Cook v. Merida

Filing 12

ORDER OF DISMISSAL. IT IS ORDERED that the matter is DISMISSED with prejudice, as the defects established by Defendant's motion are not amenable to correction through amendment. Signed by Judge Marsha J. Pechman. (TH)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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C. COOK,

CASE NO. C18-616 MJP
Plaintiff,

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ORDER OF DISMISSAL

v.

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ADISON DYLAN MERIDA,

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Defendant.

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The above-entitled Court has received and reviewed the Motion to Dismiss Plaintiff’s

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Complaint, the accompanying Declaration and exhibits, and relevant portions of the record.

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(Dkt. Nos. 11, 11-1.) Plaintiff filed no responsive briefing. 1 The Court rules as follows:

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IT IS ORDERED that the matter is DISMISSED with prejudice, as the defects
established by Defendant’s motion are not amenable to correction through amendment.

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The Court notes that, under Local Rule 7(b)(2), “[e]xcept for motions for summary judgment, if a party fails to file
papers in opposition to a motion, such failure may be considered by the court as an admission that the motion has
merit.”

ORDER OF DISMISSAL - 1

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The Court is satisfied that Defendant has demonstrated conclusively that Plaintiff’s

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complaint fails to establish subject-matter jurisdiction, personal jurisdiction, or proper venue (see

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Dkt. No. 11 at 1-14) and that it would be futile to permit Plaintiff to amend. On that basis, the

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complaint will be dismissed with prejudice.

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The clerk is ordered to provide copies of this order to all counsel.

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Dated August 7, 2018.

A

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The Honorable Marsha J. Pechman
United States Senior District Court Judge

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ORDER OF DISMISSAL - 2