United States District Court, W.D. Washington, Tacoma
May 6, 2015
ROBERT SMITH, et al., Plaintiff,
WASHINGTON STATE, Defendant.
ORDER ADOPTING REPORT AND RECOMMENDATION AND DENYING MOTION FOR DEFAULT
[Dkt. #s 39 & 45]
RONALD B. LEIGHTON, District Judge.
THIS MATTER is before the Court on the Plaintiffs' Motion for Default [Dkt. #39] and on the Magistrate Judge Creatura's Report and Recommendation [Dkt. #45]. The Report and Recommendation addresses two Motions to Dismiss [Dkt. #s 8 & 12], and Plaintiff's Motion for Leave to Amend [Dkt. #19].
The Report and Recommendation is ADOPTED.
For the reasons articulated in the Report and Recommendation, Defendant Teamsters Local Union No. 117's Motion to Dismiss [Dkt. #8] is GRANTED. Defendant Washington Federation of State Employees' Motion to Dismiss [Dkt. #12] is GRANTED. Plaintiffs' Motion for Leave to Amend their Complaint [Dkt. #19] is GRANTED, and they shall file an Amended Complaint addressing all of the defects outlined in the Report and Recommendation within 21 days of this ORDER.
The other pending Motions to Dismiss [Dkt. #s 24, 26, and 28] are STRICKEN as moot, pending an Amended Complaint. The Moving Defendants may re-file and re-note the Motions if the Amended Complaint does not cure the defects identified, or if a timely Amended Complaint is not filed.
Plaintiffs' Motion for Default [Dkt. #39] is DENIED; the Defendants have timely defended.
The pending Motion for Appointment of Counsel [Dkt. #31] is REFFERRED to Magistrate Judge Creatura.
IT IS SO ORDERED.