Cobb v. P.S.C., Inc.
ORDER on Defendant's Motion for Summary Judgment and/or Dismissal, by Judge Robert J. Bryan. Defendant's Motion for Summary Judgment and/or Dismissal (Dkt 10) is GRANTED IN PART. The motion is granted as to Defendant's request for dismissal pursuant to Fed. R. Civ. P. 37(b)(2)(A)(v). The case is HEREBY DISMISSED. Defendant's request for $500 in attorneys fees is granted. (DK)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
CASE NO. 3:16-cv-5103-RJB
ORDER ON DEFENDANT’S
MOTION FOR SUMMARY
JUDGMENT AND/OR DISMISSAL
THIS MATTER comes before the Court on Defendant P.S.C., Inc.’s Motion for
17 Summary Judgment and/or Dismissal. Dkt. 10. Plaintiff has not filed a response to the motion.
18 The Court has considered the record and the remainder of the file herein.
Defendant requests dismissal on two grounds: (1) under Fed. R. Civ. P. 37(b)(2)(A)(v),
20 for failure to provide discovery, and (2) under Fed. R. Civ. P. 56. Defendant also requests an
21 award of at least $500 in attorney’s fees. Dkt. 10.
On October 24, 2016, Defendant filed a Motion to Compel Discovery. Dkt. 8. Plaintiff
23 did not respond to the motion, and the Court granted the motion on November 23, 2016. Dkt. 9.
24 Defendant’s counsel now represents that even after the Court issued that order, Plaintiff has yet
ORDER ON DEFENDANT’S MOTION FOR
SUMMARY JUDGMENT AND/OR DISMISSAL- 1
1 to provide discovery. Dkt. 10. Plaintiff has not responded to Defendant’s counsel’s
2 representation. In fact, Plaintiff has not made any filings in this case since the filing of the JSR
3 on May 13, 2016. See Dkt. 6. Further, although not before the Court in this present motion,
4 Plaintiff’s counsel has failed to respond in multiple other matters within this district. See, e.g.,
5 Walker v. Saturn Systems, 3:16-cv-05813-RJB, Spahr v. Quick Collections, Inc., 3:16-cv-054026 RBL, Wade v. DCS Financial, Inc., 3:16-cv-05398-BHS.
Based on these facts, dismissal pursuant to Fed. R. Civ. P. 37(b)(2)(A)(v) for Plaintiff’s
8 failure to provide discovery is warranted. An award of $500 to Defendant for attorney’s fees is
9 also warranted.
Because dismissal is appropriate under Fed. R. Civ. P. 37(b)(2)(A)(v), the Court does not
11 reach the issue of whether summary judgment is appropriate under Fed. R. Civ. P. 56.
THEREFORE it is HEREBY ORDERED that Defendant’s Motion for Summary
14 Judgment and/or Dismissal (Dkt 10) is GRANTED IN PART. The motion is granted as to
15 Defendant’s request for dismissal pursuant to Fed. R. Civ. P. 37(b)(2)(A)(v). The case is
16 HEREBY DISMISSED. Defendant’s request for $500 in attorney’s fees is granted. Defendant’s
17 motion is otherwise denied.
The Clerk is directed to send uncertified copies of this Order to all counsel of record and
19 to any party appearing pro se at said party’s last known address.
Dated this 19th day of January, 2017.
ROBERT J. BRYAN
United States District Judge
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