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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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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PATRICIA and WILLIAM POTTER,
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Plaintiffs,
v.

CASE NO. C16-5406 BHS
ORDER GRANTING
DEFENDANT’S MOTION TO
DISMISS

AMERICAN FAMILY INSURANCE,
Defendant.

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This matter comes before the Court on American Family Insurance’s (“American
Family”) motion to dismiss claims regarding Olympic Steamship fees (Dkt. 55).

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On July 5, 2017, American Family filed the instant motion. Id. On July 7, 2017,

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Plaintiffs Patricia and William Potter (“Potters”) responded conceding the merits of the

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motion and requesting terms for having to respond. Dkt. 57. On July 28, 2017,

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American Family replied. Dkt. 60.

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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

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issue could have been resolved in a five-minute phone call instead of a fully briefed third

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dispositve motion. The Court also agrees with the Potters that this is not the first time

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American Family’s counsel has been admonished by this Court or the Ninth Circuit for

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failing to resolve issues “through common courtesies, rather than taxing the resources of

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the federal judiciary.” Parker v. Allstate Ins. Co., 2012 WL 1065531, *1 (9th Cir. 2012).

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The Court, however, declines to award fees for this frivolous motion because the Potters

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did not need to respond.

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Therefore, the Court GRANTS American Family’s motion to dismiss (Dkt. 55).

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IT IS SO ORDERED.

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Dated this 7th day of August, 2017.

A

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BENJAMIN H. SETTLE
United States District Judge

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