Haglund v Sawant et al

Filing 66

ORDER DISMISSING PLAINTIFF'S REMAINING CLAIMS AND DIRECTING ENTRY OF FINAL JUDGMENT re: Plaintiff's 63 Motion to Dismiss, re: 64 Stipulated Motion to Dismiss; finding as moot Defendants' 33 Motion for Summary Judgment and Pla intiff's 62 Motion to Remand. All remaining claims asserted by Plaintiff Carl Haglund against Defendants Kshama Sawant and the City of Seattle are dismissed with prejudice and without costs or fees to any party. Signed by Judge Marsha J. Pechman. (PM)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 9 10 CARL HAGLUND, Plaintiff, 11 12 13 14 CASE NO. C17-1614-MJP v. ORDER DISMISSING PLAINTIFF’S REMAINING CLAIMS AND DIRECTING ENTRY OF FINAL JUDGMENT KSHAMA SAWANT Defendants. 15 16 17 18 THIS MATTER comes before the Court on Plaintiff’s Motion to Dismiss (Dkt. No. 63) 19 and the parties’ Stipulated Motion for Dismissal of Plaintiff’s Remaining Claims and for Entry of 20 Final Judgment (Dkt. No. 64). These motions (a) follow the Court’s Order Granting Defendant’s 21 Motion for Partial Judgment on the Pleadings (Dkt. No. 32), and (b) render moot Defendants’ 22 Motion for Summary Judgment (Dkt. No. 33) and Plaintiff’s Motion for Remand (Dkt. No. 62). 23 The Court now orders as follows: 24 ORDER DISMISSING PLAINTIFF’S REMAINING CLAIMS AND DIRECTING ENTRY OF FINAL JUDGMENT - 1 1 1. All remaining claims asserted by Plaintiff Carl Haglund against Defendants 2 Kshama Sawant and the City of Seattle are dismissed with prejudice and without 3 costs or fees to any party; 4 5 6 7 8 9 2. Subject to paragraph 4 below, Plaintiff’s Second Amended Complaint (Dkt. No. 23) may be, and it hereby is, dismissed with prejudice; 3. The clerk is directed to enter final judgment forthwith in favor of Defendants Kshama Sawant and the City of Seattle, without costs or fees to either side; and 4. Neither Plaintiff’s stipulation to dismissal of his lawsuit nor entry of final judgment will foreclose Plaintiff from appealing this Court’s order (Dkt. No. 32). 10 If Plaintiff does pursue such an appeal, Defendants may seek an award of their 11 fees and costs on appeal. 12 The clerk is ordered to provide copies of this order to all counsel. 13 Dated June 4, 2018. 15 A 16 Marsha J. Pechman United States District Judge 14 17 18 19 20 21 22 23 24 ORDER DISMISSING PLAINTIFF’S REMAINING CLAIMS AND DIRECTING ENTRY OF FINAL JUDGMENT - 2 1 Presented by: 2 PETER S. HOLMES Seattle City Attorney 3 4 5 6 By: s/ Michael Ryan Michael Ryan, WSBA# 32091 Assistant City Attorney 701 Fifth Avenue, Suite 2050 Seattle, WA 98104 Phone: (206) 684-8200 Email: Michael.Ryan@seattle.gov 7 K&L GATES LLP 8 9 10 11 12 By: s/ Robert B. Mitchell Robert B Mitchell, WSBA #10874 Raina V. Wagner, WSBA #45701 925 Fourth Avenue, Suite 2900 Seattle, WA 98104 Phone: (206) 623-7580 Fax: (206) 623-7022 Email: rob.mitchell@klgates.com Email: raina.wagner@klgates.com 13 Attorneys for Defendants 14 15 16 17 18 19 20 21 22 23 24 ORDER DISMISSING PLAINTIFF’S REMAINING CLAIMS AND DIRECTING ENTRY OF FINAL JUDGMENT - 3

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