Order%20Granting%20M%20-%20Dismiss - Case 2:06-cv-00815-MJP...

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ORDER - 1 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE GILLIAN B. LOYA, et al., Plaintiffs, v. Defendants. No. C06-0815MJP ORDER DENYING PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT AND GRANTING DEFENDANTS’ MOTION TO DISMISS ON FORUM NON CONVENIENS GROUNDS This matter comes before the Court on Plaintiffs’ motion for summary judgment regarding personal jurisdiction, venue, and violations of the Washington Consumer Protection Act (Dkt. No. 68) and Defendants’ cross-motion to dismiss on forum non conveniens grounds (Dkt. No. 117). Having considered the parties’ briefs, and the documents submitted in support thereof, the Court DENIES Plaintiffs’ motion and GRANTS Defendants’ cross-motion. This action is DISMISSED on forum non conveniens grounds. Background This case arises from the death of Ricardo Loya. Mr. Loya died on May 26, 2005, while scuba diving off the coast of Mexico during a vacation in which the Loyas were registered guests at Club Regina Los Cabos, a timeshare in Los Cabos, Baja California Sur, Mexico. Mr. Loya’s wife, Gillian Loya, has sued on behalf of herself, in her capacity as the personal representative of Mr. Loya’s estate, and as guardian ad litem for her two daughters, for damages resulting from Mr. Loya’s death. Case 2:06-cv-00815-MJP Document 165 Filed 07/06/07 Page 1 of 17
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ORDER - 2 The Loyas traveled to Mexico with their friends, David and Deborah Jones. In 1999, the Joneses purchased a timeshare at Whistler from Defendant Whiski Jack. This purchase entitled the Joneses to timeshare rights at Whistler and to exchange rights at resorts around the world including at the Club Regina facility. The Joneses exercised those rights and brought the Loyas with them to Club Regina as their guests. Plaintiffs have sued the following Defendants in connection with Mr. Loya’s death: Raintree Resorts International, Whiski Jack Resorts, Douglas Bech, Walker Harmon, Westin Hotel and Resorts, Starwood Trust, Corporation Mexiture S.A. de C.V. dba Xplora Adventour Los Cabos, PADI Americas, PADI Worldwide, and Resort Condominiums International. Raintree Resorts International (“Raintree”) owns the timeshare resort, Club Regina Los Cabos. Whiski Jack Resorts is a Whistler, British Columbia, resort and is a division of Raintree. Raintree Vacation Club is also associated with Raintree. Defendants Douglas Bech and Walker Harmon own ten percent or more shares in Raintree Resorts International. Club Regina Los Cabos is the timeshare portion of a resort, the hotel portion of which is called The Westin Resort & Spa Los Cabos. That hotel is owned by Defendant Starwood Hotels & Resorts Worldwide, also known as “Starwood Trust.” Corporation Mexiture S.A. de C.V. dba Xplora Adventour Los Cabos is the company that arranged Mr. Loya’s scuba diving trip. According to Plaintiffs’ complaint, Xplora was acting in concert or pursuant to a
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Order%20Granting%20M%20-%20Dismiss - Case 2:06-cv-00815-MJP...

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