U.S. District Courts - Washington ©   Coverage   Help   Search Westlaw   Topic: AllAntitrust & Trade RegulationCivil RightsCommercial Law & ContractsCriminal JusticeEducationEnergyFamily LawFinance & BankingFirst AmendmentGovernment BenefitsGovernment ContractsHealth & MedicineImmigrationInsuranceIntellectual PropertyLabor & EmploymentLegal EthicsMaritime LawMilitary LawNative Americans LawPension & Retirement BenefitsSecurities & Blue Sky LawTaxationTransportation Roger and Virginia WYANT, Plaintiffs, v. ALLSTATE INDEMNITY COMPANY, Defendant. , W.D.Wash., November 18, 2009 ORDER ON ATTORNEYS' FEES AND COSTS MARSHA J. PECHMAN, District Judge. This matter comes before the Court on Plaintiffs' motions for attorneys' fees and costs. (Dkt.Nos.59, 67.) Having reviewed the motions, Defendant's replies (Dkt.Nos.65, 70), Plaintiffs' responses (Dkt.Nos.68, 73), and having heard oral argument on October 19, 2009 (Dkt. No. 77), the Court hereby GRANTS Plaintiffs' motions for fees with modifications, and GRANTS, in part, and DENIES, in part, their motion for costs. Ba... Tomas GARCIA-GUZMAN, Petitioner(s), v. A. Neil CLARK, Respondent(s). , W.D.Wash., November 18, 2009 ORDER ON REPORT AND RECOMMENDATION MARSHA J. PECHMAN, District Judge. The above-entitled Court, having received and reviewed 1. Report and Recommendation (Dkt. No. 17) 2. Traverse/Objections to Report and Recommendation (Dkt. No. 18) all attached declarations and exhibits, and the remainder of the record, makes the following ruling: IT IS ORDERED that the Report and Recommendation is ADOPTED, Respondent's motion to dismiss is GRANTED, and this matter is DISMISSED. Discussion T... Abdul-kahlif CALHOUN, Petitioner, v. Doug WADDINGTON, Respondent. , W.D.Wash., November 18, 2009 Abdul-Khalif Calhoun, Shelton, WA, pro se. John Joseph Samson, Attorney General's Office, Olympia, WA, for Respondent. ORDER ADOPTING REPORT AND RECOMMENDATION ROBERT J. BRYAN, District Judge. This matter comes before the Court on the Report and Recommendation of U.S. Magistrate Judge J. Richard Creatura. Dkt. 24. The Court has considered the Report and Recommendation and the record herein. The Report and Recommendation throughly discusses the facts and law at issue here, and it s... UNIVERA, INC., a Delaware corporation, Plaintiff, v. John TERHUNE, an individual; Terhune Enterprises, LLC, a Florida limited liability company; Marshall Douglas, an individual; Douglas Enterprises International, LLC, a Florida limited liability co, W.D.Wash., November 18, 2009 Charles S. Wright, Matthew S. Sullivan, Davis Wright Tremaine, Seattle, WA, for Plaintiff. D.J. Poyfair, Paul S. Swedlund, Baker & Hostetler LLP, Denver, CO, David C. Lundsgaard, Graham & Dunn, Seattle, WA, for Defendants. ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT TO COMPEL ARBITRATION RONALD B. LEIGHTON, District Judge. THIS MATTER is before the Court for consideration of Plaintiff's Motion for Partial Summary Judgment to Compel Arbi... Blair ROWLEY, as Personal Representative of the Estate of Christopher Rowley, Deceased, v. USAA LIFE INSURANCE COMPANY, Defendant. , W.D.Wash., November 17, 2009 Jeffrey I. Tilden, Mark A. Wilner, Gordon Tilden Thomas & Cordell LLP, Seattle, WA, for Plaintiff. Timothy David Wackerbarth, June K. Campbell, Lane Powell PC, Seattle, WA, for Defendant. ORDER ON SUMMARY JUDGMENT MARSHA J. PECHMAN, District Judge. This matter comes before the Court on Defendant USAA Life Insurance Company's motion for summary judgment. (Dkt. No. 24.) Having reviewed the motion, Plaintiff's response (Dkt. No. 29), USAA's reply (Dkt. No. 39), and all papers submitted ... SNOHOMISH COUNTY, a political subdivision of the State Of Washington, Plaintiff, v. Gary R. BOWERS, et al., Defendants. , W.D.Wash., November 17, 2009 Gary R. Bowers, Monroe, WA, pro se. Michael G. Pitman, U.S. Department of Justice, Washington, DC, Robert Patrick Brouillard, U.S. Attorney's Office, Seattle, WA, Lianne S. Malloy. Attorney General's Office, Olympia, WA, for Defendants. ORDER GRANTING DEFENDANT STATE OF WASHINGTON'S SECOND MOTION FOR SUMMARY JUDGMENT MARSHA J. PECHMAN, District Judge. THIS MATTER comes before the Court on the State of Washington's second motion for summary judgment to distribute surplus funds from th... Richard T. BROWN, Petitioner/Defendant, v. UNITED STATES of America, Respondent/Plaintiff. , W.D.Wash., November 17, 2009 Richard T. Brown, Sheridan, OR, pro se. Bruce F. Miyake, US Attorney's Office, Seattle, WA, for Respondent/Plaintiff. ORDER RONALD B. LEIGHTON, District Judge. THIS MATTER comes on before the above-entitled Court upon Defendant's Motion Pursuant to 28 U.S.C. § 2255. Having considered the entirety of the records and file herein, the Court finds and rules as follows: I. BACKGROUND On September 24, 2004, Brown was sentenced to 168 months in custody based upon his conditional plea of g... John STONEWALL, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , E.D.Wash., November 17, 2009 ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT JAMES P. HUTTON, United States Magistrate Judge. BEFORE THE COURT are cross-motions for summary judgment noted for hearing without oral argument on October 16, 2009. (Ct.Rec.21, 23). Attorney D. James Tree represents Plaintiff; Special Assistant United States Attorney David R. Johnson represents the Commissioner of Social Security ("Commissioner"). Plaintiff filed a reply brief on September 28, 2009. (Ct.Rec.25.) The parties have cons... Kimberly RUSSO, Plaintiff, v. PUCKETT & REDFORD, PLLC, et al, Defendants. , W.D.Wash., November 17, 2009 ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT MARSHA J. PECHMAN, District Judge. This matter comes before the Court on Plaintiff's motion for partial summary judgment and/or judgment on the pleadings. (Dkt. No. 21.) The Court has considered the motion, the response (Dkt. No. 27), the reply (Dkt. No. 30), and all documents submitted in support thereof. For the reasons set forth below, the Court GRANTS Plaintiff's motion for partial summary judgment, but... Jeffrey D. MILES, in his capacity as Personal Representative of the Estate of Kimberly L. Miles and as legal guardian of B. M., a minor, and J. Miles, a minor, Plaintiff, v. SHANGHAI ZHENHUA PORT OF MACHINERY CO., LTS., Chinese Corporation, ABB Ltd, W.D.Wash., November 17, 2009 ORDER GRANTING IN PART DEFENDANT ABB, LTD.'S MOTION TO COMPEL DISCOVERY FRANKLIN D. BURGESS, District Judge. This matter comes before the Court on Defendant ABB Ltd.'s Motion to Compel Discovery Responses from Plaintiff. The Court, having reviewed the pleadings, is fully informed and hereby sets forth the following discovery order. Prior to getting to the merits of the motion, the Court is compelled to comment on what appears to be an initiation of discovery-related gamesmanship. The Court is... Lenier AYERS, Plaintiff, v. Henry RICHARDS, et al., Defendants. , W.D.Wash., November 16, 2009 Lenier Ayers, Steilacoom, WA, pro se. Donna J. Hamilton, Jessica Lynn Greenwald, William M. Van Hook, Attorney General's Office, Olympia, WA, for Defendants. ORDER DENYING PLAINTIFF'S THIRD MOTION TO COMPEL (DKT.164) AND GRANTING DEFENDANT'S MOTION FOR SANCTIONS (DKT.167) KAREN L. STROMBOM, United States Magistrate Judge. Before the court is Plaintiff's "Third Motion For Previously Requested Public Disclosure" (hereinafter "Third Motion") (Dkt.164) and Defendants' Motion for Sanction... Michael ATKINS, Plaintiff, v. Cathi HARRIS, et al., Defendants. , W.D.Wash., November 16, 2009 ORDER TO AMEND OR SHOW CAUSE KAREN L. STROMBOM, United States Magistrate Judge. This matter has been referred to Magistrate Judge Karen L. Strombom pursuant to 28 U.S.C. § 636(b)(1), Local Rules MJR 3 and 4. Plaintiff has been granted leave to proceed in forma pauperis. Plaintiff is a resident at the Special Commitment Center (SCC). The case is before the Court upon review of Plaintiff's complaint. DISCUSSION The court "may act on its own initiative to note the inadequacy of a complaint... NVER ENTERPRISES, INC. d/b/a Western Motor Coach, a Washington corporation, Plaintiff, v. NEWMAR CORPORATION, a foreign corporation, Defendant. , W.D.Wash., November 16, 2009 ORDER GRANTING DEFENDANT NEWMAR'S MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT FRANKLIN D. BURGESS, District Judge. This matter comes before the Court on cross-motions for summary judgment. The Court, having reviewed the respective motions, responses thereto and replies, is fully informed and finds Defendant Newmar Corporation is entitled to summary judgment of dismissal of Plaintiff's claims in their entirety. Introduction and Background This action i... Richard A. KIRKHAM, Plaintiff, v. J.I. BELFORD, Defendant. , W.D.Wash., November 16, 2009 ORDER OF DISMISSAL RICARDO S. MARTINEZ, District Judge. The Court, having reviewed plaintiff's complaint, defendant's motion for summary judgment, the Report and Recommendation of the Honorable Mary Alice Theiler, United States Magistrate Judge, and the balance of the record, does hereby find and ORDER: (1) The Court adopts the Report and Recommendation; (2) Defendant's motion for summary judgment (Dkt.25) is GRANTED; (3) Plaintiff's complaint and this action are DISMISSED withou... CORBIS CORPORATION, Plaintiff(s), v. INTEGRITY WEALTH MANAGEMENT, INC., Defendant(s). , W.D.Wash., November 16, 2009 ORDER ON DEFENDANT'S MOTION TO DISMISS "BREACH OF CONTRACT" CLAIMS MARSHA J. PECHMAN, District Judge. The above-entitled Court, having received and reviewed 1. Defendant Integrity Wealth Management, Inc.'s Motion to Dismiss "Breach of Contract" Claims Pursuant to Fed.R.Civ.P. 12(b) (6) (Dkt. No. 23) 2. Corbis Corporation's Opposition to Defendant's Motion to Dismiss "Breach of Contract" Claims Pursuant to Fed.R.Civ.P. 12(b) (6) (Dkt. No. 25) 3. Defendant Integrity Wealth Manag... Domingo German MACAVILCA, Plaintiff, v. Warden WIGGEN, et al., Defendants. , W.D.Wash., November 16, 2009 ORDER ADOPTING REPORT AND RECOMMENDATION FRANKLIN D. BURGESS, District Judge. This matter comes before the Court on the recommendation of the Magistrate Judge that Defendant Clark's motion to dismiss Plaintiff's civil rights action be granted. As detailed in the Report and Recommendation, Plaintiff has been given the opportunity to cure the deficiencies in his complaint. Nonetheless, Plaintiff has failed to state a claim a cognizable claim against Defendant Clark. The Court, having reviewe... NEWMONT USA LIMITED and Dawn Mining Co., Plaintiff, v. AMERICAN HOME ASSURANCE CO., et al., Defendants. , E.D.Wash., November 13, 2009 ORDER DENYING IN PART AND GRANTING IN PART PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT JUSTIN L. QUACKENBUSH, Senior District Judge. On October 16, 2009 the court heard telephonic argument on Plaintiffs' Motion for Partial Summary Judgment (Ct.Rec.160). Plaintiffs sought summary judgment that three Defendant insurers breached their duty to defend and that such breaches were in bad faith and violated the Consumer Protection Act. The motion pertains to three Defendant insurance carriers: Co... UNITED STATES of America, Respondent, v. Jose SANCHEZ-CARDENAS, Petitioner. , E.D.Wash., November 13, 2009 James P. Hagarty, U.S. Attorney's Office, Yakima, WA, for Respondent. Adolfo Banda, Jr., Adolfo Banda Law Office, Yakima, WA, for Petitioner. ORDER DENYING 28 U.S.C. § 2255 MOTION LONNY R. SUKO, Chief Judge. Before the Court is Petitioner's 28 U.S.C. § 2255 Motion to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody, filed January 21, 2009 (Ct. Rec. 283 in CR-07-2020-LRS, Ct. Rec. 1, CV-09-3008-LRS). The Motion is submitted by Jose Sanchez-Cardenas, who is appeari... Mildred C. FREESTON, et al., Plaintiffs, v. BISHOP, WHITE & MARSHALL, P.S., et al., Defendants. , W.D.Wash., November 13, 2009 ORDER DENYING PLAINTIFFS' EMERGENCY MOTION FOR A TEMPORARY RESTRAINING ORDER BENJAMIN H. SETTLE, District Judge. This matter comes before the Court on Plaintiffs' Emergency Motion for a Temporary Restraining Order (Dkt.12). The Court has considered the pleadings filed in support of the motion and the remainder of the file and hereby denies the motion for the reasons stated herein. I. PROCEDURAL HISTORY On September 17, 2009, Plaintiffs filed a complaint (Dkt.2) and an Emergency Motion f... Teddy MORRIS, Petitioner, v. Rob McKENNA, Respondent. , W.D.Wash., November 13, 2009 ORDER ADOPTING REPORT AND RECOMMENDATION RONALD B. LEIGHTON, District Judge. The Court having reviewed the Report and Recommendation of the Hon. J. Richard Creatura, United States Magistrate Judge, objections to the Report and Recommendation, if any, and the remaining record, does hereby find and Order: (1) The Court adopts the Report and Recommendation; (2) This petition is DISMISSED WIHTOUT PREJUDICE for the reasons stated in the Report and Recommendation. (3) The clerk is dire... David M. NJENGA, Plaintiff, v. Warden WIGEN, et al., Defendants. , W.D.Wash., November 13, 2009 ORDER ADOPTING REPORT AND RECOMMENDATION ROBERT J. BRYAN, District Judge. This matter comes before the Court on the Report and Recommendation of U.S. Magistrate Judge Karen L. Strombom. Dkt. 26. The Court has considered the Report and Recommendation, objections, if any, and the record herein. The Report and Recommendation throughly discusses the facts and law at issue here, and it should be adopted. The Court hereby FINDS and ORDERS: (1) The court adopts the Report and Recommendatio... Christian DOSCHER, Plaintiff, v. SWIFT TRANSPORTATION CO., INC., Defendant. , W.D.Wash., November 13, 2009 ORDER ON MOTION TO DISMISS ROBERT J. BRYAN, District Judge. This matter comes before the court on Defendant Swift Transportation's Rule 12(b)(5) & (6) Motion to Dismiss. Dkt. 4. The court has considered the relevant documents and the remainder of the file herein. PROCEDURAL HISTORY The plaintiff initiated this case in Thurston County Superior Court on June 23, 2009. Dkt. 1 at 9. The plaintiff has at all times appeared pro se. The plaintiff's complaint alleges three causes of action: def... Willie BANKS, Sr., Plaintiff, v. State of WASHINGTON, et al., Defendants. , W.D.Wash., November 13, 2009 ORDER ADOPTING REPORT AND RECOMMENDATION RONALD B. LEIGHTON, District Judge. The Court, having reviewed the Report and Recommendation of Magistrate Judge Karen L. Strombom, objections to the Report and Recommendation, if any, and the remaining record, does hereby find and ORDER: (1) The Court adopts the Report and Recommendation. (2) Plaintifff's First Amended Complaint (Dkt.10) is dismissed without prejudice, and the dismissal counted as a strike pursuant to 28 U.S.C.1915(g). (3) The C... Jody Lynn SCANLON, Plaintiff, v. LIFE INSURANCE COMPANY OF NORTH AMERICA, Defendant. , W.D.Wash., November 13, 2009 Frederick P. Langer, Michael E. Nelson, Nelson Langer & Nelson, Renee Lynn Grant Bluechel, Lane Powell PC, Seattle, WA, for Plaintiff. Charles C. Huber, D. Michael Reilly, Renee Lynn Grant Bluechel, Steven Douglas Jensen, Lane Powell PC, Seattle, WA, for Defendant. ORDER JOHN C. COUGHENOUR, District Judge. This matter comes before the Court on Defendant's motion for summary judgment (Dkt. No. 54), and Plaintiff's motion for partial summary judgment. (Dkt. No. 65). The Court has consider... CONFEDERATED TRIBES OF the CHEHALIS RESERVATION, et al., Plaintiffs, v. THURSTON COUNTY BOARD OF EQUALIZATION, et al., Defendants. , W.D.Wash., November 12, 2009 ORDER ON JOINT SUBMISSION BENJAMIN H. SETTLE, District Judge. This matter comes before the Court on the parties' CR 37 Joint Submission (Dkt.84). In that submission, Plaintiffs include a motion to compel, Defendants include a motion for protective order, and both parties seek reasonable expenses and attorneys' fees. Id . The Court has considered the submission and the remainder of the file and hereby denies the motions for the reasons stated herein. I. PROCEDURAL BACKGROUND On September... Gia L. LAWS, Plaintiff, v. CITY OF SEATTLE, et al., Defendants. , W.D.Wash., November 12, 2009 ORDER JAMES L. ROBART, District Judge. I. INTRODUCTION This matter comes before the court on Plaintiff Gia L. Laws's motion for partial summary judgment (Dkt.# 25). Ms. Laws asks the court to declare RCW 4.24.350 (2) unconstitutional under the United States Constitution and the Washington State Constitution. Similar challenges to RCW 4.24.350(2) have already been considered and rejected by four district court judges of the Western District of Washington. Having reviewed the motion, as we... Gerard J. NG, Plaintiff, v. John E. POTTER, Postmaster General, Defendant. , W.D.Wash., November 12, 2009 ORDER THOMAS S. ZILLY, District Judge. THIS MATTER comes before the Court on Defendant's Motion to Dismiss Plaintifffs Hostile Work Environment Claim, dkt. 10. Having considered the papers filed in support of and in opposition to the motion, the declarations and exhibits attached thereto, including the EEO Complaint of Discrimination, the USPS Acceptance for Investigation letter, and the Final Agency Decision, and having heard oral argument on November 3, 2009, the Court enters the follow... Anthony Eugene LEWIS, Plaintiff, v. KING COUNTY, Defendant. , W.D.Wash., November 12, 2009 ORDER DISMISSING § 1983 ACTION JOHN C. COUGHENOUR, District Judge. The Court, having reviewed the Report and Recommendation of the Honorable Mary Alice Theiler, United States Magistrate Judge, and the balance of the record, does hereby find and ORDER: (1) The Court adopts the Report and Recommendation; (2) Plaintiff's Motion for Summary Judgment (Dkt. No. 56) is DENIED, Defendant's Motion for Summary Judgment (Dkt. No. 50) is GRANTED, and this case is DISMISSED with prejudice; (3... William Michael KRAL, Plaintiff, v. BENTON COUNTY, Defendant. , E.D.Wash., November 10, 2009 ORDER GRANTING DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT, INTER ALIA ROBERT H. WHALEY, District Judge. Before the Court is Defendant's Motion for Partial Summary Judgment, seeking judgment as a matter of law on Plaintiff's claims against Benton County District Court and under the Washington Law Against Discrimination (WLAD). The motion was filed on August 4, 2009, making Plaintiff's response due eleven calendar days later. On September 18, 2009, Plaintiff filed a Motion to Continue (Ct.... Bill M. OGAN, Plaintiff, v. Matthew MILHOLLAND and David Inch, Defendants. , E.D.Wash., November 10, 2009 ORDER DENYING PLAINTIFF'S MOTIONS FOR A PROTECTIVE ORDER ROBERT H. WHALEY, District Judge. Before the Court are Plaintiff's Motion for Preliminary Injunction (Ct.Rec.130), Motions to Protect and Seal Civil Case (Ct. Recs. 134 and 138), and Motion to Strike Defendants' Untimely Response to Plaintiff's Request for Injunctive Relief (Ct.Rec.148). These motions were heard without oral argument. Plaintiff filed a handwritten motion (construed as a motion for a preliminary injunction) the day o... Patrick CALLIARI, Plaintiff, v. SARGENTO FOODS, INC., Defendant/Counterclaim Plaintiff, v. Patrick Calliari, et al., Counterclaim Defendants. , W.D.Wash., November 10, 2009 ORDER ON MOTIONS FOR PARTIA SUMMARY JUDGMENT MARSHA J. PECHMAN, District Judge. This matter comes before the Court on three separate motions for partial summary judgment. Defendant and Counterclaim Plaintiff Sargento has filed a motion for partial summary judgment on the issue of a "rebuttable presumption" contained the in the parties' Stock Purchase Agreement. (Dkt. No. 56.) Counterclaim Defendants have filed motions for partial summary judgment seeking dismissal of portions of Count One and... John J. VAN BUSKIRK, et al., Plaintiffs, v. CONOCOPHILLIPS, INC., a foreign corporation; and Intalco Aluminum Corporation, a foreign corporation, Defendants. , W.D.Wash., November 10, 2009 ORDER JOHN C. COUGHENOUR, District Judge. This matter comes before the Court on Defendants' motions for summary judgment (Dkt. Nos. 64 & 65), Plaintiffs' response (Dkt. No. 78), and Defendants' replies (Dkt. Nos. 81 & 83). Also before the Court are Plaintiffs' (Dkt. No. 88) and Defendants' (Dkt. No. 89) supplemental briefing requested by the Court in light of the Ninth Circuit's recent decision in United States v. Milner, 583 F.3d 1174, 2009 WL 3260528, at *2 (9th Cir.). Having considered... James Philip DOUGLAS, Plaintiff, v. PIERCE COUNTY, et al., Defendants. , W.D.Wash., November 10, 2009 ORDER ADOPTING REPORT AND RECOMMENDATION BENJAMIN H. SETTLE, District Judge. This matter comes before the Court on the Report and Recommendation of the Honorable Karen L. Strombom, United States Magistrate Judge (Dkt.14). The Court having considered the Report and Recommendation and the remaining record, and no objections by Plaintiff having been filed, does hereby find and order: (1) The Court adopts the Report and Recommendation; and (2) This action is DISMISSED because Defendant'... Todd COLLINS, et al., Plaintiff(s), v. GEE WEST SEATTLE, LLC, Defendant(s). , W.D.Wash., November 10, 2009 Michael C. Subit, Steven Bert Frank, Frank Freed Subit & Thomas, Seattle, WA, for Plaintiff(s). Bryan C. Graff, Gulliver A. Swenson, Richard P. Lentini, Ryan Swanson & Cleveland, Seattle, WA, for Defendant(s). ORDER ON CROSS-MOTIONS FOR PARTIAL SUMMARY JUDGMENT: VOLUNTARY DEPARTURE MARSHA J. PECHMAN, District Judge. The above-entitled Court, having received and reviewed 1. Plaintiffs' Motion for Partial Summary Judgment on Voluntary Departure (Dkt. No. 26) 2. Defendant's Res... Christopher S. JOHNSON, Plaintiff, v. Kenneth QUINN, [FN1] Superintendent, Monroe Correctional Complex, Defendant. FN1. Mr. Scott Frakes is now the Superintendent of the Monroe Correctional Complex; therefore, the Court substitutes him as re, W.D.Wash., November 10, 2009 ORDER JOHN C. COUGHENOUR, District Judge. This matter comes before the Court on the Report and Recommendation ("R & R") of Magistrate Judge James P. Donohue (Dkt. No. 30), and Petitioner's Objections (Dkt. No. 32). Having thoroughly considered the parties' briefing and the relevant record, the Court finds oral argument unnecessary and hereby ADOPTS the R & R, DENIES the underlying habeas petition (Dkt. No. 1), and DISMISSES the case with prejudice, for the reasons explained herein. I. BA... Wesley E. TROGLIA, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , E.D.Wash., November 9, 2009 ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT JAMES P. HUTTON, United States Magistrate Judge. BEFORE THE COURT are cross-motions for summary judgment noted for hearing without oral argument on October 2, 2009. (Ct.Rec.13, 16). Attorney Maureen J. Rosette represents Plaintiff; Special Assistant United States Attorney Benjamin J. Groebner represents the Commissioner of Social Security ("Commissioner"). Plaintiff filed a reply brief on September 17, 2009. (Ct.Rec.18.) The parties h... The NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY, a foreign corporation, Plaintiff, v. Richard L. KOCH, an individual, Defendant. , W.D.Wash., November 9, 2009 ORDER GRANTING DEFENDANT'S MOTION FOR TRIAL BY JURY ON THE ISSUE OF PUNITIVE DAMAGES BENJAMIN H. SETTLE, District Judge. This matter comes before the Court on Defendant's Motion for Trial by Jury on the Issue of Punitive Damages. Dkt. 26. The Court has considered the pleadings filed in support of and in opposition to the motion and the remainder of the file and hereby grants the motion for the reasons stated herein. I. FACTUAL AND PROCEDURAL BACKGROUND On June 23, 2008, Plaintiff filed ... The NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY, a foreign corporation, Plaintiff, v. Richard L. KOCH, an individual, Defendant. , W.D.Wash., November 9, 2009 ORDER DENYING PLAINTIFF'S MOTION FOR RECONSIDERATION OF PARTIAL SUMMARY JUDGMENT BENJAMIN H. SETTLE, District Judge. This matter comes before the Court on Plaintiff's Motion for Reconsideration (Dkt.77). The Court has considered the pleadings filed in support of and in opposition to the motion and the remainder of the file and hereby denies Plaintiff's motion for the reasons stated herein. I. PROCEDURAL HISTORY On September 3, 2009, Plaintiff filed a motion for partial summary judgment.... WARM BROTHERS, INC a Washington Corporation, Plaintiff, v. NORTH EAST HARDWOOD FLOORING, Inc., et.al, Defendants. , W.D.Wash., November 9, 2009 CORRECTED ORDER GRANTING PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT AGAINST DEFENDANT NORTH EAST HARDWOOD FLOORING, INC. RONALD B. LEIGHTON, District Judge. The Court has considered the evidence and points and authorities presented in Plaintiff's Motion for Default Judgment Against Defendant North East Hardwood Flooring, Inc. ("North East") ("Plaintiff's Motion"), as well as the Complaint and the documents on file herein leading to the entry of North East's default, Dkt # 9, August 12, 2009. Bas... Zaurbek GUKETLOV, et al., Plaintiffs, v. HOMEKEY MORTGAGE, LLC, et al., Defendants. , W.D.Wash., November 9, 2009 ORDER JAMES L. ROBART, District Judge. This matter comes before the court on Defendant WMC Mortgage, LLC's ("WMC") motion to dismiss (Dkt.