Olmstead v. Mabus

Filing 40

ORDER by Judge Benjamin H. Settle denying as moot 34 Motion to Dismiss; granting 36 Motion to Amend. Counsel is directed to e-file their Amended Complaint. (TG)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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RICK OLMSTEAD,

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Plaintiff,

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v.
SECRETARY OF THE NAVY, RAY
MABUS,

CASE NO. C13-5051 BHS
ORDER GRANTING
PLAINTIFF’S MOTION AND
DENYING DEFENDANT’S
MOTION AS MOOT

Defendant.

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This matter comes before the Court on Defendant Ray Mabus’s (“Defendant”)
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motion to dismiss (Dkt. 34) and Plaintiff Rick Olmstead’s (“Plaintiff”) motion for leave
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to amend (Dkt. 36).
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On March 27, 2014, Plaintiff filed an amended complaint alleging a cause of
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action for employment discrimination under state law. Dkt. 33. On April 3, 2014,
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Defendant filed his motion to dismiss and Plaintiff subsequently filed his motion to
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amend because, as both parties agree, the cause of action should have alleged a violation
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under federal law. Therefore, the Court GRANTS Plaintiff’s motion to amend and
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ORDER - 1

1 DENIES Defendant’s motion to dismiss as moot. Plaintiff shall file the amended
2 complaint as a separate entry on the electronic docket.
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IT IS SO ORDERED.

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Dated this 21st day of May, 2014.

A

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BENJAMIN H. SETTLE
United States District Judge

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ORDER - 2