Case 2:15-cv-01616-TSZ Document 84 Filed 07/28/16 Page 1 of 1

1
2
3

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

4
5
6

COBBLER NEVADA, LLC,
Plaintiff,

7
8
9

C15-1616-TSZ
v.
MINUTE ORDER
JESSE HAMILTON, et al.,
Defendants.

10
The following Minute Order is made by direction of the Court, the Honorable
11 Thomas S. Zilly, United States District Judge:
12
13
14
15
16
17
18
19

(1)
Defendant Michael Wilson’s Motion to Dismiss, docket no. 80, is
DENIED. Defendant’s motion merely denies liability. However, the truth of factual
allegations at the motion to dismiss phase is irrelevant. Ashcroft v. Iqbal, 556 U.S. 662,
695 (2009) (“Twombly does not require a court at the motion-to-dismiss stage to consider
whether the factual allegations are probably true. We made it clear, on the contrary, that
a court must take the allegations as true, no matter how skeptical the court may be.”).
Thus, defendant Wilson’s denial of having infringed plaintiff’s copyright is not a valid
basis to dismiss the claim at this stage, as opposed to a motion for summary judgment
pursuant to Rule 56. Should defendant Wilson have an alternative basis to dismiss under
Rule 12 (e.g., for subject-matter jurisdiction, personal jurisdiction, etc.) he may file such
a motion within 21 days of the entry of this Order.
(2)
The Clerk is directed to send a copy of this Minute Order to all counsel of
record and to defendant pro se Michael Wilson.
Dated this 28th day of July, 2016.

20

William M. McCool
Clerk

21

s/Karen Dews
Deputy Clerk

22
23
MINUTE ORDER - 1