Langendoerfer v. Williamson

Filing 34

ORDER. Not later than 3/31/2025, Plaintiff shall clarify his intentions by submitting either a motion seeking voluntary dismiss of this action or a motion seeking leave to amend his complaint together with a proposed amended complaint. Plaintiff' ;s currently pending motion to withdraw his complaint (Dkt. 33 ) is STRICKEN. Defendant's motion for judgment on the pleadings (Dkt. 22 ) is RE-NOTED on the Courts calendar for consideration on 3/31/2025. Signed by Hon. S. Kate Vaughan. (cc: Plaintiff via USPS)(MJV)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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ROBERT LANGENDOERFER,
Plaintiff,

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v.

Case No. C24-1328-BHS-SKV
ORDER RE: PLAINTIFF’S REQUEST
TO WITHDRAW COMPLAINT

LINDA WILLIAMSON,
Defendant.

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This is a civil rights action proceeding under 42 U.S.C. § 1983. On January 22, 2025,

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Defendant filed a motion for judgment on the pleadings which is currently ripe for review. See

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Dkt. 22. On February 18, 2025, the Court received from Plaintiff a responsive brief opposing

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Defendant’s motion (Dkt. 31), and the Court received a reply brief from Defendant on February

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19, 2025 (Dkt. 32). On March 3, 2025, the Court received from Plaintiff a document which he

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identified as a response to Defendant’s reply. Dkt. 33. Plaintiff requests therein that he be

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allowed to withdraw his complaint and that he be granted leave to re-file his complaint correctly.

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Id. Plaintiff’s submission was posted on the Court’s docket as a motion seeking leave to

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withdraw his complaint, and it was noted for consideration on March 24, 2025. See id.

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ORDER RE: PLAINTIFF’S REQUEST
TO WITHDRAW COMPLAINT - 1

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It is unclear from Plaintiff’s most recent submission the precise nature of the relief he is

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seeking. Plaintiff’s submission could be construed as a request for voluntarily dismissal of this

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action with leave to re-file it at a later date, i.e., a dismissal without prejudice. Plaintiff’s

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submission could also be construed as a request for leave to amend his complaint. The Court

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deems it necessary to have Plaintiff clarify his request and to give Defendant an opportunity to

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respond before it proceeds to disposition of Defendant’s pending motion for judgment on the

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pleadings.

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Plaintiff is advised that a voluntary dismissal at this juncture, if granted, will result in this

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action being terminated and any attempt to pursue his claim at a later date will require that he file

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a new action for which another filing fee will be assessed. Plaintiff is further advised that if his

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desire is to amend his complaint, he must file a motion specifically requesting that he be granted

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leave to amend and he must submit his motion together with a proposed amended complaint, in

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accordance with Local Civil Rule (“LCR”) 15(a).

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Based on the foregoing, the Court ORDERS as follows:

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(1)

Not later than March 31, 2025, Plaintiff shall clarify his intentions by submitting

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either a motion seeking voluntary dismiss of this action or a motion seeking leave to amend his

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complaint together with a proposed amended complaint. Plaintiff shall serve a copy of his

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motion on counsel for Defendant and shall note his motion on the Court’s calendar for

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consideration 21 days after the date on which it is filed. If Plaintiff fails to clarify his intentions

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by the date set forth above, the Court will proceed to disposition of Defendant’s motion for

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judgment on the pleadings.

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(2)

Plaintiff’s currently pending motion to withdraw his complaint (Dkt. 33) is

STRICKEN. Defendant’s motion for judgment on the pleadings (Dkt. 22) is RE-NOTED on the
ORDER RE: PLAINTIFF’S REQUEST
TO WITHDRAW COMPLAINT - 2

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Court’s calendar for consideration on March 31, 2025. The Court may find it necessary to re-

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note Defendant’s motion again depending on the nature of Plaintiff’s response to this Order.

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(3)

The Clerk is directed to send copies of this Order to Plaintiff, to counsel for

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Defendant, and to the Honorable Benjamin H. Settle.

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DATED this 12th day of March, 2025.

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A

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S. KATE VAUGHAN
United States Magistrate Judge

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ORDER RE: PLAINTIFF’S REQUEST
TO WITHDRAW COMPLAINT - 3