Potter, et al. v. American Family Insurance
ORDER granting 55 Motion to Dismiss claims re fees signed by Judge Benjamin H. Settle.(TG)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
PATRICIA and WILLIAM POTTER,
CASE NO. C16-5406 BHS
DEFENDANT’S MOTION TO
AMERICAN FAMILY INSURANCE,
This matter comes before the Court on American Family Insurance’s (“American
Family”) motion to dismiss claims regarding Olympic Steamship fees (Dkt. 55).
On July 5, 2017, American Family filed the instant motion. Id. On July 7, 2017,
Plaintiffs Patricia and William Potter (“Potters”) responded conceding the merits of the
motion and requesting terms for having to respond. Dkt. 57. On July 28, 2017,
American Family replied. Dkt. 60.
Regarding the merits, the Court grants the motion because the issue is not
Regarding the frivolousness of the motion, the Court agrees with Potters that the
issue could have been resolved in a five-minute phone call instead of a fully briefed third
dispositve motion. The Court also agrees with the Potters that this is not the first time
American Family’s counsel has been admonished by this Court or the Ninth Circuit for
ORDER - 1
failing to resolve issues “through common courtesies, rather than taxing the resources of
the federal judiciary.” Parker v. Allstate Ins. Co., 2012 WL 1065531, *1 (9th Cir. 2012).
The Court, however, declines to award fees for this frivolous motion because the Potters
did not need to respond.
Therefore, the Court GRANTS American Family’s motion to dismiss (Dkt. 55).
IT IS SO ORDERED.
Dated this 7th day of August, 2017.
BENJAMIN H. SETTLE
United States District Judge
ORDER - 2
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