Kasem v. Kasem et al

Filing 28

ORDER signed by Judge Benjamin H. Settle granting 24 Motion to Dismiss Party; finding as moot 12 Motion to Dismiss; finding as moot 16 Motion for Joinder. Does 1-99 (inclusive ), Kerri Helen Kasem (an individual ), Mike Kasem (an individual ), Troy L Martin (an individual ), Julie Kasem Aboulhosn (an individual ) and Jamil Anis Alboulhosn (an individual ) terminated. (TG)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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JEAN KASEM,

CASE NO. C17-5461 BHS
Plaintiff,

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v.
KERRI HELEN KASEM, et al.,

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Defendants.

ORDER DENYING
DEFENDANT’S MOTION TO
DISMISS AS MOOT AND
GRANTING PLAINTIFF’S
MOTION TO VOLUNTARILY
DISMISS PARTIES

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This matter comes before the Court on Defendant Kerri Helen Kasem’s motion to

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dismiss (Dkt. 12) and Plaintiff Jean Kasem’s (“Plaintiff”) motion to voluntarily dismiss

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(Dkt. 24). The Court has considered the pleadings filed in support of and in opposition to

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the motion and the remainder of the file and hereby rules as follows:

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I.

PROCEDURAL HISTORY

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On June 15, 2017, Plaintiff filed a complaint against Defendants Julie Kasem

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Aboulhosn, Jamil Anis Alboulhosn, Catholic Health Initiatives, Kerri Helen Kasem,

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Mike Kasem, and Troy L. Martin asserting causes of action for wrongful death,

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negligence, and fraud. Dkt. 1. Plaintiff asserts that the Court has diversity jurisdiction

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ORDER - 1

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because the parties are residents of different states and the amount in controversy exceeds

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$75,000. Id. ¶ 1.2.

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On October 3, 2017, Defendant Kerri Helen Kasem filed the instant motion to

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dismiss arguing that there is not complete diversity between the parties. Dkt. 12. On

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October 4, 2017, Defendant Catholic Health Initiatives (“CHI”) joined in the motion.

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Dkt. 16. On October 30, 2017, Plaintiff moved to voluntarily dismiss all non-diverse

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parties and responded to the motion to dismiss. Dkts. 24, 25. On November 2, 2017,

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CHI withdrew its joinder in the motion to dismiss, and Defendants Julie Kasem

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Aboulhosn, Jamil Anis Alboulhosn, Kerri Helen Kasem, and Troy L. Martin requested

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that the Court dismiss Plaintiff’s claims without prejudice. Dkts. 26, 27.

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II.

DISCUSSION

Based on the motion to voluntarily dismiss the non-diverse Defendants, the motion
to dismiss is moot. Thus, the Court DENIES the motion as moot.
Regarding the motion to voluntarily dismiss the non-diverse Defendants, the only

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issue is whether the claims should be dismissed with or without prejudice. Defendants

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argue that the Court should dismiss the claims with prejudice because the Plaintiff has

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admitted that diversity of citizenship does not exist between the parties. However, lack

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of diversity only precludes Plaintiff from bringing these state law claims in federal court

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at this time. It seems that Plaintiff may still bring the claims in state court or, if the

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citizenship of the parties changes, in federal court after such a change. Therefore,

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Defendants have failed to show that the claims should be dismissed with prejudice. The

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ORDER - 2

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Court GRANTS Plaintiff’s motion, the Clerk shall terminate all defendants except CHI,

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and the Clerk shall issue new initial case deadlines for the remaining parties.

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IT IS SO ORDERED.

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Dated this 8th day of November, 2017.

A

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BENJAMIN H. SETTLE
United States District Judge

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ORDER - 3