J.S. et al v. Village Voice Media Holdings LLC

Filing 38

ORDER by Judge Benjamin H Settle granting part of 22 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) filed by New Times Media LLC, Backpage.com LLC, Village Voice Media Holdings LLC, Motions stricken: 24 MOTION to Appoint Counsel filed by Shadina Rice, 30 MOTION to Withdraw as Attorney filed by Sabir Shabazz. (TG; cc mailed to pro se deft)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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8 J.S., S.L., and L.C.,
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Plaintiffs,

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v.

11 VILLAGE VOICE MEDIA HOLDINGS
LLC, d/b/a Backpage.com, et al.,
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Defendants.
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CASE NO. C12-6031-BHS
ORDER GRANTING IN PART
DEFENDANTS’ MOTION TO
DISMISS

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This matter comes before the Court on Defendants Village Voice Media Holdings,
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LLC; Backpage.com, LLC; and New Times Media, LLC’s (“the Backpage.com
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Defendants”) motion to dismiss (Dkt. 22). The Court has considered the pleadings filed
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in support of and in opposition to the motion and the remainder of the file and hereby
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grants the motion in part for the reasons stated herein.
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On September 5, 2012, Plaintiffs J.S., S.L., and L.C (“Plaintiffs”) filed a First
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Amended Complaint in Pierce County Superior Court for the State of Washington. Dkt.
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ORDER - 1

1 1–1. On December 5, 2012, the Backpage Defendants removed the matter to this Court.
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On December 6, 2012, Plaintiffs filed a Second Amended Complaint (“SAC”)

4 adding Defendants Sabir Shabazz and Shadina Rice. Dkt. 8.
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On January 25, 2012, the Backpage Defendants filed a combined response and

6 motion to dismiss. Dkt. 33. In their motion, the Backpage Defendants move to strike the
7 SAC because it was improperly filed. Id. at 14–15. In their response, Plaintiffs admit
8 that they improperly filed the complaint. Dkt. 33 at 2 n. 2. Therefore, the Court grants
9 the Backpage Defendants’ motion on this issue only. The remainder of the motion shall
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The Clerk is directed to terminate Defendants Sabir Shabazz and Shadina Rice and

12 their motions regarding counsel (Dkts. 24 and 30) shall be stricken.
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IT IS SO ORDERED.

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Dated this 5th day of February, 2013.

A

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BENJAMIN H. SETTLE
United States District Judge

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ORDER - 2