Al-Bustani v. Alger et al

Filing 158

ORDER: The court DISCHARGES its 6/28/2024 order to show cause. Mr. Al-Bustani's claims against Defendants Louis Clyde Holder, Sean B. Alger, and S.B. Alger Studio Productions (together with Mr. Alger, the Alger Defendants) for (1) violations of the Washington Personality Rights Act, and (2) invasion of privacy (false light), are DISMISSED with prejudice. Having disposed of all outstanding claims in this matter, the court VACATES all remaining pre-trial deadlines and the September 23, 2024 t rial date. Mr. Al-Bustani shall file his motion for reasonable attorney's fees and costs by no later than 7/22/2024. The court will enter final judgment after determining the amount of Mr.Al-Bustani's fee award. Signed by Judge James L. Robart. (SS) (cc: Louis Clyde Holder via USPS)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 9 10 AL-HARETH AL-BUSTANI, 11 v. 12 13 ORDER SEAN B. ALGER, et al., Defendants. 14 15 Plaintiff, CASE NO. C22-5238JLR Before the court is Plaintiff Al-Hareth Al-Bustani’s response to the court’s June 16 28, 2024 order to show cause. (OSC Resp. (Dkt. # 157); see also 7/1/24 Order (Dkt. 17 # 156) at 27.) The court ORDERS as follows: 18 19 20 1. The court DISCHARGES its June 28, 2024 order to show cause. (7/1/24 Order at 27.) 2. Mr. Al-Bustani’s claims against Defendants Louis Clyde Holder, Sean B. 21 Alger, and S.B. Alger Studio Productions (together with Mr. Alger, the “Alger 22 Defendants”) for (1) violations of the Washington Personality Rights Act, and ORDER - 1 1 (2) invasion of privacy (false light), are DISMISSED with prejudice. (See 7/1/24 Order 2 at 27 (ordering Mr. Al-Bustani to show cause why the court should not dismiss these 3 claims with prejudice); OSC Resp. at 2 (responding that Mr. Al-Bustani “requests and 4 consents” to the dismissal); see also SAC (Dkt. # 94) at 18-19.) 5 3. Having disposed of all outstanding claims in this matter, the court 6 VACATES all remaining pre-trial deadlines and the September 23, 2024 trial date. (See 7 generally Sched. Order (Dkt. # 137).) 8 4. Mr. Al-Bustani shall file his motion for reasonable attorney’s fees and costs 9 by no later than July 22, 2024, and note the motion in accordance with Local Civil Rule 10 7(d)(3). Local Rules W.D. Wash. LCR 7(d)(3) (governing 21-day motions). (See 7/1/24 11 Order at 25-27 (preliminarily granting Mr. Al-Bustani’s request for attorney’s fees and 12 costs and advising that the court would “direct Mr. Al-Bustani to file his [fee] 13 motion . . . after the court disposes of his outstanding claims”). 14 5. The court notes it has previously awarded Mr. Al-Bustani certain attorney’s 15 fees and costs as a sanction for the Alger Defendants’ violations of the court’s discovery 16 orders. (See 9/22/23 Min. Entry (Dkt. # 110); 10/25/23 Order (Dkt. # 115) at 8-9; see 17 also 2/7/24 Order (Dkt. # 145) at 3 n.1.) Mr. Al-Bustani must ensure his request for 18 reasonable attorney’s fees and costs does not reflect an impermissible double recovery. 19 6. In addition, the court notes it has granted default judgment in Mr. 20 Al-Bustani’s favor against multiple defendants, some of whom are separately liable from 21 one another. (See 7/1/24 Order at 22 (ordering that Defendant James Maiden and Mr. 22 Holder shall each be individually liable for $675,000, whereas the Alger Defendants shall ORDER - 2 1 be jointly and severally liable for $675,000).) The court intends to allocate attorney’s and 2 costs among the defaulted defendants in “the most fair and sensible” manner possible. 3 Keating v. Jastremski, No. 3:15-cv-57-L-AGS, 2021 WL 1195868, at *8 (S.D. Cal. Mar. 4 30, 2021) (quoting Grendel’s Den, Inc. v. Larkin, 749 F.2d 945, 960 (1st Cir. 1984)). 5 Accordingly, Mr. Al-Bustani shall fashion his request for attorney’s fees and costs in a 6 manner that fairly reflects the amount of time attributable to his claims against Mr. 7 Maiden, Mr. Holder, and the Alger Defendants. 8 9 10 7. The court will enter final judgment after determining the amount of Mr. Al-Bustani’s fee award. Dated this 8th day of July, 2024. 11 A JAMES L. ROBART United States District Judge 12 13 14 15 16 17 18 19 20 21 22 ORDER - 3

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