Maguire v. Eco Science Solutions, Inc

Opinion

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8

9 WENDY MAGUIRE, an individual, 10 NO. 2:18-CV-01301-RSL Plaintiff, 11 STIPULATED JOINT MOTION AND v. ORDER OF DISMISSAL OF DEFENDANT 12 L. JOHN LEWIS ECO SCIENCE SOLUTIONS, INC., a Nevada 13 corporation; GA-DU CORPORATION, a 14 Nevada corporation, and MICHAEL ROUNTREE, an individual; L. JOHN LEWIS, 15 an individual; DON TAYLOR, an individual; JEFFERY TAYLOR; an individual; and JOHN 16 DOE, #1-5, individuals, 17 Defendants. 18

19 STIPULATED JOINT MOTION 20 Plaintiff Wendy Maguire and Defendant L. John Lewis (collectively, “the Stipulating 21 Parties”) respectfully request that this Court dismiss Plaintiff’s claims against Defendant L. John 22 Lewis with prejudice pursuant to Fed. R. Civ. P. 41(a)(2), which allows the Court to dismiss any 23 action at plaintiff’s request on terms that the Court deems proper.1 The Stipulating Parties have 24 25 1 The Stipulating Parties so move under Rule 41(a)(2), instead of Rule 41(a)(1)(B), because there are other 26 defendants who have appeared in this case, but who are not parties to this Stipulation. Accordingly, the Stipulating Parties seek this Court’s order of dismissal under Rule 41(a)(2). STIPULATED JOINT MOTION AND ORDER OF CAIRNCROSS & HEMPELMANN, P.S. 1 resolved all Plaintiff claims against, whether now or hereafter in this matter, concerning 2 Defendant L. John Lewis. Defendant L. John Lewis has not stated any counterclaims or third- 3 party claims in this action. Accordingly, and pursuant to Rule 41(a)(2), the parties seek to 4 dismiss Defendant Lewis from this case.2 Each Party is to bear its own costs. 5 IT IS SO STIPULATED this 9th day of September, 2020. 6 CAIRNCROSS & HEMPELMANN, P.S. 7 8 s/Rochelle Y. Nelson Alan D. Schuchman WSBA No. 45979 9 E-mail: aschuchman@cairncross.com 10 Rochelle Y. Nelson WSBA No. 48175 E-mail: rnelson@cairncross.com 11 524 Second Avenue, Suite 500 Seattle, WA 98104-2323 12 Telephone: (206) 587-0700 Facsimile: (206) 587-2308 13 Attorneys for Plaintiff Wendy Maguire 14

15 16 /s/ 17 L. John Lewis, pro se

20 21 22 23 24 2 See Pedrina v. Chun, 987 F.2d 608, 609 (9th Cir. 1993) (explaining that the Ninth Circuit has adopted the same 25 interpretation of Rule 41 as the First, Third, Fifth, and Eighth Circuits, in which the dismissal of an “action” under Rule 41 is not limited to motions to voluntarily dismiss an entire action; the voluntary dismissal of an “action” under 26 Rule 41 refers to “causes of action” and therefore allows the parties to voluntarily dismiss claims against some, but not all, of the defendants under Rule 41.) STIPULATED JOINT MOTION AND ORDER OF CAIRNCROSS & HEMPELMANN, P.S. 1 ORDER OF DISMISSAL OF DEFENDANT LEWIS 2 The Stipulating Parties having resolved all claims set forth in this action between them and 3 having stipulated to the entry of an order of dismissal, specifically incorporating the stipulation 4 above; 5 IT IS HEREBY ORDERED that all Plaintiff’s claims raised herein against Defendant L. 6 John Lewis shall be dismissed with prejudice and without an award of attorney’s fees or costs to 7 any party, and that Defendant L. John Lewis shall be dismissed as a party to this action. 8 DATED this 25th of November, 2020. 9

11 12 ROBERT S. LASNIK UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 STIPULATED JOINT MOTION AND ORDER OF CAIRNCROSS & HEMPELMANN, P.S.