Delfino Green & Green v. Workers Compensation Solutions, LLC

Northern District of California, cand-4:2015-cv-02302

ORDER by Judge Haywood S. Gilliam, Jr. GRANTING {{38}} STIPULATION AND {{19}} MOTION TO DISMISS.

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 DELFINO GREEN & GREEN, 7 Case No. 15-cv-02302-HSG Plaintiff, 8 ORDER GRANTING STIPULATION v. AND MOTION TO DISMISS 9 WORKERS COMPENSATION Re: Dkt. Nos. 19, 38 10 SOLUTIONS, LLC, 11 Defendant. 12 Northern District of California United States District Court 13 Pending before the Court is Plaintiff and Counter-Defendant Delfino Green & Green's 14 motion to dismiss the first four causes of action in Defendant and Counter-Plaintiff Workers 15 Compensation Solutions' counter-claim. Dkt. No. 19 ("Mot."). On September 11, 2015, the 16 parties stipulated to dismissal of Defendant's first three causes of action in its counter-claim. Dkt. 17 No. 38. The Court GRANTS the parties' stipulation and DISMISSES Defendant's causes of 18 action for (1) "Declaratory Relief: Attorney Fee Agreement—Void"; (2) "Declaratory Relief: 19 Attorney Fee Agreement Does not Provide for Interest"; (3) "Declaratory Relief: Attorney Fee 20 Agreement Does not Provide Recovery on Reimbursed Fees or Costs." 21 // 22 // 23 // 24 // 25 // 26 // 27 // 28 // 1 The Court further finds that, because Defendant's fourth cause of action in its counter- 2 claim is redundant of certain of its affirmative defenses, see Dkt. No. 30 at 7, it is appropriate to 3 strike that cause of action as well. A number of district courts have reached the same result. See 4 Stickrath v. Globalstar, Inc., No. 07-cv-01941-TEH, 2008 WL 2050990, at *3 (N.D. Cal. May 13, 5 2008) (collecting cases). The counter-claim "serve[s] no useful purpose" and is "entirely 6 superfluous." Id. at *5, 7 (internal quotation marks omitted). As a result, the Court GRANTS 7 Plaintiff's motion to dismiss and STRIKES Defendant's fourth cause of action for "Declaratory 8 Relief: November 14, 2014 Agreement—Void" pursuant to Rule 12(f). 9 IT IS SO ORDERED. 10 Dated: 9/11/2015 11 ______________________________________ HAYWOOD S. GILLIAM, JR. 12 United States District Judge Northern District of California United States District Court 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2