Georgie Anufriev v. John Leikauf, Michael Ivanov, John Thompsons Auto and Truck Center, Western International Recovery Bureau of Spokane Washington, Shannon Burke, Jeff Leikauf, and John Nowels

Summary

The United States District Court for the Eastern District of Washington granted motions to dismiss filed by Jeff Leikauf, John Nowels, and Michael Ivanov. The claims against all three defendants were dismissed without prejudice based on lack of personal jurisdiction, failure to state a claim, and the plaintiff's failure to respond to the motions.

Holdings

1. The district court may exercise discretion under Local Civil Rule 7(e) to treat a party's failure to respond to an opposing argument as consent to entry of an adverse order; plaintiff's failure to respond was therefore construed as consent to dismissal of the moving defendants.
2. The claims against Jeff Leikauf and Michael Ivanov were dismissed without prejudice for lack of personal jurisdiction under Federal Rule of Civil Procedure 12(b)(2).
3. The claims against John Nowels were dismissed without prejudice for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6).

Questions Presented

1. Whether plaintiff's failure to respond to the defendants' motions to dismiss could be construed as consent to an adverse order.
2. Whether the claims against Jeff Leikauf and Michael Ivanov should be dismissed without prejudice for lack of personal jurisdiction under Federal Rule of Civil Procedure 12(b)(2).
3. Whether the claims against John Nowels should be dismissed without prejudice for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6).

Disposition

dismissed