Tori Belle Cosmetics LLC v. Meek

Opinion

5 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON 6 AT SEATTLE

7 TORI BELLE COSMETICS, LLC, 8 CASE NO. 2:21-cv-00066-RSL Plaintiff, 9 v. 10 ORDER DISMISSING CLAIMS AGAINST AFFILIATE NATALIE MEEK, et al., DEFENDANTS 11

Defendants. 12

13 This matter comes before the Court on a motion for summary judgment filed on 14 15 behalf of defendants Anna M. Hone, Johnette Rutledge, and Kinzie Jones. Dkt. # 159. 16 Although the motion is untimely, had it not been filed, the Court would have issued an 17 order requiring plaintiff to show cause why its claims against the Affiliate defendants 18 should not be dismissed for failure to produce admissible evidence of damages arising 19 20 from the conduct of Ms. Hone, Ms. Rutledge, Ms. Jones, and/or defendant Jennifer Russo. 21 There being no reason to go to trial on claims that cannot, as a matter of law, be 22 successfully prosecuted, the Court exercises its discretion to consider the untimely motion 23 and sua sponte evaluate the viability of the claims against Ms. Russo.1 24 25

26 1 The Court recognizes that Ms. Russo has not filed a motion for summary judgment. Where, as here, a party has had ample opportunity to show a genuine dispute of fact on a dispositive issue, it is appropriate for the district court to ORDER DISMISSING CLAIMS AGAINST AFFILIATE 1 For the reasons stated in the Order Granting in Part Natalie Meek’s Motion for 2 Summary Judgment (Dkt. # 157), plaintiff’s damages evidence is inadmissible under Fed. 3 R. Civ. P. 37(c)(1). Plaintiff has again failed to formally request a lesser sanction than 4 5 exclusion, 2 Vanderberg v. Petco Animal Supplies Stores, Inc., 906 F.3d 698, 705 (8th Cir. 6 2018), and is therefore “not allowed to use that information or witness to supply evidence 7 on a motion, at a hearing, or at a trial.” Merch. v. Corizon Health, Inc., 993 F.3d 733, 741 8 (9th Cir. 2021) (quoting Fed. R. Civ. P. 37(c)(1)). 9 10 As discussed in the Court’s prior order, the lack of evidence of damages arising 11 from the wrongful conduct alleged is fatal to each of plaintiff’s claims against the moving 12 defendants and Ms. Russo. Tori Belle’s claims against the Affiliate defendants are hereby 13 DISMISSED with prejudice. 14 15 16 Dated this 23rd day of May, 2023.

17 18 Robert S. Lasnik 19 United States District Judge 20 21 22 23

24 grant summary judgment to the non-moving party sua sponte. See Albino v. Baca, 747 F.3d 1162, 1176 (9th Cir. 2014). 25 2 Even if a request for a lesser sanction had been made, the evidence at issue would require the jury to speculate 26 regarding the amount of damages caused by these defendants’ individual or collective actions. See Dkt. # 157 at 11 n.6. ORDER DISMISSING CLAIMS AGAINST AFFILIATE