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26 ORDER - 1

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT TACOMA

WOODBURN CONSTRUCTION CO.,

Plaintiff,

v.

ENCON PACIFIC, LLC, d/b/a Concrete

Products of Western Washington, LLC; and

CONCRETE PRODUCTS OF WESTERN

WASHINGTON, LLC,

Defendants.

_____________________________________

ENCON WASHINGTON, LLC f/k/a Concrete

Products of Western Washington, LLC,

 Counter-claimant,

 v.

WOODBURN CONSTRUCTION CO.;

COUNTY OF COWLITZ, WASHINGTON;

and SAFECO INSURANCE COMPANY OF

AMERICA,

 Counter-defendants.

Case No. C05-5811FDB 

ORDER DENYING ENCON

PACIFIC, LLC’S MOTION FOR

SUMMARY JUDGMENT AGAINST

PLAINTIFF WOODBURN

CONSTRUCTION CO. 

Case 3:05-cv-05811-BHS Document 85 Filed 01/23/07 Page 1 of 3
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26 ORDER - 2

Defendant Encon Pacific, LLC moves for summary judgment against Woodburn

Construction Co. for failure to state a claim, asserting that it was not a party to the contract that

Woodburn alleges was breached. 

Defendant asserts that Concrete Products of Western Washington, LLC changed its name to

EnCon Washington, LLC on January 28, 2005 and that EnCon Pacific has never done business as

Concrete Products of Western Washington, LLC. Defendant further asserts that the contract is

between Woodburn and EnCon Washington, and that, therefore, EnCon Pacific must be dismissed. 

Woodburn opposes the motion and has submitted evidence obtained during discovery,

including Shop Drawings with the footer legend “Encon Pacific, LLC DBA Concrete Products of

Western Washington”; “Shop Tickets” (drawings used by Defendants internally in their production

process) with a footer that includes a logo and “Encon Pacific, LLC DBA Concrete Products of

WW”; “Revenue Recognition Report” for “Cowlitz City Jail Styro Panels, Woodburn Construction

Co., Inc.” project, and the report purports to be that of the “Encon Pacific Companies”; “Cost

Entries by Job” spreadsheet purporting to be that of “Encon Pacific Companies”; checks to subsubcontractors on the account of “Encon Pacific D/B/A Concrete Products Company”; and website

pages that include the logo along with the legend “Encon Pacific, LLC DBA Concrete Products Co.”

and a “home page” that states that Concrete Products Co.’s “Corporate Sales, Estimating &

Engineering” are performed by “Encon Washington, LLC, 5415 198th St. East, Puyallup, WA

98375.” Woodburn argues that this evidence demonstrates that Encon Pacific was “doing business

as” Concrete Products of Western Washington when it performed the Subcontract’s work. 

The Court concludes that there is a genuine dispute of material fact as to the assertion that

Encon Pacific has never done business as Concrete Products of Western Washington, LLC. 

Defendants’ argument that the shop drawings and shop tickets were created by a draftsman not

EnCon Pacific’s management, that EnCon Washington was retained to supply precast concrete

panels, not accounting services, and that the checks indicate a loan to the sub-subcontractors in

Case 3:05-cv-05811-BHS Document 85 Filed 01/23/07 Page 2 of 3
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26 ORDER - 3

return for assignment of their rights to payment by Woodburn, and that Concrete Products Co. is not

the same as Concrete Products of Western Washington, LLC are weak and insufficient to support

summary judgment. 

ACCORDINGLY, IT IS ORDERED: Defendant EnCon Pacific, LLC’s Motion for Summary

Judgment against Plaintiff Woodburn Construction Co. [Dkt. # 48] is DENIED. 

DATED this 22nd day of January, 2007.

AFRANKLIN D. BURGESS

UNITED STATES DISTRICT JUDGE

Case 3:05-cv-05811-BHS Document 85 Filed 01/23/07 Page 3 of 3