# 8). [FN1] The parties have not requested oral argument. Having reviewed the materials submitted by the parties, and for the reasons set forth below, the court GRANTS WMC's motion to dismiss (Dkt. # 8), but GRANTS Plaintiffs leave to amend their complaint with respect to their Washington Consumer Protection Act and fraud claims. FN1. Defendant... James S. GORDON, et. al., Plaintiffs, v. COMMONWEALTH MARKETING GROUP, INC., et. al., Defendants. v. IMG Associates, LLC, Third Party Defendants. , E.D.Wash., November 9, 2009 James S Gordon, Jr., Pasco, WA, for Plaintiff. Amit D. Ranade, Alexander M. Wu, Hillis Clark Martin & Peterson, Seattle, WA, for Defendant. Victor J. Torres, Gordon Thomas Honeywell, LLP, Tacoma, WA, for Thirdparty Defendant. ORDER GRANTING SUMMARY JUDGMENT FOR DEFENDANTS LONNY R. SUKO, Chief Judge. BEFORE THE COURT were various motions, including Defendants' Motion for Summary Judgment. A telephonic hearing was held October 30, 2009. Plaintiff James Gordon participated pro se; Am... Michael Steven NOVAK, Plaintiff, v. James THATCHER, Defendant. , W.D.Wash., November 9, 2009 ORDER ADOPTING REPORT AND RECOMMENDATION BENJAMIN H. SETTLE, District Judge. This matter comes before the Court on the Report and Recommendation of the Honorable J. Richard Creatura, United States Magistrate Judge (Dkt.44). The Court having considered the Report and Recommendation and the remaining record, and no objections by Plaintiff having been filed, does hereby find and order: (1) The Court adopts the Report and Recommendation; and (2) This action is DISMISSED because Defendan... Dennis R. HOPKINS, Plaintiff, v. Jeff PLANICH, et al., Defendants. , W.D.Wash., November 9, 2009 ORDER ADOPTING REPORT AND RECOMMENDATION DISMISSING ACTION FOR FAILURE TO STATE A CLAIM FRANKLIN D. BURGESS, District Judge. This matter comes before the Court on the recommendation of the Magistrate Judge that Plaintiff's civil rights complaint be dismissed for failure to state a claim. As detailed by the Report and Recommendation Plaintiff was carefully instructed as to the elements of a 42 U.S.C. § 1983 action and given an opportunity to amend his complaint to correct the deficiencies. Non... BANK OF AMERICA, Plaintiff, v. TRAVELERS INDEMNITY COMPANY, et al., Defendants. , W.D.Wash., November 9, 2009 ORDER DENYING PLAINTIFF'S MOTION TO DISMISS OR, IN THE ALTERNATIVE, STAY ROBERT S. LASNIK, District Judge. This matter comes before the Court on "Plaintiff's Motion to Dismiss or, in the Alternative, Stay Wausau's Declaratory Judgment Claim." Dkt. # 206. Plaintiff argues that Wausau Underwriters Insurance Company's declaratory judgment action should not be allowed to go forward because (1) further prosecution of the action would--or could--violate the duty of good faith Wausau owes to its... HARBOR COLD STORAGE, LLC, Plaintiff, v. STRAWBERRY HILL, LLC, Defendant. , W.D.Wash., November 9, 2009 ORDER JAMES L. ROBART, District Judge. I. INTRODUCTION This matter comes before the court on Defendant Strawberry Hill, LLC's ("Strawberry Hill") motion to dismiss (Dkt.# 12) and Plaintiff Harbor Cold Storage, LLC's ("Harbor") motion for preliminary injunction (Dkt.# 3). Having considered the motions, as well as all papers filed in support and opposition, and having heard oral argument, the court GRANTS the motion to dismiss (Dkt. # 12) for lack of personal jurisdiction and DENIES the mot... Oliver WANG, et al., Petitioners, v. UNITED STATES of America, Respondent. , W.D.Wash., November 9, 2009 ORDER GRANTING MOTION TO DISMISS ROBERT S. LASNIK, District Judge. I. INTRODUCTION This matter comes before the Court on a motion to dismiss filed by respondent, the United States of America, and on a petition to quash summonses filed by petitioners, Oliver and Li-Hwa Wang, a married couple. For the reasons set forth below, the Court grants the government's motion. II. DISCUSSION In March 2009, the Internal Revenue Service ("IRS") issued summonses to third party Costco Wholesale Corporat... WINEPRESS PUBLISHING d/b/a Pleasant Word, Plaintiff, v. Mark LEVINE, Defendant. , W.D.Wash., November 9, 2009 ORDER RICHARD A. JONES, District Judge. I. INTRODUCTION This matter comes before the court on Defendant Mark Levine's motion for summary judgment. Dkt. # 8. Mr. Levine requested oral argument; Plaintiff WinePress Publishing, which does business as "Pleasant Word" did not. The court finds this motion suitable for disposition based solely on the parties' briefing and supporting evidence. For the reasons stated below, the court GRANTS Mr. Levine's motion, dismisses this action, and directs th... Tammie C. RICHARD, Plaintiff, v. Cecil KELSEY a single man; Alaska Vehicle Transport, a division of United Road Services, Inc., a Delaware corporation., Defendants. , W.D.Wash., November 9, 2009 ORDER DENYING MOTION FOR RECONSIDERATION FRANKLIN D. BURGESS, District Judge. This matter comes before the Court on Plaintiff's motion for reconsideration of Defendants' motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(6) for failure to commence suit within the applicable statute of limitations. The Court, having reviewed the motion and response, is fully informed and denies the motion for reconsideration. Thus, the Defendants are entitled to dismissal of Plaintiff's claims with prejudice... Jason KINSFATHER, Plaintiff, v. PIERCE COUNTY, Stephen Thomas Morales, Defendant. , W.D.Wash., November 9, 2009 ORDER RONALD B. LEIGHTON, District Judge. THIS MATTER comes on before the above-entitled Court upon Plaintiff's Motion for Reconsideration [Dkt. # 31]. Having considered the entirety of the records and file herein, the Court finds and rules as follows: Plaintiff seeks reconsideration of this Court's Order Adopting the Report and Recommendation of Magistrate Judge J. Richard Creatura dismissing Pierce County from this lawsuit. The record reflects the Order was entered on July 24, 2009 a... UNITED STATES of America, Plaintiff, v. Aaron E. BROWN, Defendant. , W.D.Wash., November 9, 2009 Andrew C. Friedman, Carl H. Blackstone, US Attorney's Office, Seattle, WA, for Plaintiff. Judith M. Mandel, Port Orchard, WA, for Defendant. ORDER RONALD B. LEIGHTON, District Judge. THIS MATTER comes on before the above-entitled Court upon Defendant's Motion Pursuant to 28 U.S.C. § 2255. Having considered the entirety of the records and file herein, the Court finds and rules as follows: On March 17, 2004 the defendant pled guilty to being a felon in possession of a firearm. After... Devon S. SHELLEY, an individual person, Plaintiff, v. Pete GEREN, Secretary of the Army, United States Army Corp of Engineers, Agency, Defendant. , E.D.Wash., November 6, 2009 ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT ROBERT H. WHALEY, District Judge. Before the Court is Defendant's Motion for Summary Judgment, seeking judgment on Plaintiff's sole cause of action: age discrimination in violation of the Age Discrimination in Employment Act of 1991 ("ADEA"), 29 U.S.C. §§ 621-634. Also pending is Defendant's Motion in Limine (Ct.Rec.32), which is rendered moot by the Court's decision to grant Defendant's dispositive motion. FACTS Unless otherwise not... WAPATO HERITAGE, LLC, Plaintiff, v. UNITED STATES of America United States Department of the Interior; and United States Bureau of Indian Affairs, Defendants. , E.D.Wash., November 6, 2009 ORDER GRANTING DEFENDANTS' MOTION TO DISMISS AND ALTERNATIVELY MOTION FOR SUMMARY JUDGMENT ROBERT H. WHALEY, District Judge. Before the Court is Defendants' Motion to Dismiss and Alternatively Motion for Summary Judgment (Ct.Rec.68). This motion was heard without oral argument. The Court previously granted Defendants' partial motion for summary judgment, finding that Plaintiff had not validly renewed a Master Lease for a parcel of trust land named Moses Allotment No. 8, also known as India... WESTPORT INSURANCE CORPORATION, Plaintiff, v. The MARKHAM GROUP, INC., P.S. Mark Kamitomo, and Raihel Naidu, Individually and as Personal Representation of the Estate of James L. Overcash, Defendants. , E.D.Wash., November 6, 2009 ORDER GRANTING PLAINTIFF'S MOTION TO DISMISS COUNTERCLAIM ROBERT H. WHALEY, District Judge. Before the Court is Plaintiff's Motion to Dismiss Counterclaim (Ct.Rec.53). The motion was heard without oral argument. In this action, Plaintiff Westport Insurance Corporation filed a declaratory action seeking to have this Court declare that it does not have a duty to defend or indemnify the Markham Group, Inc., P.S. and Mark Kamitomo in connection with an alleged legal malpractice claim of Racha... ADVOCARE INTERNATIONAL, L.P., a Texas limited partnership, Plaintiff, v. Richard Paul SCHECKENBACH, et al., Defendants. , W.D.Wash., November 6, 2009 Alex Isa Poust, Schwabe Williamson & Wyatt, Portland, OR, C. Brenton Kugler, Charlene Koonce, Scheef & Stone LLP, Dallas, TX, for Plaintiff. David Ryan Ebel, Schwabe Williamson & Wyatt, Seattle, WA. Thomas W. Hayton, Philip Edgerton Cutler, Robert G Nylander, Jr., Cutler Nylander & Hayton, James H. Jordan, Jr., Miller Nash, Seattle, WA, for Defendants. ORDER DENYING BROWN DEFENDANTS' MOTION FOR SUMMARY JUDGMENT RONALD B. LEIGHTON, District Judge. 