Cole et al v. Keystone RV Company LLC

Filing 220

MINUTE ORDER denying Plaintiff's 216 Motion for Reconsideration. Authorized by Judge Thomas S. Zilly.(MW)

Case 3:18-cv-05182-TSZ Document 220 Filed 08/18/21 Page 1 of 2

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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JUDITH COLE; LOUISE MICHAEL;
DAVID JOHNSON,
Plaintiffs,

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v.

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MINUTE ORDER

KEYSTONE RV COMPANY,
Defendant.

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C18-5182 TSZ

The following Minute Order is made by direction of the Court, the Honorable
Thomas S. Zilly, United States District Judge:
(1)
Plaintiffs’ Motion for Reconsideration, docket no. 216, is DENIED.
Plaintiffs assert that genuine issues of fact exist about whether Defendant Keystone RV
Company (“Keystone”) engaged in an unfair or deceptive act or practice under
Washington’s Consumer Protection Act (“CPA”) because the information provided by
Keystone “does not define or describe any of the serious health hazards caused by
prolonged occupancy in Keystone RVs.” Mot. for Recon. (docket no. 216 at 1).
Plaintiffs contend that the depositions of Keystone’s Rule 30(b)(6) deponents
demonstrate that Keystone does not provide meaningful information, as “[n]one of them
could explain what Keystone means by its bare reference to health hazards or prolonged
occupancy in the owner’s manual.” Id. (emphasis in original). Keystone’s Rule 30(b)(6)
deponents, however, did not author the warnings given in Keystone’s Owner’s Manual or
on its website, so their lack of knowledge on the warnings in this regard is irrelevant.
Additionally, the warnings speak for themselves and Keystone’s 30(b)(6) deponents
could not make them say anything different even if the deponents had answered questions
to Plaintiffs’ satisfaction. Finally, Plaintiffs’ argument that they could not have

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MINUTE ORDER - 1

Case 3:18-cv-05182-TSZ Document 220 Filed 08/18/21 Page 2 of 2

1 understood the warnings because Keystone’s Rule 30(b)(6) deponents could not explain
the warnings is mere argument, which does not preclude summary judgment.
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(2)
The Clerk is directed to send a copy of this Minute Order to all counsel of
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Dated this 18th day of August, 2021.

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Ravi Subramanian
Clerk

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s/Gail Glass
Deputy Clerk

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MINUTE ORDER - 2