Potter, et al. v. American Family Insurance

Filing 62

ORDER granting 55 Motion to Dismiss claims re fees signed by Judge Benjamin H. Settle.(TG)

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1 2 3 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 4 5 PATRICIA and WILLIAM POTTER, 6 7 8 Plaintiffs, v. CASE NO. C16-5406 BHS ORDER GRANTING DEFENDANT’S MOTION TO DISMISS AMERICAN FAMILY INSURANCE, Defendant. 9 10 11 12 This matter comes before the Court on American Family Insurance’s (“American Family”) motion to dismiss claims regarding Olympic Steamship fees (Dkt. 55). 13 On July 5, 2017, American Family filed the instant motion. Id. On July 7, 2017, 14 Plaintiffs Patricia and William Potter (“Potters”) responded conceding the merits of the 15 motion and requesting terms for having to respond. Dkt. 57. On July 28, 2017, 16 American Family replied. Dkt. 60. 17 18 19 Regarding the merits, the Court grants the motion because the issue is not contested. Regarding the frivolousness of the motion, the Court agrees with Potters that the 20 issue could have been resolved in a five-minute phone call instead of a fully briefed third 21 dispositve motion. The Court also agrees with the Potters that this is not the first time 22 American Family’s counsel has been admonished by this Court or the Ninth Circuit for ORDER - 1 1 failing to resolve issues “through common courtesies, rather than taxing the resources of 2 the federal judiciary.” Parker v. Allstate Ins. Co., 2012 WL 1065531, *1 (9th Cir. 2012). 3 The Court, however, declines to award fees for this frivolous motion because the Potters 4 did not need to respond. 5 Therefore, the Court GRANTS American Family’s motion to dismiss (Dkt. 55). 6 IT IS SO ORDERED. 7 Dated this 7th day of August, 2017. A 8 9 BENJAMIN H. SETTLE United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 ORDER - 2

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