PLAINTIFF'S MOTION FOR VOLUNTARY 

DISMISSAL OF REQUEST FOR EMOTIONAL 

DISTRESS DAMAGES 

(CV06-504) - 1 

LAW OFFICES 

SHORT CRESSMAN & BURGESS PLLC

999 THIRD AVENUE, SUITE 3000 

SEATTLE, WASHINGTON 98104-4088 

(206) 682-3333

590004.1/025919.00001

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THE HONORABLE JAMES L. ROBART 

UNITED STATES DISTRICT COURT 

WESTERN DISTRICT OF WASHINGTON 

AT SEATTLE 

LEONARD COULOMBE, 

Plaintiff, 

v. 

TOTAL RENAL CARE HOLDINGS, 

INC., DAVITA INC., 

Defendants. 

 

NO. CV06-504 

PLAINTIFF'S MOTION FOR 

VOLUNTARY DISMISSAL OF 

REQUEST FOR EMOTIONAL 

DISTRESS DAMAGES 

NOTE ON MOTION CALENDAR 

AUGUST 18, 2006 

I. RELIEF REQUESTED

Plaintiff Leonard Coulombe requests that the Court enter an order which 

dismisses without prejudice his request for emotional distress damages referenced 

in paragraph 4.1 of the Complaint. Plaintiff's claims in the instant action are for 

monetary relief for defendant's failure to pay compensation from his employment 

with defendants in the form of stock options, salary and bonus. Plaintiff is not 

pursuing a claim for emotional distress damages. 

II. PERTINENT FACTS

At paragraph 4.1 of his Complaint, under the heading "Damages", plaintiff 

makes reference to emotional distress damages. In his prayer for relief, plaintiff 
PLAINTIFF'S MOTION FOR VOLUNTARY 

DISMISSAL OF REQUEST FOR EMOTIONAL 

DISTRESS DAMAGES 

(CV06-504) - 2 

LAW OFFICES 

SHORT CRESSMAN & BURGESS PLLC

999 THIRD AVENUE, SUITE 3000 

SEATTLE, WASHINGTON 98104-4088 

(206) 682-3333

590004.1/025919.00001

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requests an award of his claimed damages. However, Mr. Coulombe is not seeking 

an award of emotional distress damages in this action and the Complaint should 

reflect this fact. Accordingly, he moves for voluntary dismissal of the request for 

emotional distress damages. 

III. APPLICABLE LAW

Rule 41(a) permits voluntary dismissal of a claim for damages without 

prejudice after a responsive pleading has been filed. Defendants answered the 

plaintiff's Complaint. No counterclaim or cross-claim has been filed. 

Since plaintiff is not pursuing a claim for emotional distress, he moves to 

dismiss the request for emotional distress damages to the extent such a request can 

be read on the face of the Complaint. He requests that the reference to emotional 

distress damages be deemed stricken from the Complaint. 1

 

IV. PROPOSED ORDER

Based upon the above, it is ordered: 

Plaintiff's request for emotional distress damages is dismissed without prejudice 

and the reference to emotional distress damages is stricken from the Complaint. 

DATED this 28th of July 2006. 

 SHORT CRESSMAN & BURGESS PLLC 

By s/ David E. Breskin 

David E. Breskin, WSBA No. 10607 

dbreskin@scblaw.com

Claudia Kilbreath, WSBA No. 23144 

ckilbreath@scblaw.com 999 Third Avenue, Suite 3000 

Seattle, WA 98104-4088 

Phone: (206) 682-3333 

Fax: (206) 340-8856 

Attorneys for Plaintiff 

 

1

 Also, under Rule 12(f), the Court on its own initiative may strike any "immaterial" matter 

from any pleading. 
PLAINTIFF'S MOTION FOR VOLUNTARY 

DISMISSAL OF REQUEST FOR EMOTIONAL 

DISTRESS DAMAGES 

(CV06-504) - 3 

LAW OFFICES 

SHORT CRESSMAN & BURGESS PLLC

999 THIRD AVENUE, SUITE 3000 

SEATTLE, WASHINGTON 98104-4088 

(206) 682-3333

590004.1/025919.00001

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CERTIFICATE OF SERVICE 

I hereby certify that on July 28, 2006, I electronically filed the foregoing to the 

Clerk of the Court using the CM/ECF system which will send notification of such filing 

to the following: 

• David Elliot Breskin

dbreskin@scblaw.com lstevens@scblaw.com 

• Brian Matthew Flock

BFlock@perkinscoie.com BBuringa@perkinscoie.com 

• James Sanders

jsanders@perkinscoie.com dnylund@perkinscoie.com 

 By s/David E. Breskin 

David E. Breskin, WSBA No. 10607 

dbreskin@scblaw.com

Claudia Kilbreath, WSBA No. 23144 

ckilbreath@scblaw.com 999 Third Avenue, Suite 3000 

Seattle, WA 98104-4088 

Phone: (206) 682-3333 

Fax: (206) 340-8856 

Attorneys for Plaintiff