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Alexander v. Connelly Skis2/19/2002
Kris Alexander's personal injury case was dismissed by an order entered by a Special Master which found that the parties had not filed a confirmation of joinder, and had not filed an answer or default.
In fact, when this order was entered, a confirmation of joinder had been filed and the defendant had answered the complaint. It was an abuse of discretion to deny the motion to vacate.
FACTS
In 1997 Kris Alexander sued Connelly Skis after he was injured in a waterskiing accident. In 1999 Alexander filed suit in Pierce County.
Connelly answered the complaint but objected to venue. The Pierce County court granted Connelly's motion to change venue and transferred the case to King County.
According to the King County Superior Court Order Setting Civil Case Schedule issued for this case, the deadline for filing a 'Confirmation of Joinder of Parties' was February 1, 2000. If a confirmation of joinder was not filed, the parties were required to appear for a status conference the week of February 14. The order explained that status conferences for Seattle cases were held at 9:30 a.m. on Thursdays in Room E942 of the King County Courthouse.
Alexander did not file a Confirmation of Joinder, nor did he appear at the status conference on February 17. Connelly's counsel appeared. The Special Master entered an order that found that Alexander had failed to appear; that he had not filed a confirmation of joinder; and ordered Alexander to immediately comply with a previous January 6 order compelling discovery and terms to Connelly's counsel. The court scheduled the next status conference hearing for March 16. Connelly was excused from attending the March hearing.
Status Conference hearings took place on March 16 and in April and May.
Each time, Alexander did not appear and the court entered an order finding that the Confirmation of Joinder still had not been filed. At the status conference on May 25, the Special Master's order rescheduled the conference to August 3, unless by July 27 the case was 'in compliance with the Case Schedule and answers/defaults obtained,' and a Confirmation of Joinder and a Statement of Arbitrability were filed. The order also required Alexander to pay sanctions of $50. According to the order, failure to comply could result in dismissal or sanctions.
A Confirmation of Joinder was signed by both parties and filed on June 16. The first box on the form was checked. It states: '{t}he parties make the following joint representations'. Under this box a notice appears: 'A case status conference as noted in the case scheduling order will be canceled only if this box is checked and all parties have either signed this form or given their telephonic authority for signature.' (emphasis in original). CP 192. The parties do not dispute that an answer was also filed on April 7, 1999.
The final rescheduled status conference took place on August 3. The Special Master found that the parties had failed to appear, that '{a} Confirmation of Joinder/Issues/Blood Testing . . . has not been filed or was not joined and signed by all parties" and that there was '{n}o answer/default.' The Special Master dismissed Alexander's action without prejudice. CP 33.
Although the order of dismissal was without prejudice, the dismissal effectively terminated the plaintiff's case because the statute of limitations had expired.
In the months following the August 3 order, the parties continued to prepare for trial. Alexander and Connelly both filed witness lists. Connelly sent Alexander answers to his interrogatories. Connelly also sent stipulations for the release of Alexan
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