Barron v. Marriott International Inc. et al

Filing 7

ORDER granting parties' 6 Stipulated Motion of Dismissal of Marriott International, Inc. and Substitution of Proper Defendant; All claims against Defendant Marriott International, Inc. are DISMISSED without prejudice. Courtyard Management Corporation is added as a Defendant in this action and substituted in place of Defendant Marriott International, Inc. Signed by Judge Ricardo S Martinez. (TH)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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Case No. C17-1801 RSM

KYM BARRON,
Plaintiff,
v.

ORDER RE: STIPULATED DISMISSAL
AND SUBSTITUTION OF PROPER
DEFENDANT

MARRIOTT INTERNATIONAL, INC., and
DOES 1 through 50, inclusive,
Defendants.
This matter comes before the Court sua sponte to address the parties’ December 20,

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2017, Stipulation of Dismissal of Marriott International, Inc. and Substitution of Proper

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Defendant. Dkt. #6. The parties stipulate, under Rule 41(a)(1)(A)(ii), to the dismissal of

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Defendant Marriott International, Inc. Dkt. #6 at 1. Under this rule, no action by the Court is

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required for this dismissal to take effect. The Court finds that this Defendant is dismissed

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without prejudice. The parties also stipulate to the substitution and addition of Courtyard
Management Corporation as defendant, citing Rule 21. Under this rule, the Court may, “[o]n

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Motion or on its own… add or drop a party.” Fed. R. Civ. P. 21. Because the parties have not

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technically moved for this relief, but have established good cause, the Court will grant this

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relief sua sponte.

Finally, the parties stipulate that “Courtyard Management Corporation

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ORDER RE: STIPULATED DISMISSAL AND SUBSTITUTION OF PROPER DEFENDANT
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waives any requirement that it be served with a Summons and Complaint… [and] that it shall

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be deemed as having been properly served with the Complaint in this action.” Dkt. #6 at 2.

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Courtyard Management Corporation has not made an appearance in this action, nor have

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existing defense counsel indicated dual representation of Marriott International, Inc. and

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Courtyard Management Corporation. Because the parties cannot speak on behalf of Courtyard
Management Corporation, the Court finds that the service requirement has not been waived.

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Nothing in this Order modifies the service and pleading requirements and deadlines as set forth

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in the Federal Rules of Civil Procedure and this Court’s Local Rules.

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Having reviewed the relevant briefing, and the remainder of the record, the Court
hereby finds and ORDERS:
1) All claims against Defendant Marriott International, Inc. are DISMISSED without
prejudice.
2) Courtyard Management Corporation is added as a Defendant in this action and
substituted in place of Defendant Marriott International, Inc.

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DATED this 20th day of December 2017.

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A

RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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ORDER RE: STIPULATED DISMISSAL AND SUBSTITUTION OF PROPER DEFENDANT
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