Smith et al v. Washington State et al

Filing 62

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 45 ; granting 8 Defendant Teamsters Local Union No. 117's Motion to Dismiss; granting 12 Defendant WFSE's Motion to Dismiss; granting 19 Plaintiffs' Motion to Amend Complaint within 21 days of this order; Striking as Moot [24, 26, 28]; denying 39 Plaintiffs' Motion for Default; Referring 31 to Magistrate Judge J. Richard Creatura; signed by Judge Ronald B. Leighton. (DN) Modified on 5/6/2015 (DN). (cc to all pltfs)

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HONORABLE RONALD B. LEIGHTON

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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ROBERT SMITH, et al.,

CASE NO. C14-5974 RBL-JRC

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Plaintiff,
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v.

ORDER ADOPTING REPORT AND
RECOMMENDATION AND
DENYING MOTION FOR DEFAULT

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WASHINGTON STATE,

[Dkt. #s 39 & 45]

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Defendant.
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THIS MATTER is before the Court on the Plaintiffs’ Motion for Default [Dkt. #39] and

15 on the Magistrate Judge Creatura’s Report and Recommendation [Dkt. #45]. The Report and
16 Recommendation addresses two Motions to Dismiss [Dkt. #s 8 & 12], and Plaintiff’s Motion for
17 Leave to Amend [Dkt. #19].
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The Report and Recommendation is ADOPTED.

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For the reasons articulated in the Report and Recommendation, Defendant Teamsters

20 Local Union No. 117’s Motion to Dismiss [Dkt. #8] is GRANTED. Defendant Washington
21 Federation of State Employees’ Motion to Dismiss [Dkt. #12] is GRANTED. Plaintiffs’ Motion
22 for Leave to Amend their Complaint [Dkt. #19] is GRANTED, and they shall file an Amended
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ORDER ADOPTING REPORT AND
RECOMMENDATION AND DENYING MOTION
FOR DEFAULT - 1

1 Complaint addressing all of the defects outlined in the Report and Recommendation within 21
2 days of this ORDER.
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The other pending Motions to Dismiss [Dkt. #s 24, 26, and 28] are STRICKEN as moot,

4 pending an Amended Complaint. The Moving Defendants may re-file and re-note the Motions if
5 the Amended Complaint does not cure the defects identified, or if a timely Amended Complaint
6 is not filed.
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Plaintiffs’ Motion for Default [Dkt. #39] is DENIED; the Defendants have timely

8 defended.
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The pending Motion for Appointment of Counsel [Dkt. #31] is REFFERRED to

10 Magistrate Judge Creatura.
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IT IS SO ORDERED.

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Dated this 6th day of May, 2015.

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A

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RONALD B. LEIGHTON
UNITED STATES DISTRICT JUDGE

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[DKT. #S 39 & 45] - 2