1. Summary. THIS MATTER comes befo... Keith O. FRANCIS, Plaintiff, v. J.C. PENNEY CORPORATION, INC.; Universal Debt Solutions, Inc.; a Georgia Corporation; and P.N. Financial, Inc., an Illinois Corporation, Defendants. , W.D.Wash., November 6, 2009 Justin D. Bristol, Tacoma, WA, for Plaintiff. ORDER OF DEFAULT FRANKLIN D. BURGESS, District Judge. This matter comes before the Court on Plaintiff's motion for Order of Default and Default Judgment against Defendants Universal Debt Solutions, Inc., and P.N. Financial, Inc. The Court, having reviewed the motion and the record herein, finds that Plaintiff is entitled to entry of default. Plaintiff's motion for default judgment is premature and thus, denied. Introduction and Background ... Jian Yuan ZHEN, Petitioner, v. Janet NAPOLITANO, Secretary of the Department of Homeland Security, et al., Respondents. , W.D.Wash., November 6, 2009 ORDER OF DISMISSAL JAMES L. ROBART, Chief Judge. The Court, having reviewed petitioner's Petition for Writ of Habeas Corpus, respondents' Return Memorandum and Motion to Dismiss, the Report and Recommendation of the Honorable Brian A. Tsuchida, United States Magistrate Judge, and the Objections there to, and the remaining record, finds and Orders as follows: 1. The Court adopts the Report and Recommendation; 2. Petitioner's Petition for Writ of Habeas Corpus (Dkt.2) is DENIED, respo... PRINCIPAL LIFE INSURANCE COMPANY, Plaintiff, v. Joseph Stephen DE VITA, III, Deborah De Vita Olnick, Joan De Vita and Christina De Vita, Defendants. Joan De Vita, Defendant/Third-Party Plaintiff Joseph Stephen De Vita, III, Deborah De Vita Olnick, W.D.Wash., November 5, 2009 ORDER JOHN C. COUGHENOUR, District Judge. This matter comes before the Court on Third-Party Plaintiff Joan De Vita's Motion for Summary Judgment (Dkt. No. 21); Third-Party Defendant Joseph Stephen De Vita, III, and Deborah De Vita Olnick's Cross-Motion for Summary Judgment (Dkt. No. 22); the parties' Responses, including Christina De Vita's Response, (Dkt.Nos.24, 25, 27); and the parties' Replies (Dkt. No. 29-30). Having thoroughly considered these papers, as well as the associated files ... UNIVERA, INC., a Delaware corporation, Plaintiff, v. John TERHUNE, an individual; Terhune Enterprises, LLC, a Florida limited liability company; Marshall Douglas, an individual; Douglas Enterprises International, LLC, a Florida limited liability co, W.D.Wash., November 5, 2009 ORDER DENYING PLAINTIFF'S MOTION TO DISQUALIFY RONALD B. LEIGHTON, District Judge. THIS MATTER is before the Court for consideration of Plaintiff's Motion to Disqualify [Dkt. # 31] and Defendants' Motion to Allow Limited, Expedited Discovery and an Evidentiary Hearing on the Motion to Disqualify [Dkt. # 41]. For the following reasons, the Motion to Disqualify is DENIED. The Motion to Allow Discovery is DENIED. Background In 2006, Defendants' attorney D.J. Poyfair of Shughart Tomson & Ki... John R. PRUKOP, Plaintiff, v. KING COUNTY SHERIFF, and Metropolitan King County, a Municipal Corporation, Defendants. , W.D.Wash., November 5, 2009 ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT RICARDO S. MARTINEZ, District Judge. I. INTRODUCTION This matter comes before the Court on Defendants' Motion for Summary Judgment (Dkt.# 35). Plaintiff brings this action for age discrimination in violation of the Age Discrimination in Employment Act ("ADEA") and civil rights violations under 42 U.S.C. § 1983 and 18 U.S.C. § 1951. Defendants argue that summary judgment should be granted in their favor because there is no private right... Augustine BUSTOS-CHAVEZ, Plaintiff, v. George Paul TREJO Jr., Defendant. , W.D.Wash., November 5, 2009 ORDER RONALD B. LEIGHTON, District Judge. The Court, having reviewed plaintiff's complaint, the Report and Recommendation of Magistrate Judge J. Richard Creatura, objections to the report and recommendation [Dkt. # 11], and the remaining record, does hereby find and ORDER: (1) The Court adopts the Report and Recommendation; (2) Plaintiff's claims and causes of action are dismissed. This dismissal counts as a strike pursuant to 28 U.S.C.1915(g), and; (3)The Clerk is directed to se... Derrick KIRKWOOD, Petitioner, v. Pat GLEBE, Respondent. , W.D.Wash., November 5, 2009 ORDER ADOPTING REPORT AND RECOMMENDATION RONALD B. LEIGHTON, District Judge. The Court, having reviewed the Report and Recommendation, Petitioner's application to proceed in forma pauperis and the remaining record, hereby finds and ORDERS: (1) the Magistrate Judge's Report and Recommendation is approved and adopted; (2) Petitioner's application to proceed in forma pauperis (Dkt.1) is DENIED; and (3) the Clerk is directed to send copies of this Order to Petitioner. REPORT AND RECOM... James Philip DOUGLAS, Petitioner, v. Judges Bryan CHUSCOFF; Judge Lisa Worswick; and Pierce County Executive Pat McCarthy, Respondents. , W.D.Wash., November 5, 2009 ORDER OVERRULING PLAINTIFF'S OBJECTIONS AND ADOPTING REPORT AND RECOMMENDATION BENJAMIN H. SETTLE, District Judge. This matter comes before the Court on the Report and Recommendation of the Honorable J. Richard Creatura, United States Magistrate Judge (Dkt.11) and Petitioner's objections to the Report and Recommendation (Dkt.12). On August 4, 2009, Petitioner filed a motion for leave to proceed in forma pauperis. Dkt. 1. On September 16, 2009, the Magistrate Judge entered an order gran... David Allen HAWKINS, Petitioner, v. Eldon VAIL, Respondent. , W.D.Wash., November 5, 2009 ORDER RONALD B. LEIGHTON, District Judge. The Court, having reviewed the petition, the Report and Recommendation of the Hon. J. Richard Creatura, United States Magistrate Judge, objections to the Report and Recommendation, if any, and the remaining record, does hereby find and Order: (1) The Court adopts the Report and Recommendation; (2) The application to proceed in forma pauperis is DENIED; and (3) the Clerk is directed to send copies of this Order to petitioner and to counsel... Abdul Mujaahid SIDDIQ, Petitioner, v. Ron Van BOENING, Respondent. , W.D.Wash., November 4, 2009 ORDER DENYING PETITIONER'S HABEAS PETITION WITH PREJUDICE THOMAS S. ZILLY, District Judge. The Court, having reviewed petitioner's petition for writ of habeas corpus, respondent's answer thereto, the Report and Recommendation of Mary Alice Theiler, United States Magistrate Judge, and the remaining record, does hereby find and Order: (1) The Court adopts the Report and Recommendation; (2) Petitioner's habeas petition and this action are DISMISSED, with prejudice; and (3) The Cl... Robert BONDS, Petitioner, v. Eldon VAIL, et al., Respondents. , W.D.Wash., November 4, 2009 ORDER ADOPTING REPORT AND RECOMMENDATION AND GRANTING CERTIFICATE OF APPEALABILITY ROBERT J. BRYAN, District Judge. The Court, having reviewed the petition for writ of habeas corpus, the response, the Report and Recommendation of Magistrate Judge Karen L. Strombom (Dkt.13), objections to the Report and Recommendation (Dkt.14), and the remaining record, does hereby find and ORDER: (1) The Court ADOPTS the Report and Recommendation (Dkt.13). A de novo review of the record shows that peti... James MOODY, Plaintiff, v. Scott FRAKES, Defendant. , W.D.Wash., November 4, 2009 ORDER ADOPTING REPORT AND RECOMMENDATION ROBERT J. BRYAN, District Judge. This matter comes before the Court on the Report and Recommendation of U.S. Magistrate Judge Karen L. Strombom. Dkt. 16. The Court has considered the Report and Recommendation, objections, if any, and the record herein. The Report and Recommendation thoroughly discusses the facts and law at issue here. Dkt. 16. After conviction of assault in the first degree by the Pierce County Superior Court, the petitioner was... UNITED STATES of America, Plaintiff, v. Leonard Joseph FERRIS, Defendant. , E.D.Wash., November 4, 2009 Gina M. Costello, Costello & McBurns, Spokane, WA, for Defendant. Joseph H. Harrington, U.S. Attorney's Office--SPO, Spokane, WA, for Plaintiff. DECISION AND ORDER LONNY R. SUKO, Chief Judge. BEFORE THE COURT at the telephonic hearing on October 23, 2009 is Canadian Broadcasting Corporation's ("CBC") Motion to Intervene and Motion to Unseal Document, Ct. Rec. 40, filed October 5, 2009; and the government's Motion for In Camera Review and Sealing of Ex Parte Affidavit of Joseph Harrington... Hassan Tariq ALI, Plaintiff, v. Michael ASTRUE, Commissioner of the Social Security Administration, Defendant. , W.D.Wash., November 3, 2009 ORDER REVERSING AND REMANDING CASE FOR AWARD OF BENEFITS RICHARD A. JONES, District Judge. The Court has considered the Report and Recommendation (Dkt.# 22) of the Honorable Brian A. Tsuchida, United States Magistrate Judge. The Report and Recommendation recommends that this action be remanded to an administrative law judge for an award of benefits. The Commissioner has not objected to the Report and Recommendation, which the court takes as an indication that the Commissioner does not oppose ... Erik M. BREWITT, v. Michael J. ASTRUE, Commissioner of Social Security Administration, Defendant. , W.D.Wash., November 3, 2009 ORDER ADOPTING REPORT AND RECOMMENDATION ROBERT J. BRYAN, District Judge. This matter comes before the Court on the Report and Recommendation of Magistrate Judge J. Richard Creatura (Dkt.17). The Court has reviewed the Report and Recommendation, objections to the Report and Recommendation, the administrative record, and remainder of the file herein. I. FACTUAL BACKGROUND AND PROCEDURAL HISTORY On December 28, 2004, Erik Brewitt filed an application for SSI disability benefits. Dkt. 17, ... Christina KELLETT, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , E.D.Wash., November 3, 2009 ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND REMANDING FOR ADDITIONAL PROCEEDINGS PURSUANT TO SENTENCE FOUR 42 U.S.C. § 405(g) CYNTHIA IMBROGNO, United States Magistrate Judge. BEFORE THE COURT are cross-Motions for Summary Judgment (Ct.Rec.17, 22.) Attorney D. James Tree represents Plaintiff; Special Assistant United States Attorney Kathryn A. Miller represents Defendant. The parties have consented to proceed before a magistrate judge. (Ct.Rec.8.) After reviewing the administra... UNIVERA, INC., a Delaware corporation, Plaintiff, v. John TERHUNE, an individual; Patricia Terhune, an individual; Terhune Enterprises, LLC, a Florida limited liability company; Marshall Douglas, an individual; Diana Douglas, an individual; Douglas, W.D.Wash., November 3, 2009 ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS OR ALTERNATIVELY TO TRANSFER VENUE RONALD B. LEIGHTON, District Judge. THIS MATTER comes before the Court on the Defendants' Motion to Dismiss or Alternatively to Transfer Venue [Dkt. # 11]. The Court has reviewed the materials submitted in support of and opposition to the motion. Oral argument is not necessary for the Court to resolve the issues presented by the motion. For the reasons discussed below, Defendants' m... Vernon ELKINS, Jr., Plaintiff, v. NORTH SEATTLE COMMUNITY COLLEGE, et al., Defendants. , W.D.Wash., November 3, 2009 ORDER GRANTING MOTION FOR SUMMARY JUDGMENT ROBERT S. LASNIK, District Judge. I. INTRODUCTION This matter comes before the Court on a motion for summary judgment filed by defendants North Seattle Community College ("NSCC" or the "college"), Ronald LaFayette, David Bittenbender, Bruce Kieser, and Jason Francois (collectively, "defendants"). [FN1] Defendants request that the Court dismiss all claims filed by NSCC employee Vernon Elkins, Jr., who asserts various claims arising out of his emplo... Susan PEARCE, Plaintiff(s), v. Michael ASTRUE, Defendant(s). , W.D.Wash., November 3, 2009 ORDER RE: REPORT and RECOMMENDATION MARSHA J. PECHMAN, District Judge. The above-entitled Court, having received and reviewed 1. Report and Recommendation (Dkt. No. 13) 2. Objections to Report and Recommendation (Dkt. No. 14) all attached declarations and exhibits and the administrative record filed in the above- entitled matter, the Court declines to adopt the Magistrate Judge's Report and Recommendation and instead makes the following ruling: IT IS ORDERED that the matter be RE... Antolin Andrew MARKS, Plaintiff, v. Mark GILES, et al., Defendants. , W.D.Wash., November 3, 2009 ORDER ADOPTING REPORT AND RECOMMENDATION ROBERT J. BRYAN, District Judge. This matter comes before the Court on the Report and Recommendation of U.S. Magistrate Judge J. Richard Creatura. Dkt. 71. The Court has considered the Report and Recommendation, objections to the Report and Recommendation, if any, and the record. Plaintiff filed this 42 U.S.C.1983/Bivens action on October 17, 2007. Dkt. 1. At the time he filed suit, Plaintiff was incarcerated at the Northwest Detention Center ("... Wade B. COOK, Petitioner, v. UNITED STATES of America, Respondent. , W.D.Wash., November 3, 2009 ORDER DENYING PETITIONER'S HABEAS PETITION WITH PREJUDICE THOMAS S. ZILLY, District Judge. The Court, having reviewed petitioner's petition for writ of habeas corpus, respondent's answer thereto, the Report and Recommendation of Mary Alice Theiler, United States Magistrate Judge, and the remaining record, does hereby find and Order: (1) The Court adopts the Report and Recommendation; (2) Petitioner's habeas petition and this action are DISMISSED, with prejudice; and (3) The Clerk... INDYMAC VENTURE, LLC, Plaintiff, v. SILVER CREEK CROSSING, LLC, et al., Defendants. Silver Creek Crossing, LLC, et al., Plaintiffs, v. Indymac Venture, LLC, et al., Defendants. , W.D.Wash., November 3, 2009 ORDER THOMAS S. ZILLY, District Judge. THIS MATTER comes before the Court on various motions filed in the two cases captioned above. Having reviewed all papers filed in support of and in opposition to each motion, the Court now enters the following Order. Background In Case No. C09-1069Z, IndyMac Venture, LLC ("Lender") sues Silver Creek Crossing, LLC ("Borrower"), as well as Derek L. Brown & Associates, Inc., DLB & Associates, LLC, and Derek L. Brown (collectively, "Guarantors"), [FN1... Thomas W. SEITER, Plaintiff, v. YOKOHAMA TIRE CORPORATION, a Delaware Corporation, Defendant. , W.D.Wash., November 3, 2009 Gregory D. Ferguson, William Macke, Law Offices of Gregory D. Ferguson, Vancouver, WA, for Plaintiff. James Kurek, Millisor & Nobil Co LPA, Broadview Heights, OH, Kenneth J. Diamond, Winterbauer & Diamond, Seattle, WA, for Defendant. ORDER GRANTING DEFENDANT'S MOTION TO QUASH SUBPOENA AFRANKLIN D. BURGESS, District Judge. This matter comes before the Court on Defendant's motion to quash the subpoena to appear at trial served on Steven Kessing. The Court, having reviewed the pleadings... Rickey CALHOUN, Plaintiff, v. Dr. Henry RICHARDS et al., Defendants. , W.D.Wash., November 3, 2009 Rickey Calhoun, Steilacoom, WA, pro se. Eric A. Mentzer, Attorney General's Office, Olympia, WA, for Defendants. ORDER ON PENDING DISCOVERY J. RICHARD CREATURA, United States Magistrate Judge. This 42 U.S.C. § 1983 action has been referred to the undersigned Magistrate Judge pursuant to 28 U.S.C. §§ 636(b)(1)(A) and 636(b) (1)(B) and Local Magistrates Judges' Rules MJR 1, MJR 3, and MJR 4. Before the court is Defendant's motion to compel discovery (Dkt.# 179). Plaintiff has responded... Robert Earl JOHNSON, Plaintiff, v. Harold CLARK, et al., Defendants. , W.D.Wash., November 3, 2009 Robert Earl Johnson, Steilacoom, WA, pro se. Jason M. Howell, Attorney General's Office, Olympia, WA, for Defendants. ORDER DENYING MOTION FOR RELIEF PURSUANT TO RULE 60(b)(6) FRANKLIN D. BURGESS, District Judge. This matter comes before the Court on Plaintiff Johnson's motion for relief from judgment pursuant to Rule 60(b)(6). Petitioner asserts there exists newly discovered evidence, fraud upon the court, and spoliation of evidence warranting relief under Rule 60(b) (6) that would ... Lenier AYERS, Petitioner, v. Susan DREYFUS, Respondent. , W.D.Wash., November 3, 2009 Lenier Ayers, Steilacoom, WA, pro se. ORDER J. RICHARD CREATURA, United States Magistrate Judge. The underlying matter has been referred to United States Magistrate Judge J. Richard Creatura pursuant to 28 U.S.C. § 636(b) (1)(A) and 636(b)(1)(B), and Local Magistrate Judge's Rule MJR3 and MJR4. The matter is before the court on petitioner's motion for appointment of counsel (Doc. 15), respondent's motion for an extension of time to respond to the motion (Doc. 16), and petitioner's motio... Christopher Leon SMITH, Plaintiff, v. Pierce County JAIL, et al., Defendants. , W.D.Wash., November 3, 2009 Christopher Leon Smith, Tacoma, WA, pro se. Daniel R. Hamilton, Tacoma, WA, for Defendants. ORDER DECLINING TO ADOPT REPORT AND RECOMMENDATION AND GRANTING MOTION TO DISMISS FOR FAILURE TO EXHAUST ADMINISTRATIVE REMEDIES FRANKLIN D. BURGESS, District Judge. This matter comes before the Court on the recommendation of the Magistrate Judge that Defendants' motion to dismiss this civil rights action be denied with leave to renew the motion, and the motion to strike pleadings of Plaintiff... Kevin L. THOMAS, Petitioner, v. Steve SINCLAIR, Respondent. , W.D.Wash., November 3, 2009 Kevin L. Thomas, Washington State Penitentiary, Walla Walla, WA, pro se. Donna H. Mullen, Attorney General's Office, Olympia, WA, for Respondent. ORDER DISMISSING FEDERAL HABEAS PETITION WITHOUT PREJUDICE ROBERT S. LASNIK, District Judge. The Court, having reviewed petitioner's petition for writ of habeas corpus, respondent's answer thereto, the Report and Recommendation of Brian A. Tsuchida, United States Magistrate Judge, and the remaining record, does hereby find and Order: (1) The... In re WASHINGTON MUTUAL, INC. SECURITIES, DERIVATIVE & ERISA LITIGATION. In re Washington Mutual, Inc. Securities Litigation. This Document Relates to: No. C09-664 MJP No. C09-816 MJP. , W.D.Wash., November 2, 2009 ORDER ON MOTION TO REMAND MARSHA J. PECHMAN, District Judge. This matter comes before the Court on Lou Solton's and City of San Buenaventura's (collectively "Plaintiffs") joint motion to remand their actions, Nos. C09-664-MJP and C09-816-MJP, respectively, to the Superior Court of the State of California. (No. C08-387-MJP, Dkt. No. 99.) Having reviewed the joint motion, Defendants' response (No. 08-md-1919-MJP, Dkt. No. 355), Plaintiffs' reply (No. 08-md-1919, Dkt. No. 359), and all paper... L.A. FITNESS INTERNATIONAL LLC, Plaintiff, v. Daija HARDING, Defendant. , W.D.Wash., November 2, 2009 ORDER RE JURISDICTION ROBERT J. BRYAN, District Judge. This matter comes before the court on review of the Plaintiff L.A. Fitness' Response to Order to Show Cause (Dkt.13), filed with the court on October 2, 2009. The court has considered the relevant documents and the remainder of the file herein. PROCEDURAL HISTORY On July 9, 2009, Defendant Harding filed a civil action against L .A. Fitness and several L.A. Fitness employees in Multnomah County Circuit Court in Oregon, No. 0907-9358 ... Larry Gene HEGGEM, Plaintiff, v. Andrea MATHERN, Defendant. , W.D.Wash., November 2, 2009 ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT MARSHA J. PECHMAN, District Judge. The Court, having reviewed plaintiff's second amended civil rights complaint (Dkt. No. 21), defendant's motion for summary judgment (Dkt. No. 81), plaintiff's response (Dkt. No. 82), the Report and Recommendation (Dkt. No. 85) of Judge Mary Alice Theiler, United States Magistrate Judge, Plaintiff's Objections (Dkt. No. 86) and the remaining record, does hereby find and ORDER: (1) The Court adopts ... Brendan DUNN, et al., Plaintiffs, v. Matthew HYRA, et al., Defendants. , W.D.Wash., November 2, 2009 ORDER ON MOTION FOR SUMMARY JUDGMENT JAMES L. ROBART, District Judge. This matter comes before the court on Defendants' motion for summary judgment (Dkt.# 62). At oral argument on October 29, 2009, the court granted summary judgment to Defendants on a number of Plaintiffs' claims. (Dkt.# 93.) Following oral argument, the court took the remaining issues under consideration. Having reviewed the papers filed in support and opposition, and having heard oral argument, the court GRANTS in part ... The NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY, a foreign corporation, Plaintiff, v. Richard L. KOCH, an individual, Defendant. , W.D.Wash., November 2, 2009 ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR RECONSIDERATION OF PARTIAL SUMMARY JUDGMENT AND PARTIALLY VACATING PREVIOUS ORDER BENJAMIN H. SETTLE, District Judge. This matter comes before the Court on Plaintiff's Motion for Reconsideration (Dkt.58). The Court has considered the pleadings filed in support of and in opposition to the motion and the remainder of the file and hereby grants in part and denies in part Plaintiff's motion for the reasons stated herein. I. P... Mark MAJOR and Michael Major, Plaintiffs, v. Mark D. HODGSON, Maxey Law Office, Andrew C. Bohrnsen, Stocker Smith Luciani & Staub PLLC, Defendants. , E.D.Wash., October 30, 2009 ORDER DENYING PLAINTIFFS' MOTION FOR RECONSIDERATION EDWARD F. SHEA, District Judge. On October 23, 2009, this Court issued an Amended Order Granting Defendants' Motion to Dismiss Plaintiffs' Complaint. (Ct. Rec. 32 .) In that Order, the Court mistakenly relied on an Order issued by the Honorable Fred Van Sickle in which he found the Plaintiffs to be vexatious litigants and forbid them from filing another case against these Defendants. That Order was issued on August 19, 2009, two weeks after... ALASKA AIRLINES, INC., Plaintiff, v. Bradley CAREY and Celeste Carey, and Carey Travel, Inc., a Washington corporation, Defendants, Counterclaimants, and Third Party Plaintiffs, v. Points International Ltd., Third Party Defendant. , W.D.Wash., October 30, 2009 ORDER GRANTING MOTION FOR SUMMARY JUDGMENT AND PERMANENT INJUNCTION RONALD B. LEIGHTON, District Judge. This matter is before the Court on Plaintiff Alaska Airlines, Inc .'s Motion for Summary Judgment and for Permanent Injunction [Dkt. # 104, supplemented by Dkt. # 176]. The Court has heard oral argument and considered all materials submitted by the parties, including: 1. Plaintiff's Motion for Summary Judgment and for Permanent Injunction; 2. Plaintiff's Supplemental Motion for Summ... Samuel R. WATKINS, Plaintiff, v. The UNITED STATES BUREAU OF CUSTOMS AND BORDER PROTECTION, Defendant. , W.D.Wash., October 30, 2009 ORDER ON MOTIONS JAMES L. ROBART, District Judge. I. INTRODUCTION This matter comes before the court on Defendant The United States Bureau of Customs and Border Protection's ("the Agency") motion for summary judgment (Dkt.# 15), Plaintiff Samuel R. Watkins's cross-motion for summary judgment (Dkt.# 32), and the Agency's motion for protective order (Dkt.# 30). Having reviewed the papers filed in support of and in opposition to the motions, the court finds the matter appropriate for disposit... UNITED STATES of America, Plaintiff, v. KILROY & ASSOCIATES, INC.; Daniel P. Anderson, Defendants. , W.D.Wash., October 30, 2009 ORDER JOHN C. COUGHENOUR, District Judge. This matter comes before the Court on Plaintiff's Motion for Partial Summary Judgment (Dkt. No. 11), Defendants' Response (Dkt. No. 18), and Plaintiff's Reply (Dkt. No. 19). Having thoroughly considered the parties' briefing and the relevant record, the Court finds oral argument unnecessary and hereby GRANTS the motion for the reasons explained herein. I. BACKGROUND [FN1] FN1. Defendants have not submitted any factual material in response to th... Cesar ZAVALA-VASQUEZ and Carmen Perez, husband and wife, Plaintiffs, v. ALLSTATE INDEMNITY COMPANY, Defendant. , W.D.Wash., October 29, 2009 ORDER DENYING DEFENDANT'S MOTION FOR RECONSIDERATION AND REQUESTING RESPONSE BENJAMIN H. SETTLE, District Judge. This matter comes before the Court on Defendant's Motion for Reconsideration (Dkt.65) and Plaintiffs' Motion for Reconsideration (Dkt.67). The Court has considered the pleadings filed in support of the motions and the remainder of the file and hereby denies Defendant's motion and requests a response from Defendant to Plaintiffs' motion. I. PROCEDURAL HISTORY On September 29, ... FIRST SOUND BANK, a Washington corporation, Plaintiff, v. LARASCO, INC., a Washington corporation, Louis A. Secord, Jr., an individual; and Richard A. Secord, an individual, Defendants. , W.D.Wash., October 29, 2009 Richard C. Yarmuth, Jeremy E. Roller, Yarmuth Wilsdon Calfo PLLC, Seattle, WA, for Plaintiff. C. Seth Wilkinson, Yarmuth Wilsdon Calfo PLLC, Seattle, WA. Charles E. Newton, Diana S. Shukis, Stephen