Lee v. Amica Mutual Insurance Company

Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON DANIEL LEE and ANASTASIA LEE, CASE NO. 2:24-cv-00591-TL Plaintiffs, ORDER ON MOTION FOR PARTIAL v. SUMMARY JUDGMENT AMICA MUTUAL INSURANCE COMPANY; ROBERT T. HANLEY; T-N- T CLAIMS AND CONSULTING SERVICES, INC.; and TROY VICTOR HASKELL d/b/a T-N-T CLAIMS AND Defendants. This case arises out of a dispute regarding insurance coverage for a residential property. The matter comes before the Court on Defendants Amica Mutual Insurance Company, Robert T. Hanley, T-N-T Claims & Consulting Services, Inc., and Troy Victor Haskell’s Motion for Summary Judgment re: Improper Suit Against Parties Other than Amica. Dkt. No. 15. As detailed in the Court’s prior Order of Remand (Dkt. No. 26), this case is being remanded to King County Superior Court for lack of subject matter jurisdiction. The partial summary judgment motion seeks dismissal of all defendants apart from Amica based on improper suit. See generally Dkt. No. 15. However, the Court has no discretion to adjudicate the merits of this motion. See Scott v. Pasadena Unified Sch. Dist., 306 F.3d 646, 664 (9th Cir. 2002) (“[I]f the court dismisses for lack of subject matter jurisdiction, it has no

discretion and must dismiss all claims.”) Therefore, the motion is DENIED AS MOOT. Dated this 3rd day of July 2024. A Tana Lin United States District Judge