Sundance Slope LLC v. Trout-Blue Chelan-Magi LLC

Opinion

1 U.S. DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 2 Jul 14, 2023 3 SEAN F. MCAVOY, CLERK 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF WASHINGTON 8 9 SUNDANCE SLOPE, LLC, a Washington 10 limited liability company, No. 2:23-CV-00083-SAB 11 Plaintiff, 12 v. ORDER RE: MOTIONS AND 13 TROUT-BLUE CHELAN-MAGI, LLC, a JOHN AND JANE DOES 1-10 14 Washington limited liability corporation; 15 EDWARD JOHNSON, former chief 16 executive officer of Trout-Blue Chelan- 17 MAGI, Inc. and Trout-Blue Chelan-MAGI, 18 LLC; THOMAS OLIVER, general 19 manager, Trout-Blue Chelan-MAGI, LLC; 20 WASHINGTON ORCHARD 21 MANAGEMENT, LLC, a Delaware 22 limited liability corporation, registered to 23 do business in Washington. 24 Defendants. 25 26 Before the Court are Defendant Trout-Blue Chelan-MAGI, LLC’s Partial 27 Motion to Dismiss, ECF No. 13, Defendants Edward Johnson, Thomas Oliver, and 28 Washington Orchard Management, LLC’s’ Motion to Dismiss, ECF No. 14, and 1 Plaintiff’s Motion to Amended Complaint, ECF No. 21. Plaintiffs are represented 2 by Collette C. Leland, Darren M. Digiacinto, Casey R. Simmons, and Carl E. 3 Hueber. Defendants are represented by Nathan T. Alexander and Shawn Larsen- 4 Bright. The motions were heard without oral argument. 5 The Court finds it efficient to grant Plaintiff’s motion to amend their 6 complaint for damages and declaratory judgment and to strike Defendants’ 7 motions to dismiss with leave to renew. 8 Plaintiff has named Jane and John Does 1-10 as Defendants in the above- 9 captioned matter. ECF No. 1. Barring unusual circumstances, “Doe pleading” is 10 not permitted in the Ninth Circuit. Craig v. United States, 413 F.2d 854, 856 (9th 11 Cir. 1969; see also General Orders 84-37, 13-37-1. Here, Plaintiff has not alleged 12 any unusual circumstances to justify the use of Doe pleading. Thus, the Court 13 dismisses Defendants John and Jane Does 1-10 from the case. 14 // 15 // 16 // 17 // 18 // 19 // 20 // 21 // 22 // 23 // 24 // 25 // 26 // 27 // 28 // 1 Accordingly, IT IS HEREBY ORDERED: 1. Defendant Trout-Blue Chelan-MAGI, LLC’s Partial Motion to 3}} Dismiss, ECF No. 13 and Defendants Edward Johnson, Tom Oliver, and Washington Orchard Management, LLC’s’ Motion to Dismiss, ECF No. 14, are STRICKEN with leave to renew. 2. Plaintiff's Motion to Amend First Amended Complaint, ECF No. 21, is GRANTED. 8 3. Defendants John and Jane Does 1-10 are DISMISSED without prejudice and shall not be included in Plaintiff’s Amended Complaint. 10 4. The Court directs the District Court Clerk to terminate Defendants 11|| John and Jane Does 1-10 from the above-captioned matter. 12 IT IS SO ORDERED. The District Court Clerk is hereby directed to file 13|| this Order and provide copies to counsel. 14 DATED this 14th day of July 2023. 15 16 17 18 byt Secthan 50 Stanley A. Bastian 51 Chief United States District Judge

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OADRDNED PT. MATIONC ANT IMNTIN ANT TANEP NRAPC 1104 2