P. Vanderhoef, Yousef Arefi-Afshar, Cairncross & Hempelmann, Seattle, WA, for Defendants. ORDER THOMAS S. ZILLY, District Judge. THIS MATTER comes before the Court on the Roberts/Severson Entities's Motion to Dismiss for Lack of Subject Matter Jurisdiction, docket no. 237. Having consid... Amber LANPHERE, et al., Plaintiffs, v. Chad WRIGHT and the Puyallup Tribe of Indians, Defendants. , W.D.Wash., October 29, 2009 ORDER GRANTING DEFENDANTS' MOTION TO DISMISS AND DENYING PLAINTIFFS' MOTION TO CONTINUE DEFENDANTS' SUMMARY JUDGMENT MOTION BENJAMIN H. SETTLE, District Judge. This matter comes before the Court on Defendants' motion to dismiss or in the alternative for summary judgment (Dkt.6) and Plaintiffs' motion to continue Defendants' summary judgment motion (Dkt.8). The Court has considered the pleadings filed in support of and in opposition to the motions and the remainder of the file and hereby g... Sandra G. SHAFFER, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , E.D.Wash., October 29, 2009 ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT CYNTHIA IMBROGNO, United States Magistrate Judge. BEFORE THE COURT are cross-Motions for Summary Judgment (Ct.Rec.13, 16.) Attorney Maureen J. Rosette represents Plaintiff; Special Assistant United States Attorney Terrye E. Shea represents Defendant. The parties have consented to proceed before a magistrate judge. (Ct.Rec.8.) After reviewing the administrative record and briefs filed... Melvin R. TIMS, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social, Security, Defendant. , E.D.Wash., October 29, 2009 ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT CYNTHIA IMBROGNO, United States Magistrate Judge. BEFORE THE COURT are cross-Motions for Summary Judgment (Ct.Rec.14, 16.) Attorney Maureen J. Rosette represents Plaintiff; Special Assistant United States Attorney Michael S. Howard represents Defendant. The parties have consented to proceed before a magistrate judge. (Ct.Rec.8.) After reviewing the administrative record and briefs fi... Rebecca CARDENAS, o/b/o Dawn Mendoza (Deceased), Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , E.D.Wash., October 29, 2009 ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND REMANDING TO THE COMMISSIONER FOR ADDITIONAL PROCEEDINGS CYNTHIA IMBROGNO, United States Magistrate Judge. BEFORE THE COURT are cross-Motions for Summary Judgment (Ct.Rec.19, 22.) Attorney D. James Tree represents Plaintiff; Special Assistant United States Attorney Leisa A. Wolf represents Defendant. The parties have consented to proceed before a magistrate judge. (Ct.Rec.8.) After reviewing the administrative record and briefs fi... David McFERRIN and Katherine McFerrin, et al., Plaintiffs, v. OLD REPUBLIC TITLE, LTD., Defendant/Third-Party Plaintiff, v. Troy X. Kelley and Diane Duffrin Kelley, Third-Party Defendants. , W.D.Wash., October 29, 2009 ORDER DENYING THIRD-PARTY DEFENDANTS' MOTION TO SET ASIDE STIPULATION OF DISMISSAL OF PLAINTIFFS' CLAIMS WITH PREJUDICE OR, IN THE ALTERNATIVE, MOTION FOR ORDER OF DISMISSAL OF THIRD-PARTY COMPLAINT; GRANTING THIRD-PARTY PLAINTIFF'S MOTION FOR DISMISSAL AND DISMISSING THIRD-PARTY COMPLAINT WITHOUT PREJUDICE BENJAMIN H. SETTLE, District Judge. This matter comes before the Court on Third-Party Defendants' Motion to Set Aside Stipulation of Dismissal of Plaintiffs' Claims with Prejudice or, ... Hector Francisco DIAZ, Petitioner, v. UNITED STATES of America, Respondent. , W.D.Wash., October 29, 2009 ORDER JAMES L. ROBART, District Judge. This matter comes before the court on Petitioner Hector Francisco Diaz's motion for a certificate of appealability under 28 U.S.C. § 2253(d) (Dkt. # 29). Mr. Diaz seeks to appeal the court's August 10, 2009 order denying his 28 U.S.C. § 2255 motion (Dkt.# 26). For the reasons stated below, the court DENIES the motion for a certificate of appealability (Dkt.# 29). Among the substantial changes to federal habeas corpus procedure in the Antiterrorism... Leslie Wyn BOWDEN, Plaintiff, v. Christine O. GREGOIRE, et al, Defendants. , W.D.Wash., October 28, 2009 ORDER REGARDING PLAINTIFF'S MULTIPLE MOTIONS AND OTHER FILINGS KAREN L. STROMBOM, United States Magistrate Judge. This matter has been referred to Magistrate Judge Karen L. Strombom pursuant to 28 U.S.C. § 636(b)(1), Local Rules MJR 3 and 4, and Federal Rule of Civil Procedure ("Fed. R. Civ.P.") 72. The case is before the Court on defendants' filing of the following motions/documents: (1) Rebuttal to defendants' answer, motion for judgment on the pleadings or demand for trial by grand... Wendy Lea GRANT, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , E.D.Wash., October 28, 2009 ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT JAMES P. HUTTON, United States Magistrate Judge. BEFORE THE COURT are cross-motions for summary judgment noted for hearing without oral argument on September 25, 2009. (Ct.Rec.17, 19-4). Attorney Maureen J. Rosette represents Plaintiff; Special Assistant United States Attorney Terrye Shea represents the Commissioner of Social Security ("Commissioner"). The parties have consented to proceed before a magistrate judge. (Ct.Rec.8.) On Aug... EXPERIENCE HENDRIX, LLC., a Washington Limited Liability Company; and Authentic Hendrix, LLC., a Washington Limited Liability Company, Plaintiffs, v. ELECTRIC HENDRIX, LLC., a Washington Limited Liability Company; Electric Hendrix Apparel, LLC., a , W.D.Wash., October 28, 2009 ORDER THOMAS S. ZILLY, District Judge. THIS MATTER comes before the Court on plaintiffs' motion to compel discovery from defendant Craig Dieffenbach. Pursuant to a settlement among all parties, plaintiffs obtained a judgment against all defendants, including Mr. Dieffenbach, jointly and severally, in the amount of $3.2 million. Suppl. Judgment (docket no. 127). Plaintiffs now seek an order requiring Mr. Dieffenbach to respond to twelve (12) interrogatories and fourteen (14) requests for p... Rachel DEPOULE-VOSS, Plaintiff, v. SIX CONTINENTS HOTELS, INC., a foreign corporation transacting business in the State of Washington; Intercontinental Hotels Group Resources, Inc., a subsidiary of Six Continents Hotels, Inc., a foreign corporation, W.D.Wash., October 28, 2009 ORDER GRANTING DEFENDANT HOLIHIL CORPORATION'S MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION BENJAMIN H. SETTLE, District Judge. This matter comes before the Court on Defendant Holihil Corporation's Motion to Dismiss for Lack of Personal Jurisdiction (Dkt.5). The Court has considered the pleadings filed in support of and in opposition to the motion and the remainder of the file and hereby grants the motion for the reasons stated herein. I. PROCEDURAL BACKGROUND On July 29, 2009, Pla... OREGON MUTUAL INSURANCE COMPANY, Plaintiff, v. SEATTLE COLLISION CENTER, INC., et al., Defendants. Seattle Collision Center, Inc., et al., Third-Party Plaintiffs, v. American States Insurance Company, et al., Third-Party Defendants. , W.D.Wash., October 28, 2009 ORDER DENYING MOTION FOR RECONSIDERATION JAMES L. ROBART, District Judge. This matter comes before the court on Third-Party Defendants' motion for partial reconsideration (Dkt.# 71). The court has considered both the motion and Third-Party Plaintiffs' response (Dkt.# 75), and deems oral argument unnecessary. For the following reasons, the court DENIES the motion for reconsideration (Dkt.# 71). Pursuant to Local Rules W.D. Wash. CR 7(h)(1), motions for reconsideration are disfavored, an... Thomas R. WILLIAMSON, Petitioner, v. Maggie MILLER-STOUT, Respondent. , W.D.Wash., October 28, 2009 Thomas R. Williamson, Airway Heights, WA, pro se. Alex A. Kostin, Attorney General's Office, Olympia, WA, for Respondent. ORDER DENYING MOTIONS FOR EVIDENTIARY HEARING, APPOINTMENT OF COUNSEL AND TO EXPAND THE RECORD KAREN L. STROMBOM, United States Magistrate Judge. Before the court are the motions of Petitioner for the appointment of counsel, an evidentiary hearing and to expand the record. Dkts. 15, 17. Having carefully reviewed the motions and response of Respondent (Dkt.19), the... Jeremy MEYERS, Petitioner, v. Maggie MILLER-STOUT, Respondent. , W.D.Wash., October 28, 2009 Jeremy Meyers, Airway Heights, WA, pro se. Ronda Denise Larson, Attorney General's Office, Olympia, WA, for Respondent. ORDER ADOPTING REPORT AND RECOMMEDATION DISMISSING HABEAS CORPUS PETITION AS UNTIMELY FRANKLIN D. BURGESS, District Judge. This matter comes before the Court on the Report and Recommendation of the Magistrate Judge that Petitioner's request for habeas corpus relief be denied and the petition be dismissed with prejudice. As detailed by the Magistrate Judge, Petitione... ESTATE OF Edna COOPER, deceased and Sandra Cooper, as Personal Representative of Estate of Edna Cooper, Plaintiffs, v. AMERICAN MEDICAL RESPONSE NORTHWEST, INC., an Oregon corporation; American Medical Response Ambulance Service, Inc., a Delaware c, W.D.Wash., October 28, 2009 ORDER GRANTING AMERICAN MEDICAL RESPONSE'S MOTION TO DISMISS FRANKLIN D. BURGESS, District Judge. This matter comes before the Court on Defendants American Medical Response Northwest, Inc. and American Medical Response Ambulance Service, Inc's (hereinafter referred to collectively as "AMR") motion to dismiss pursuant to Fed.R.Civ.P. 12(c) due to Plaintiffs' failure to file a notice of intent before commencing this lawsuit pursuant to RCW 7.70.100(1). The Plaintiffs have not filed a respon... Twyla BAILEY, et al, Plaintiffs, v. ONE PACIFIC CORPORATION, et al, Defendants. Rick Roy Bowler, Counterclaimant and Third Party Plaintiff, v. Twyla Bailey et al, Counterclaim Defendants and Alvin E. "BUD" Bailey, J. Dana Pinney, Gary Abbott P, W.D.Wash., October 28, 2009 ORDER GRANTING MOTIONS TO REMAND RONALD B. LEIGHTON, District Judge. This matter is before the court on the following Motions: Third Party Defendant John Nuepert's Motion to Remand [Dkt. # 8]; Third Party Defendants Joseph Vance, Steven E. Turner, Steve Horenstein, and Colleen McMullen's Motion to Remand [Dkt. # 10]; and Defendant/Counterclaimant/Third Party Plaintiff Rick Roy Bowler's Motion to Remand [Dkt. # 15]. The procedural context of this case is unusually complex, as is the factua... Omar LOPEZ-CASTILLO, Petitioner, v. Pat GLEBE, Respondent. , W.D.Wash., October 28, 2009 ORDER DENYING PETITIONER'S MOTION TO COMPEL AN ANSWER JAMES P. DONOHUE, United States Magistrate Judge. Respondent filed a motion to dismiss the amended 28 U.S.C. § 2254 habeas petition (Dkt.23) at the same time as a statement of cause for filing a dispositive motion in lieu of an answer (Dkt.24). Petitioner Omar Lopez- Castillo, through counsel, moves for an order compelling respondent to file an answer. (Dkt.25.) Having reviewed the parties' motions as well as the balance of the record,... C.S. and D.S., Plaintiffs, v. DEPARTMENT OF SOCIAL AND HEALTH SERVICES (DSHS), John Doe Supervisor, John Doe Director, and Sunrise Community Facility, Defendants. , W.D.Wash., October 28, 2009 ORDER GRANTING MOTION TO DISMISS § 1983 CLAIMS RONALD B. LEIGHTON, District Judge. This matter is before the court on Defendants' Motion to Dismiss Plaintiffs' 42 U.S.C. § 1983 claims against DSHS, Sunrise Community Facility, John Doe, Supervisor, and John Doe, Director, acting in their official capacities. Plaintiffs are a juvenile, C.S., and his father, D.S. Defendant Sunrise was formerly a state and federally funded facility owned and/or operated by the Juvenile Rehabilitation Admin... Janice LEWIS, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , W.D.Wash., October 28, 2009 ORDER GRANTING PLAINTIFF'S MOTION FOR VOLUNTARY DISMISSAL KAREN L. STROMBOM, United States Magistrate Judge. This matter comes before the Court on plaintiff's filing of a written response (Dkt.