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)

Download PDF
1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 6 7 8 JEAN KASEM, CASE NO. C17-5461 BHS Plaintiff, 9 10 v. KERRI HELEN KASEM, et al., 11 Defendants. ORDER DENYING DEFENDANT’S MOTION TO DISMISS AS MOOT AND GRANTING PLAINTIFF’S MOTION TO VOLUNTARILY DISMISS PARTIES 12 13 This matter comes before the Court on Defendant Kerri Helen Kasem’s motion to 14 dismiss (Dkt. 12) and Plaintiff Jean Kasem’s (“Plaintiff”) motion to voluntarily dismiss 15 (Dkt. 24). The Court has considered the pleadings filed in support of and in opposition to 16 the motion and the remainder of the file and hereby rules as follows: 17 I. PROCEDURAL HISTORY 18 On June 15, 2017, Plaintiff filed a complaint against Defendants Julie Kasem 19 Aboulhosn, Jamil Anis Alboulhosn, Catholic Health Initiatives, Kerri Helen Kasem, 20 Mike Kasem, and Troy L. Martin asserting causes of action for wrongful death, 21 negligence, and fraud. Dkt. 1. Plaintiff asserts that the Court has diversity jurisdiction 22 ORDER - 1 1 because the parties are residents of different states and the amount in controversy exceeds 2 $75,000. Id. ¶ 1.2. 3 On October 3, 2017, Defendant Kerri Helen Kasem filed the instant motion to 4 dismiss arguing that there is not complete diversity between the parties. Dkt. 12. On 5 October 4, 2017, Defendant Catholic Health Initiatives (“CHI”) joined in the motion. 6 Dkt. 16. On October 30, 2017, Plaintiff moved to voluntarily dismiss all non-diverse 7 parties and responded to the motion to dismiss. Dkts. 24, 25. On November 2, 2017, 8 CHI withdrew its joinder in the motion to dismiss, and Defendants Julie Kasem 9 Aboulhosn, Jamil Anis Alboulhosn, Kerri Helen Kasem, and Troy L. Martin requested 10 that the Court dismiss Plaintiff’s claims without prejudice. Dkts. 26, 27. 11 12 13 14 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 15 issue is whether the claims should be dismissed with or without prejudice. Defendants 16 argue that the Court should dismiss the claims with prejudice because the Plaintiff has 17 admitted that diversity of citizenship does not exist between the parties. However, lack 18 of diversity only precludes Plaintiff from bringing these state law claims in federal court 19 at this time. It seems that Plaintiff may still bring the claims in state court or, if the 20 citizenship of the parties changes, in federal court after such a change. Therefore, 21 Defendants have failed to show that the claims should be dismissed with prejudice. The 22 ORDER - 2 1 Court GRANTS Plaintiff’s motion, the Clerk shall terminate all defendants except CHI, 2 and the Clerk shall issue new initial case deadlines for the remaining parties. 3 IT IS SO ORDERED. 4 Dated this 8th day of November, 2017. A 5 6 BENJAMIN H. SETTLE United States District Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ORDER - 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?