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Harbers v. Eddie Bauer LLC

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

July 10, 2019

JENNIFER HARBERS, for Herself, as a Private Attorney General, and/or On Behalf Of All Others Similarly Situated, Plaintiff,
v.
EDDIE BAUER LLC, and DOES 1 -20, inclusive, Defendants.

          HATTIS & LUKACS Daniel M. Hattis, WSBA No. 50428 Hattis & Lukacs Attorneys for Plaintiff Jennifer Harbers And the Proposed Class

          SEED IP LAW GROUP LLP Marc C. Levy, WSBA No. 19203 Seed IP Law Group LLP STEPTOE & JOHNSON LLP Stephanie A. Sheridan (pro hac vice) Attorneys for Defendant Eddie Bauer LLC

          STIPULATED MOTION AND ORDER RE: BRIEFING SCHEDULE FOR DEFENDANT'S MOTION TO DISMISS

          THE HONORABLE JAMES L. ROBART UNITED STATES DISRICT COURT JUDGE.

         NOTE ON MOTION CALENDAR: TUESDAY, JULY 9, 2019

         STIPULATION

         WHEREAS, on May 20, 2019, Plaintiff Jennifer Harbers ("Plaintiff or "Harbers") filed this civil action in the Superior Court of King County, Washington, and, on June 12, 2019, filed her operative First Amended Complaint in the Superior Court of King County, Washington;

         WHEREAS, on June 21, 2019, Defendant Eddie Bauer LLC ("Defendant" or "Eddie Bauer") removed this civil action to the U.S. District Court for the Western District of Washington [see Notice of Removal (Dkt. 1)];

         WHEREAS, on June 28, 2019, Defendant Eddie Bauer filed a Motion To Dismiss the First Amended Complaint on the grounds that it failed to state a claim upon which relief can be granted [see Motion to Dismiss First Amended Complaint (Dkt. 11)];

         WHEREAS, the Motion To Dismiss has a noting date of Friday, July 26, 2019, which would require Plaintiff Harbers to file and serve her opposition on or before Monday, July 22, 2019 [LCR 7(d)(3)];

         WHEREAS, on July 4, 2019, Plaintiff Harbers filed a Motion To Remand, arguing that this Court lacks subject matter jurisdiction on the grounds that the First Amended Complaint does not allege an injury-in-fact sufficiently concrete to provide Article III standing [see Motion To Remand (Dkt. 13)];

         WHEREAS, the Motion To Remand has a noting date and a briefing schedule identical to that of the Motion to Dismiss, i.e., a noting date of Friday, July 26, 2019, which would require Defendant Eddie Bauer to file and serve its opposition on or before Monday, July 22, 2019 [LCR 7(d)(3)];

         WHEREAS, judicial and party resources would be conserved if the Court ruled on the Motion To Remand before the parties were required to file and serve an opposition and a reply to the Motion To Dismiss;

         WHEREAS, a ruling on the subject matter jurisdiction challenge in the Motion To Remand must precede a ruling on the sufficiency of the allegations of the First Amended Complaint, i.e., "[b]efore the Court decides whether any deficiency in Plaintiffs Complaint warrants dismissal, the Court must decide whether it has jurisdiction over Plaintiffs claims," Tate v. Fresenius USA, Inc., 2013 WL 12133850, *3 (CD. Cal. Sept. 4, 2013), and "a federal court must remand for lack of subject matter jurisdiction notwithstanding the presence of other motions pending before the court," University of South Alabama v. American Tobacco Co., 168 F.3d 405, 411 (11th Cir. 1999), and "[a]ny order remanding for lack of subject matter jurisdiction necessarily denies all other pending motions," Dahiya v. Talmidge Intern., Ltd., 371 F.3d 207, 210 (5th Cir. 2004);

         NOW, THEREFORE, PLAINTIFF JENNIFER HARBERS AND DEFENDANT EDDIE BAUER LLC ...


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