

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Defendants and CounterClaimants; and

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REALOGICS BROKERAGE, LLC, d/b/a
REALOGICS SOTHEBY’S
INTERNATIONAL REALTY,

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Defendant.

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This matter comes before the Court on Plaintiffs Maoqui Zhang’s and Wei Fan’s motion

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to dismiss (Dkt. No. 48). Having thoroughly considered the motion and the relevant record, the

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Court GRANTS the motion for the reasons explained herein.

ORDER
C17-1355-JCC
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The facts of this case are described in the Court’s previous order (Dkt. No. 34). Zhang

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and Fan move to dismiss Defendant Connie Blumenthal’s counter-claim pursuant to Federal

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Rule of Civil Procedure 12(b)(6). (Dkt. No. 48 at 2); (see Dkt. No. 37 at 7) (seeking contribution

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from Zhang and Fan for any recovery in Plaintiff Jiao’s favor). Zhang and Fan assert that “no set

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of facts could be pled” that would establish their liability. (Dkt. No. 48 at 4.) Blumenthal has not

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responded to Zhang and Fan’s motion to dismiss. The Court deems this nonresponse to be an

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admission that Zhang’s and Fan’s motion has merit. W.D. Wash. Local Civ. R. 7(b)(2).

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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

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John C. Coughenour
UNITED STATES DISTRICT JUDGE

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ORDER
C17-1355-JCC
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