Bonner v. Rexon Industrial Corp

• Court: District Court, E.D. Washington
• Decided: March 27, 2024
• Docket: 2:18-cv-00288
• Status: Unknown

Opinion

1 2 FILED IN THE 3 U.S. DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 4 Mar 27, 2024

5 SEAN F. MCAVOY, CLERK 6 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 7 STEVEN BONNER, individually, 8 No. 2:18-CV-00288-SAB 9 Plaintiff,

10 v. ORDER DENYING MOTION, DISMISSING CASE, AND 11 SEARS ROEBUCK & CO., CLOSING FILE 12 Defendant. 13

14 15 Before the Court is Plaintiff’s Motion for Leave to Withdraw on Behalf of 16 Brandon R. Casey and Ryan C. Swapp, ECF No. 79. Plaintiff is represented by 17 Brandon R. Casey and Ryan C. Swapp. Defendant is represented by Ryan W. 18 Vollans. The motion was heard without oral argument. 19 After this case withered on the vine for six years, Plaintiff’s counsel moves 20 the Court to withdraw as counsel. The Court denies the motion but dismisses the 21 case without prejudice. 22 It is unfortunate to hear of Plaintiff’s apparent death on April 7, 2023. 23 Plaintiff’s counsel indicates that Plaintiff died without heirs other than his sisters 24 and that the family members do not intend to file a probate and/or appoint a 25 personal representative. 26 Under Washington State law, “No action for a personal injury to any person 27 occasioning death shall abate, nor shall such right of action terminate, by reason of 28 such death, if such person has … surviving parents or siblings.” RCW 4.20.060(1). 1|| Furthermore, Plaintiff's counsel cannot amend the complaint pursuant to RCW 4.20.060(2) and proceed with a survival action. Klossner v. San Juan County, 21 Wn. App. 689, 690, 586 P.2d 899 (1978) (“a surviving personal injury action ... can only be filed by the personal representative of the states for the benefit of or in 5|| favor of certain designated beneficiaries’’). After reviewing the present motion and being fully informed, the Court denies Plaintiff’s motion and dismisses this case without prejudice. 8 Accordingly, IT IS HEREBY ORDERED: 9 1. Plaintiff's Motion for Leave to Withdraw on Behalf of Brandon R. Casey and Ryan C. Swapp, ECF No. 79, is DENIED. 11 2. The above-captioned action is DISMISSED without prejudice pursuant to Fed. R. Civ. P. 41(a)(2) without costs or attorneys’ fees to any party. 13 3. Any pending motions are DISMISSED as moot. 14 4. The status conference set for June 4, 2024 and all other deadlines are 15|| STRICKEN from the Court’s calendar. 16 IT IS SO ORDERED. The District Court Clerk is hereby directed to file 17|| this Order, provide copies to counsel, and close the file. 18 DATED this 27th day of March 2024. 19 20 21 22) bya Sectha— 34 Stanley A. Bastian 9s Chief United States District Judge 26 27 28

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