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Smith v. State

United States District Court, W.D. Washington, Tacoma

May 6, 2015

ROBERT SMITH, et al., Plaintiff,
v.
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.


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