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

1 U.S. DISTRICT COURT EASTERN DISTRICT OF WASHINGTON Jul 14, 2023 SEAN F. MCAVOY, CLERK 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF WASHINGTON SUNDANCE SLOPE, LLC, a Washington limited liability company, No. 2:23-CV-00083-SAB 11 Plaintiff, 12 v. ORDER RE: MOTIONS AND TROUT-BLUE CHELAN-MAGI, LLC, a JOHN AND JANE DOES 1-10 Washington limited liability corporation; EDWARD JOHNSON, former chief executive officer of Trout-Blue Chelan- MAGI, Inc. and Trout-Blue Chelan-MAGI, LLC; THOMAS OLIVER, general manager, Trout-Blue Chelan-MAGI, LLC; WASHINGTON ORCHARD MANAGEMENT, LLC, a Delaware limited liability corporation, registered to do business in Washington.

24 Defendants.

26 Before the Court are Defendant Trout-Blue Chelan-MAGI, LLC’s Partial Motion to Dismiss, ECF No. 13, Defendants Edward Johnson, Thomas Oliver, and Washington Orchard Management, LLC’s’ Motion to Dismiss, ECF No. 14, and Plaintiff’s Motion to Amended Complaint, ECF No. 21. Plaintiffs are represented 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- Bright. The motions were heard without oral argument.

5 The Court finds it efficient to grant Plaintiff’s motion to amend their complaint for damages and declaratory judgment and to strike Defendants’ motions to dismiss with leave to renew.

8 Plaintiff has named Jane and John Does 1-10 as Defendants in the above- captioned matter. ECF No. 1. Barring unusual circumstances, “Doe pleading” is not permitted in the Ninth Circuit. Craig v. United States, 413 F.2d 854, 856 (9th Cir. 1969; see also General Orders 84-37, 13-37-1. Here, Plaintiff has not alleged any unusual circumstances to justify the use of Doe pleading. Thus, the Court dismisses Defendants John and Jane Does 1-10 from the case.

14 // // // // // // // // // // // // // // // 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. byt Secthan 50 Stanley A. Bastian 51 Chief United States District Judge

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