Trustees of the Northwest Laborers-Employers Health and Security Trust et al v. Malone

Filing 171

ORDER granting 88 Defendant The Bag Lady, Inc.'s Motion for Summary Judgment Dismissing With Prejudice Plaintiff's state law claims only against Defendant Bag Lady, signed by Judge Ronald B. Leighton.(DN)

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ORDER - 1

The Honorable Ronald B. Leighton

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA TRUSTEES OF THE NORTHWEST LABORERS-EMPLOYERS HEALTH AND SECURITY TRUST, Plaintiff,

NO. C09-5399 RBL ORDER GRANTING THE BAG LADY, INC.'S MOTION FOR SUMMARY JUDGMENT ON STATE LAW CLAIMS [Dkt. #88]

MORRIS MALONE, et al., Defendants. MORRIS MALONE, et al., Third-Party Plaintiffs, STREET PAVERS, SEWER, WATERMAIN AND TUNNEL WORKERS,LABORERS Local 440, et al., Third-Party Defendants. THIS MATTER is before the Court upon The Bag Lady, Inc.'s Motion for Summary Judgment on State Law Claims. [Dkt. #88]. The Court has considered the Motion, pleadings filed in support thereof and in opposition thereto, and the remaining file herein, as well as briefing related to, and the Court's prior Order Dismissing Plaintiff's state law claims against the Malone

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defendants on the grounds of ERISA preemption. [Dkt. #83]. For the same reasons, It is hereby ORDERED that The Bag Lady's Motion for Summary Judgment on Plaintiff's state law claims against it is GRANTED. Plaintiff's state law claims against Defendant The Bag Lady, Inc. are hereby DISMISSED WITH PREJUDICE.

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ORDER - 2

DATED this 2nd day of March, 2011.

A
RONALD B. LEIGHTON UNITED STATES DISTRICT JUDGE