NO MORE CHANCES: BARTON’S MOTION FOR RECONSIDERATION DENIED, COURT FINDS HE ALREADY WITHDREW THE AMENDED COMPLAINT
Happy Tuesday TCPAWorld!
Found an interesting decision against the one and only Nathen W. Barton and just had to share it. Barton v. AllState Insurance Company, 2023 WL 3586177 (W.D. Wash. Apr. 28, 2023).
Nathen Barton filed against Allstate Insurance Co., Discount Insurance Quotes and John Does 1-10 alleging violations of the Telephone Consumer Protection Act (TCPA) and the parallel Washington statute.
During discovery Plaintiff learned that Discount Insurance Quotes was actually Digital Media Solutions LLC. Plaintiff moved to amend his complaint naming DMS. Shortly thereafter, the court denied the motion without prejudice for failing to comply with local rules. Plaintiff refiled.
Plaintiff then moved to dismiss Allstate as a party with prejudice and filed a notice to withdraw his amended complaint claiming that he planned to file a different amended complaint.
The Court dismissed Plaintiff’s claims against Allstate with prejudice and closed the case! The Court explained that “remaining defendants have not appeared or otherwise been a part of this action.”
Barton immediately filed the motion for reconsideration – but he failed to point out any matters to show error or bring any new matters to the Court’s attention. The Court held that “Plaintiff asks the Court to reopen the case so that he can make further amendments to an amended complaint he already withdrew.”
The claims against DMS were dismissed without prejudice, so Barton can file a new case against DMS.
As for Allstate, case closed.
Til next time, Countess!