# 21-# 22) to the Court's order to show cause (Dkt.# 20) regarding her motion for voluntary dismissal of her complaint (Dkt.18). After reviewing plaintiff's response and the remainder of the record, the Court hereby finds and orders as follows: On September 4, 2009, plaintiff filed her motion for... Loanita ADAMS, Plaintiff, v. CITY OF FEDERAL WAY, Defendant. , W.D.Wash., October 27, 2009 ORDER THOMAS S. ZILLY, District Judge. THIS MATTER comes before the Court on defendants' motion to dismiss, and various motions brought by plaintiff. Having reviewed all papers filed in support of and in opposition to the motions, the Court now ORDERS: (1) Plaintiff's motion to correct, docket no. 22, her reply, which was titled "(Omnibus Motion) Answer to Parties Response Motion," docket no. 20, is GRANTED. In both her reply and her motion to correct, plaintiff indicates that she sent... In re Washington Mutual, Inc. Securities, Derivative & ERISA Litigation. In re Washington Mutual, Inc. Securities Litigation This Document Relates to: All Cases. , W.D.Wash., October 27, 2009 ORDER ON DEFENDANTS' MOTIONS TO DISMISS MARSHA J. PECHMAN, District Judge. This matter comes before the Court on five motions to dismiss Plaintiffs' second amended consolidated class action complaint ("Complaint"). (Dkt. No. 293.) [FN1] The motions to dismiss have been filed by: (1) Defendants Goldman, Sachs & Co. ("Goldman Sachs"), Morgan Stanley & Co. Inc. ("Morgan Stanley"), Credit Suisse Securities (USA) LLC ("Credit Suisse"), Deutsche Bank Securities Inc. ("Deutsche Bank"), UBS Secu... UNITED STATES of America, Plaintiff, v. Gerald PRIMEAUX, and Douglas Williams, Defendants. , W.D.Wash., October 27, 2009 ORDER DENYING MOTION FOR SEVERANCE OF TRIALS ROBERT S. LASNIK, District Judge. I. Introduction This matter comes before the Court on Defendant Douglas Williams' motion (Dkt.# 27) requesting that the Court sever his trial from that of his co-defendant Gerald Primeaux. Mr. Williams argues that severance is appropriate because a joint trial would compromise his right to confront adverse witnesses and would prevent the jury from making a reliable judgment regarding the guilt or innocence of ea... Ardell Joshua SHAW, Plaintiff, v. Karen BRUNSON, et al., Defendants. , W.D.Wash., October 27, 2009 ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING COMPLAINT BENJAMIN H. SETTLE, District Judge. This matter comes before the Court on the Report and Recommendation of the Honorable J. Richard Creatura, United States Magistrate Judge (Dkt.27). The Court having considered the Report and Recommendation and the remaining record, and no objections by Plaintiff having been filed, does hereby find and order: (1) The Court adopts the Report and Recommendation; and (2) Defendant Maxfie... Joseph John CURRY, Petitioner, v. Eldon VAIL, Respondent. , W.D.Wash., October 27, 2009 ORDER ADOPTING REPORT AND RECOMMENDATION AND GRANTING PETITIONER'S MOTION TO DISMISS UNEXHAUSTED CLAIMS BENJAMIN H. SETTLE, District Judge. This matter comes before the Court on the Report and Recommendation of the Honorable J. Richard Creatura, United States Magistrate Judge (Dkt.17) and Petitioner's Motion to Dismiss Unexhausted Claims (Dkt.18). The Court having considered the Report and Recommendation, Petitioner's motion, the remaining record, and no objections having been filed by Re... WTI, INC., a Washington Corporation, Plaintiff, v. AFFINITY NETWORK, INC., a California Corporation, and NOSVA Limited Partnership, a Maryland Limited Partnership, Defendants. , W.D.Wash., October 27, 2009 ORDER GRANTING DEFENDANTS' MOTION TO DISMISS THE COMPLAINT MARSHA J. PECHMAN, District Judge. This matter comes before the Court on Defendants' motion to dismiss the complaint. (Dkt. No. 8.) The Court has not received any response memorandum from Plaintiff or any reply brief. For the reasons set forth below, the Court GRANTS Defendants' motion and dismisses this matter. Background Plaintiff WTI, a Washington corporation, sued Defendants Affinity Network ("ANI"), a California corporatio... UTILX CORPORATION, a Delaware corporation, Plaintiff, v. NOVINIUM, INC., a Delaware corporation, Defendant. , W.D.Wash., October 27, 2009 ORDER ON MOTION FOR DISMISSAL WITHOUT PREJUDICE MARSHA J. PECHMAN, District Judge. This matter comes before the Court on Novinium, Inc.'s ("Defendant") motion for voluntary dismissal without prejudice. Having reviewed the motion, the reply, and Utilx Corporation's ("Plaintiff") response, and all papers in support thereof, the Court GRANTS the motion and DISMISSES Defendants' counterclaim WITHOUT PREJUDICE. Background Plaintiff and Defendant are both in the business of injecting fluid in... UNITED STATES of America, Plaintiff, v. Jonathon James BARNETT, Defendant. , E.D.Wash., October 27, 2009 ORDER DENYING MOTION TO DISMISS LONNY R. SUKO, Chief Judge. A pre-trial conference was conducted on October 21, 2009. George J.C. Jacobs, Esq., appeared for the United States. Stephen R. Hormel, Esq., appeared for Defendant. Defendant's Motion To Dismiss (Ct.Rec.42) was argued at the pre- trial conference. This order memorializes the court's decision denying the motion. Defendant is charged with one count of Felon In Possession of a Firearm and Ammunition under 18 U.S.C. Sections 922(g)(1)... Jon JAMES, Plaintiff, v. COMMUNITY COLLEGES OF SPOKANE, et al., Defendants. , E.D.Wash., October 27, 2009 ORDER DENYING MOTION FOR RECONSIDERATION JUSTIN L. QUACKENBUSH, Senior District Judge. BEFORE THE COURT is the Plaintiff's Second Motion for Reconsideration (Ct.Rec.41). The Ninth Circuit Court of Appeals has recently denied a petition for panel rehearing (Ct.Rec.36) of this court's granting of the Defendants' Motion for Summary Judgment (Ct.Rec.24), which was also affirmed by the Ninth Circuit (Ct.Rec.35). Mr. James contends that the court has not addressed his separate, distinct Constituti... REGENCE BLUESHIELD, et al., Plaintiffs, v. BNY MELLON BANK, N.A., Defendant. , W.D.Wash., October 27, 2009 ORDER GRANTING MOTION TO DISMISS AND PERMITTING PLAINTIFFS TO FILE MOTION TO AMEND ROBERT S. LASNIK, District Judge. I. INTRODUCTION This matter comes before the Court on a motion filed by defendant BNY Mellon Bank, N.A. ("Mellon" or "defendant") to dismiss plaintiffs' complaint. Defendant contends that there is no basis for injunctive relief, which is the only relief sought, because plaintiffs' claims concern economic damages. Defendant also denies breaching the parties' contract, and ass... Douglas LACKEY, a married person, Plaintiff, v. Lewis COUNTY, a municipal corporation, and Michael Golden, et. al, Defendants. , W.D.Wash., October 27, 2009 ORDER REMANDING STATE LAW CLAIMS ROBERT J. BRYAN, District Judge. This matter comes before the court on Lewis County Defendants' Request that the Court Maintain Supplemental Jurisdiction. Dkt. 66. The defendants are responding to the court's invitation to show cause why the plaintiff's remaining claims should not be remanded to Thurston County Superior Court. Dkt. 63. The plaintiff did not respond to that invitation. The court has considered the relevant documents and the remainder of the... Keelin A. CURRAN, et al., Plaintiffs, v. Adil LAHRICHI, Defendant. , W.D.Wash., October 27, 2009 ORDER ROBERT S. LASNIK, Chief Judge. This matter comes before the Court under Local General Rule 8(c). Defendant has filed a "Motion to Disqualify Judge for Bias and to Transfer Case" in the above-captioned matter. Dkt. # 10. The Honorable John C. Coughenour, United States District Judge, declined to recuse himself voluntarily and the matter was referred to the Chief Judge. Dkt. # 27. Defendant's motion is therefore ripe for review by the undersigned. Section 455 of title 28 of the Uni... Josephine D. DALIT, Plaintiff, v. CHASE HOME FINANCE, LLC; and Does 1-50, Defendants. , W.D.Wash., October 27, 2009 ORDER GRANTING CHASE HOME FINANCE, LLC's MOTION TO DISMISS PURSUANT TO FRCP 12(b)(6) MARSHA J. PECHMAN, District Judge. This matter comes before the Court on Chase Home Finance, LLC's ("Chase's") Motion to Dismiss Pursuant to FRCP 12(b)(6). (Dkt. No. 3.) Plaintiff has not filed a response and Defendant filed a reply. (Dkt. No. 5.) For the reasons set forth below, the Court GRANTS Defendant's motion and all Plaintiff's claims are hereby DISMISSED. Plaintiff Josephine Dalit asserts claims a... Thomas R. WILLIAMSON, Petitioner, v. Maggie MILLER-STOUT, Respondent. , W.D.Wash., October 26, 2009 REPORT AND RECOMMENDATION KAREN L. STROMBOM, United States Magistrate Judge. This case has been referred to United States Magistrate Judge Karen L. Strombom pursuant to Title 28 U.S.C. § 636(b)(1) and Local MJR 3 and 4. Petitioner Thomas R. Williamson filed a federal habeas petition pursuant to 28 U.S.C. § 2254. Dkt. 4. Respondent filed an answer and submitted relevant portions of the state court record. Dkts. 13 and 14. Mr. Williamson filed a reply to the answer. Dkt. 16. Having carefully... ARIME PTY, LTD., an Australian company, Powergen International, LLC, a Delaware limited liability company; Kaytech Investments Pty, Ltd., an Australian company; and Fadil Sadikay, an individual, Plaintiffs, v. ORGANIC ENERGY CONVERSION COMPANY, LLC, W.D.Wash., October 26, 2009 ORDER GRANTING PLAINTIFFS' MOTION FOR LEAVE TO AMEND COMPLAINT; DENYING IN PART DEFENDANT ROSE'S MOTION TO DISMISS CLAIMS AGAINST HIM WITH PREJUDICE; AND ORDERING DEFENDANT ROSE TO SHOW CAUSE BENJAMIN H. SETTLE, District Judge. This matter comes before the Court on Defendant William R. Rose's motion for dismissal with prejudice of all claims against him, pursuant to Fed.R.Civ.P. 12(b)(1) (Dkt.10) and Plaintiffs' motion for leave to amend complaint pursuant to Fed.R.Civ.P. 15(a) (Dkt.11). ... Nasser S. HEJAZI, Plaintiff, v. UNITED STATES DEPARTMENT OF LABOR, et al., Defendants. , W.D.Wash., October 26, 2009 Nasser S. Hejazi, Tulalip, WA, pro se. Kayla Stahman, US Attorney's Office, Seattle, WA, for Defendants. ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT I. INTRODUCTION ROBERT S. LASNIK, District Judge. This matter comes before the Court on a motion for summary judgment filed by defendants the United States Department of Labor ("DOL") and DOL's Associate Regional Director Klaus Placke (collectively, "defendants"). When plaintiff's employment with a third party ended, he requeste... Brenton Dwayne THOMPSON, Petitioner, v. Brian WILLIAMS, Respondent. , W.D.Wash., October 26, 2009 Brenton Dwayne Thompson, Indian Springs, NV, pro se. Gregory J. Rosen, Attorney General's Office, Olympia, WA, for Respondent. ORDER GRANTING MOTION FOR STAY KAREN L. STROMBOM, United States Magistrate Judge. This habeas corpus action has been referred to United States Magistrate Judge Karen L. Strombom pursuant to Title 28 U.S.C. § 636(b)(1) and Local MJR 3 and 4. On May 4, 2009, Petitioner Brenton Dwayne Thompson filed his habeas corpus petition, seeking to challenge his 2000 co... Anthony E. WHITFIELD, Petitioner, v. Scott FRAKES, Respondent. , W.D.Wash., October 26, 2009 Anthony E. Whitfield, Monroe, WA, pro se. John Joseph Samson, Attorney General's Office, Olympia, WA, for Respondent. ORDER GRANTING MOTION FOR MORE DEFINITE STATEMENT KAREN L. STROMBOM, United States Magistrate Judge. This habeas corpus petition has been referred to United States Magistrate Judge Karen L. Strombom pursuant to Title 28 U.S.C. § 636(b)(1) and Local MJR 3 and 4. Petitioner Anthony E. Whitfield seeks federal habeas corpus relief pursuant to 28 U.S.C. § 2254. Dkt. 5. Bef... Kristin CARIDEO, et al., Plaintiffs, v. DELL, INC., Defendant. , W.D.Wash., October 26, 2009 ORDER JAMES L. ROBART, District Judge. The class action waiver is now a familiar provision in consumer purchase agreements nationwide. Under Washington law, a class action waiver may be deemed unenforceable on grounds of substantive unconscionability in limited circumstances based on the facts of a particular case. This case returns on remand from the United States Court of Appeals for the Ninth Circuit for the court to determine whether the case presents one such instance of unconscionab... Adrian L. CHATEN, Plaintiff, v. Eldon VAIL, et al., Defendants. , W.D.Wash., October 26, 2009 ORDER TO AMEND OR SHOW CAUSE KAREN L. STROMBOM, United States Magistrate Judge. This matter has been referred to Magistrate Judge Karen L. Strombom pursuant to 28 U.S.C. § 636(b)(1), Local Rules MJR 3 and 4. Plaintiff has been granted leave to proceed in forma pauperis. The case is before the Court upon review of Plaintiff's complaint. After reviewing the complaint and balance of the record, the Court finds and orders as follows: DISCUSSION Under the Prison Litigation Reform Act of 1995... Jon ZAMELIS, an individual, Plaintiff, v. WINGFOOT COMMERCIAL TIRE SYSTEMS, LLC, a Washington Limited Liability Company, Defendant. , W.D.Wash., October 26, 2009 Jeffrey Charles Wishko, Bell & Ingram PS, Everett, WA, for Plaintiff. Joanna Marie Silverstein, Leigh Ann Collings Tift, Littler Mendelson, Seattle, WA, for Defendant. ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT, GRANTING PLAINTIFF'S MOTION TO STRIKE, AND ORDERING DEFENDANT TO SHOW CAUSE WHY SANCTIONS SHOULD NOT BE IMPOSED RICARDO S. MARTINEZ, District Judge. I. INTRODUCTION This matter comes before the Court on Defendant's Motion for Summary Jud... Joshua E. BOYD, Plaintiff, v. EMERALD QUEEN CASINO, et al., Defendants. , W.D.Wash., October 26, 2009 ORDER TO AMEND OR SHOW CAUSE KAREN L. STROMBOM, United States Magistrate Judge. This matter has been referred to Magistrate Judge Karen L. Strombom pursuant to 28 U.S.C. § 636(b)(1), Local Rules MJR 3 and 4. Plaintiff has been granted leave to proceed in forma pauperis. Dkt. 4. The case is before the Court upon review of Plaintiff's complaint. After reviewing the Complaint and balance of the record, the Court finds and orders as follows: DISCUSSION Under the Prison Litigation Reform Act... Willie BANKS, Sr., Plaintiff, v. State of WASHINGTON, et al., Defendants. , W.D.Wash., October 26, 2009 ORDER DENYING MOTION FOR THE APPOINTMENT OF COUNSEL KAREN L. STROMBOM, United States Magistrate Judge. This civil rights action has been referred to United States Magistrate Judge Karen L. Strombom pursuant to Title 28 U.S.C. § 636(b)(1) and Local MJR 3 and 4. Before the Court is Plaintiff's motion for the appointment of counsel. Dkt. 9. Having carefully reviewed Plaintiff's motion and balance of the record, the Court finds, for the reasons stated below, that Plaintiff's motion should be ... Candelario PEREZ, individually and on behalf of his minor step-child, J.P., his minor child, Y.P., and his minor step-grandchild, T.E., Plaintiffs, v. THG CONSTRUCTION, LLC, Defendant. , E.D.Wash., October 26, 2009 ORDER DENYING PLAINTIFFS' MOTION TO DISMISS AFFIRMATIVE DEFENSES LONNY R. SUKO, Chief Judge. BEFORE THE COURT is Plaintiffs' Motion to Dismiss the Affirmative Defenses Pleaded by Defendant THG Construction in its Answer to Plaintiffs' Amended Complaint, Ct. Rec. 12, filed August 11, 2009 and noted without oral argument on September 30, 2009. Plaintiffs assert that in pleading affirmative defenses in paragraphs 1-7 in Defendant's Answer to Amended Complaint (Ct. Rec. 10 at 6), Defendant... Bill TEJANO, Plaintiff, v. GENERAL ELECTRIC COMPANY and Metropolitan Life Insurance Company, Defendants. , W.D.Wash., October 26, 2009 Thomas George Krilich, Krilich, La Porte, West & Lockner, Tacoma, WA, for Plaintiff. D. Michael Reilly, Laura T. Morse, Steven Douglas Jensen, Lane Powell, Pc, Seattle, WA, for Defendant. FINDINGS OF FACT AND CONCLUSIONS OF LAW RONALD B. LEIGHTON, District Judge. THIS MATTER having come on before the above-entitled Court, this Court hereby enters the following Findings of Fact and Conclusions of Law. I. FINDINGS OF FACT A. General and Procedural Background. 1. Plaintiff Bill Tejano was... UNITED STATES of America, Plaintiff, v. Maxie MOORE, Defendant. , W.D.Wash., October 26, 2009 Norman Mcintosh Barbosa, US Attorney's Office, Seattle, WA, for Plaintiff. Gilbert Henry Levy, Gilbert H. Levy, Seattle, WA, for Defendant. ORDER RONALD B. LEIGHTON, District Judge. THIS MATTER comes on before the above-entitled Court upon Defendant's Motion to Suppress Evidence [Dkt. # 16]. Having considered the entirety of the records and file herein, the Court finds and rules as follows: The defendant moves to suppress evidence recovered from the search incident to his arrest o... Steven HARRIS and Garry Campbell, Plaintiffs, v. BLUERAY TECHNOLOGIES SHAREHOLDERS, INC., et al., Defendants. , E.D.Wash., October 23, 2009 Breean Lawrence Beggs, Jeffry Keith Finer, Jeffry Finer Law Office, Spokane, WA, for Plaintiffs. Steven Schneider, Murphy Bantz Bury, Spokane, WA, for Defendants. ORDER DISMISSING FEDERAL CLAIM AND REMANDING STATE CLAIMS TO STATE COURT FRED VAN SICKLE, Senior District Judge. THIS MATTER comes before the Court based, in part, upon the defendants' motion for summary judgment on the issue of standing. The defendants are represented by Stephen Schneider; the plaintiffs by Jeffry K. Finer... UNITED STATES of America, Plaintiff, v. Rogelle M. HARRIS, Defendant. , W.D.Wash., October 23, 2009 SUMMARY REPORT OF U.S. MAGISTRATE JUDGE AS TO ALLEGED VIOLATIONS OF SUPERVISED RELEASE MARY ALICE THEILER, United States Magistrate Judge. An evidentiary hearing on supervised release revocation in this case was scheduled before me on October 16 and 19, 2009. The United States was represented by AUSA Andrew Friedman and the defendant by Robert Leen. The proceedings were digitally recorded. Defendant had been sentenced on or about April 24, 2006 by the Honorable James L. Robart on charg... Gary FLETT, Plaintiff, v. Eldon VAIL, and Maggie Miller-Stout, Defendants. , E.D.Wash., October 23, 2009 ORDER ADOPTING REPORT AND RECOMMENDATION, DISMISSING COMPLAINT IN PART, DECLINING SUPPLEMENTAL JURISDICTION, AND DIRECTING SERVICE ON REMAINING DEFENDANTS EDWARD F. SHEA, District Judge. BEFORE THE COURT is Plaintiff's Objection to the Report and Recommendation to dismiss his First Amended Complaint in part (Ct.Rec.6.) After review of the record and being fully advised in this matter, IT IS ORDERED the Report and Recommendation is ADOPTED in its entirety. In his objections, Plaintiff cont... Raymond Eric ZAHLER, Plaintiff, v. Michael McCARTHY, David Soukup, Glen Warren, Ken Irwin, Hal Wilson and Imelda Borromeo, Defendants. , E.D.Wash., October 23, 2009 Eric Zahler, Yakima, WA, pro se. ORDER ADOPTING REPORT AND RECOMMENDATION, DISMISSING FIRST AMENDED COMPLAINT IN PART WITH PREJUDICE AND IN PART WITHOUT PREJUDICE EDWARD F. SHEA, District Judge. Magistrate Judge Hutton filed a Report and Recommendation on August 25, 2009, recommending Mr. Zahler's First Amended Complaint be dismissed in part with prejudice and in part without prejudice. There being no objections, the court ADOPTS the Report and Recommendation. The First Amended Complain... Kurt E. GRIEMSMANN, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , W.D.Wash., October 23, 2009 David A. Namba, Bellingham, WA, for Plaintiff. Brian C. Kipnis, U.S. Attorney's Office, Stephanie Martz, Social Security Administration, Seattle, WA, for Defendant. ORDER OF REMAND FOR AN AWARD OF BENEFITS THOMAS S. ZILLY, District Judge. The Court has reviewed the entire record, including the Administrative Record, the memoranda of the parties, and the Report and Recommendation of United States Magistrate Judge Mary Alice Theiler. It is therefore ORDERED: (1) The Court adopts th... Adan Joe NIETO, Petitioner, v. Jeffrey UTTECHT, Respondent. , W.D.Wash., October 23, 2009 Adan Joe Nieto, Connell, WA, pro se. ORDER ADOPTING REPORT AND RECOMMEDATION RONALD B. LEIGHTON, District Judge. The Court, having reviewed the petition for writ of habeas corpus, the response, the Report and Recommendation of Magistrate Judge Karen L. Strombom, objections to the Report and Recommendation, if any, and the remaining record, does hereby find and ORDER: (1) The Court adopts the Report and Recommendation; (2) Petitioner's writ of habeas corpus (Dkts. 4 and 10) is DENI... UNITED STATES of America, Plaintiff, v. Barbara COWELL, Defendant. , W.D.Wash., October 23, 2009 ORDER RONALD B. LEIGHTON, District Judge. THIS MATTER comes on before the above-entitled Court upon Defendant's Emergency Motion for Review of Detention Order [Dkt. # 47]. Having considered the entirety of the records and file herein, the Court finds and rules as follows: The defendant seeks review under 18 U.S.C. § 3145(b) of Magistrate Judge J. Richard Creatura's Order revoking defendant's bond and remanding her to custody. This Court reviews de novo the Magistrate Judge's decision t... NORTHWEST ADMINISTRATORS, INC., Plaintiff, v. KITSAP READY MIX, INC., Defendant. , W.D.Wash., October 23, 2009 Russell J. Reid, Reid Pedersen McCarthy & Ballew, Seattle, WA, for Plaintiff. Matthew A. Lind, Roger D. Sherrard, Sherrard McGonagle PS, Poulsbo, WA, for Defendant. ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT MARY ALICE THEILER, United States Magistrate Judge. Plaintiff Northwest Administrators, Inc. moves the Court for summary judgment against defendant Kitsap Ready Mix, Inc. (Dkts. 7 & 8.) This matter was brought pursuant to the Employee Retirement Income Security Act, 2... Beverly Anette RAINES, Principal, Brighton School, Ronald Howard, Assistant principal Aki Kurose, Sandra Bosley, Former Interim Principal at Dunlap, Chalice Stallworth, Elementary School Teacher, Ronald Pleasant, Teacher at Cleveland, Mark Della, For, W.D.Wash., October 23, 2009 Brenda Joyce Little, Law Office of Brenda J. Little, Seattle, WA, for Plaintiffs. Gregory E. Jackson, Freimund Jackson Tardiff & Benedict Garrett, Olympia, WA, for Defendant. ORDER THOMAS S. ZILLY, District Judge. THIS MATTER comes before the Court on Gregory and Kumiko Moody's Motion to Intervene, docket no. 38. Having considered all papers filed in support of and in opposition to the motion, the Court enters the following Order. DISCUSSION 1. Procedural Deficiency The Moodys fail... WESTPORT INSURANCE CORPORATION, Plaintiff, v. The MARKHAM GROUP, INC., P.S., Mark Kamitomo, and Rachel Naidu, Individually and as Personal Representation of the Estate of James L. Overcash, Defendants. , E.D.Wash., October 23, 2009 ORDER DENYING PLAINTIFF'S MOTION FOR RECONSIDERATION ROBERT H. WHALEY, District Judge. Before the Court is Plaintiff's Motion for Reconsideration (Ct.Rec.112). The motion was heard without oral argument. On August 26, 2009, the Court entered an order granting Defendant's Motion for Summary Judgment and denying Plaintiff's Motion for Summary Judgment (Ct.Rec.104). Judgment was entered in favor of Defendant and against Plaintiff with respect to Plaintiff's request for declaratory judgment (C... Rhonda O'NEAL, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , W.D.Wash., October 23, 2009 ORDER DISMISSING CASE JAMES L. ROBART, District Judge. The Court, after careful consideration of the Plaintiff's complaint, the parties' briefs, all papers and exhibits filed in support and oppostion thereto, the Report and Recommendation of the Honorable Mary Alice Theiler, United States Magistrate Judge, and the balance of the record, does hereby find and ORDER: (1) The Court adopts the Report and Recommendation; (2) The final decision of the Commissioner is AFFIRMED, and this cas... © 2009 West, a Thomson business Westlaw Integration Solutions  /  Westlaw.com