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)

Download PDF
1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 6 7 8 J.S., S.L., and L.C., 9 Plaintiffs, 10 v. 11 VILLAGE VOICE MEDIA HOLDINGS LLC, d/b/a Backpage.com, et al., 12 Defendants. 13 CASE NO. C12-6031-BHS ORDER GRANTING IN PART DEFENDANTS’ MOTION TO DISMISS 14 This matter comes before the Court on Defendants Village Voice Media Holdings, 15 LLC; Backpage.com, LLC; and New Times Media, LLC’s (“the Backpage.com 16 Defendants”) motion to dismiss (Dkt. 22). The Court has considered the pleadings filed 17 in support of and in opposition to the motion and the remainder of the file and hereby 18 grants the motion in part for the reasons stated herein. 19 On September 5, 2012, Plaintiffs J.S., S.L., and L.C (“Plaintiffs”) filed a First 20 Amended Complaint in Pierce County Superior Court for the State of Washington. Dkt. 21 22 ORDER - 1 1 1–1. On December 5, 2012, the Backpage Defendants removed the matter to this Court. 2 Dkt. 1. 3 On December 6, 2012, Plaintiffs filed a Second Amended Complaint (“SAC”) 4 adding Defendants Sabir Shabazz and Shadina Rice. Dkt. 8. 5 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 10 remain under consideration. 11 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. 13 IT IS SO ORDERED. 14 Dated this 5th day of February, 2013. A 15 16 BENJAMIN H. SETTLE United States District Judge 17 18 19 20 21 22 ORDER - 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?