Latimer v. AT&T Mobility LLC

W.D. Washington

Latimer v. AT&T Mobility LLC

DecidedJuly 14, 2021

Docket2:21-cv-00856

StatusUnknown

This text of Latimer v. AT&T Mobility LLC (Latimer v. AT&T Mobility LLC) is published on Counsel Stack Legal Research, covering District Court, W.D. Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Latimer v. AT&T Mobility LLC, (W.D. Wash. 2021).

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THE HONORABLE JOHN C. COUGHENOUR 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE 9 DANIELLE LATIMER, CASE NO. C21-0856-JCC 10 Plaintiff, MINUTE ORDER 11 v. 12 AT&T MOBILITY LLC, et al., 13 Defendants. 14

15 The following Minute Order is made by direction of the Court, the Honorable John C. 16 Coughenour, United States District Judge: 17 This matter comes before the Court on the parties’ stipulated notice of dismissal of 18 Plaintiff’s claims against Defendant AT&T Inc. and stipulated motion requesting that the Court 19 adopt the parties’ proposed briefing schedule for Defendants’ forthcoming motion to dismiss and 20 motion to compel arbitration (Dkt. No. 9). 21 A. Dismissal of AT&T Inc. 22 Federal Rule of Civil Procedure 41(a)(1)(A)(ii) provides that a “plaintiff may dismiss an 23 action without a court order by filing . . . a stipulation of dismissal signed by all parties who have 24 appeared.” Here, the parties nevertheless request that the Court enter a proposed order filed with 25 their stipulation. Although Rule 41 governs dismissal of an “action,” the Ninth Circuit has held 26 that a “plaintiff may dismiss some or all of the defendants . . . through a Rule 41(a)(1) notice.” 1 Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). The parties have stipulated to 2 dismissing all claims against AT&T Inc. without prejudice, and the stipulation is signed by all 3 parties who have appeared. (See Dkt. No. 9.) Thus, under Federal Rule of Civil Procedure 4 41(a)(1)(A)(ii), the stipulation is self-executing. All claims against AT&T Inc. are DISMISSED 5 without prejudice and without costs to any party, with each party to bear its own attorney fees 6 and other litigation expenses. 7 B. Sequencing of Motion to Dismiss and Motion to Compel Arbitration 8 Finding good cause, the Court GRANTS the parties’ motion regarding the sequencing of 9 Defendants’ forthcoming motion to dismiss and motion to compel arbitration. Defendants shall 10 file their motion to dismiss no later than July 26, 2021 and their motion to compel arbitration no 11 later than 30 days after the Court rules on the motion to dismiss. 12 DATED this 14th day of July 2021. 13 Ravi Subramanian Clerk of Court 14 s/Paula McNabb 15 Deputy Clerk 16 17 18 19 20 21 22 23 24 25 26

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THE HONORABLE JOHN C. COUGHENOUR 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE 9 DANIELLE LATIMER, CASE NO. C21-0856-JCC 10 Plaintiff, MINUTE ORDER 11 v. 12 AT&T MOBILITY LLC, et al., 13 Defendants. 14

15 The following Minute Order is made by direction of the Court, the Honorable John C. 16 Coughenour, United States District Judge: 17 This matter comes before the Court on the parties’ stipulated notice of dismissal of 18 Plaintiff’s claims against Defendant AT&T Inc. and stipulated motion requesting that the Court 19 adopt the parties’ proposed briefing schedule for Defendants’ forthcoming motion to dismiss and 20 motion to compel arbitration (Dkt. No. 9). 21 A. Dismissal of AT&T Inc. 22 Federal Rule of Civil Procedure 41(a)(1)(A)(ii) provides that a “plaintiff may dismiss an 23 action without a court order by filing . . . a stipulation of dismissal signed by all parties who have 24 appeared.” Here, the parties nevertheless request that the Court enter a proposed order filed with 25 their stipulation. Although Rule 41 governs dismissal of an “action,” the Ninth Circuit has held 26 that a “plaintiff may dismiss some or all of the defendants . . . through a Rule 41(a)(1) notice.” 1 Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). The parties have stipulated to 2 dismissing all claims against AT&T Inc. without prejudice, and the stipulation is signed by all 3 parties who have appeared. (See Dkt. No. 9.) Thus, under Federal Rule of Civil Procedure 4 41(a)(1)(A)(ii), the stipulation is self-executing. All claims against AT&T Inc. are DISMISSED 5 without prejudice and without costs to any party, with each party to bear its own attorney fees 6 and other litigation expenses. 7 B. Sequencing of Motion to Dismiss and Motion to Compel Arbitration 8 Finding good cause, the Court GRANTS the parties’ motion regarding the sequencing of 9 Defendants’ forthcoming motion to dismiss and motion to compel arbitration. Defendants shall 10 file their motion to dismiss no later than July 26, 2021 and their motion to compel arbitration no 11 later than 30 days after the Court rules on the motion to dismiss. 12 DATED this 14th day of July 2021. 13 Ravi Subramanian Clerk of Court 14 s/Paula McNabb 15 Deputy Clerk 16 17 18 19 20 21 22 23 24 25 26

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Latimer v. AT&T Mobility LLC, Counsel Stack Legal Research, https://law.counselstack.com/opinion/latimer-v-att-mobility-llc-wawd-2021.

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