Lucky Star Enterprises III LLC v. Wells Fargo Bank NA

Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE

LUCKY STAR ENTERPRISES III, CASE NO. C21-1698JLR LLC, Plaintiff, v.

WELLS FARGO BANK, N.A., Defendant. Before the court is Plaintiff Lucky Star Enterprises III, LLC’s (“Lucky Star”) notice of election to waive amendment of its complaint. (NOE (Dkt. # 15).) Lucky Star initially filed this action in Snohomish County Superior Court on February 2, 2021, and asserted five claims against Defendant Wells Fargo Bank, N.A. (“Wells Fargo”). (NOR (Dkt. # 1) ¶ 1; Compl. (Dkt. # 1-1) ¶¶ 4.1-8.5).) After removing the case to this court, Wells Fargo moved for dismissal under Federal Rule of Civil Procedure 12(b)(6). (See NOR; Mot. (Dkt. # 6).) The court granted Wells Fargo’s motion, dismissed Lucky Star’s second and fourth causes of action (Compl. ¶¶ 5.1-5.4, 7.1-7.4) with prejudice, and dismissed Lucky’ Star’s first, third, and fifth causes of action (id. ¶¶ 4.1-4.5, 6.1-6.4, 8.1-8.5) without prejudice and with leave to amend within fourteen (14) days of the

court’s February 11, 2022 order. (2/11/22 Order (Dkt. # 14) at 13.) Lucky Star has declined to address the deficiencies that the court identified in its first, third, and fifth causes of action and instead waives amendment of those claims. (See NOE.) Accordingly, those claims are DISMISSED with prejudice and the Clerk is DIRECTED to close this case. See Vess v. Ciba-Geigy Corp. USA, 317 F.3d 1097, 1108

(9th Cir. 2003) (affirming dismissal with prejudice where plaintiff declined to amend deficient claims further). Dated this 2nd day of March, 2022. A

JAMES L. ROBART United States District Judge