Facts
- The court issued an order to show cause regarding the dismissal of the case due to lack of prosecution [lines="20-21"].
- Plaintiff had not served the summons and complaint on the defendants within the required 90-day period after filing [lines="22-23"].
- The court noted that appropriate diligence must be exercised in attempting service, especially for foreign entities [lines="35-36"].
- The court stated that failure to comply with this order could result in dismissal of the action [lines="57-58"].
- Plaintiff was ordered to respond in writing by October 7, 2024, justifying why the action should not be dismissed [lines="38-40"].
Issues
- Whether the plaintiff has shown good cause for the failure to serve the defendants within the mandated timeframe [lines="22-23"].
- Whether the action should be dismissed for lack of prosecution due to the plaintiff's inaction [lines="57-58"].
Holdings
- The court indicated that absent good cause, the action would be dismissed without prejudice for failure to serve the defendants [lines="23-24"].
- The court emphasized that failure to file a timely response to the Order to Show Cause could lead to dismissal for lack of prosecution [lines="58-59"].
OPINION
*1 Case 2:23-cv-00953-TSZ Document 66 Filed 08/29/24 Page 1 of 2 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE L.B. and M.B., individually and on
behalf of their minor child A.B.; C.M. and A.H., individually and on behalf of
their minor child J.M.; and on behalf of others similarly situated, C23-0953 TSZ
Plaintiffs, MINUTE ORDER v.
PREMERA BLUE CROSS,
Defendant. The following Minute Order is made by direction of the Court, the Honorable Thomas S. Zilly, United States District Judge: (1) Plaintiffs’ motion to seal, docket no. 37, is GRANTED in part,
DEFERRED in part, and RENOTED as follows:
(a) Plaintiffs’ motion is GRANTED as to the deposition transcripts of Drs. Abernathey and Morrison. Plaintiffs have set forth a compelling reason to keep court records sealed. Cf. Kamakana v. City & Cnty. of Honolulu , 447 F.3d 1172, 1179 (9th Cir. 2006). Accordingly, Exhibits K & P to the Declaration of Eleanor Hamburger, docket nos. 47 & 47-1, and Plaintiffs’ motion for partial summary judgment, docket no. 43, shall remain sealed.
(b) Plaintiffs’ motion is DEFERRED as to Exhibits CC & FF to the Declaration of Eleanor Hamburger, docket nos. 47-2 & 47-3. Plaintiffs filed Exhibits CC & FF under seal solely because they were designated as confidential by Defendant, and Plaintiffs otherwise objects to the sealing of Exhibits CC & FF. See Mot. at 4 (docket MINUTE ORDER - 1
*2 Case 2:23-cv-00953-TSZ Document 66 Filed 08/29/24 Page 2 of 2 no. 37). Defendant has not filed a response supporting the sealing of Exhibits CC & FF. Accordingly, Plaintiffs’ motion to seal is RENOTED to September 6, 2024. Defendant is DIRECTED to file a response to the motion by the new noting date outlining why Exhibits CC & FF should remain under seal; no reply is necessary unless ordered by the Court. If Defendant fails to file a response by the new noting date, Exhibits CC & FF will be unsealed.
(2) The Clerk is directed to send a copy of this Minute Order to all counsel of record.
Dated this 29th day of August, 2024.
Ravi Subramanian Clerk s/Laurie Cuaresma Deputy Clerk MINUTE ORDER - 2