Trueblue, Inc. v. Timothy Dyn , 421 F. App'x 739 ( 2011 )

FILED
NOT FOR PUBLICATION MAR 15 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
TRUEBLUE, INC., a Washington No. 09-36146
corporation,
D.C. No. 3:09-cv-05328-BHS
Plaintiff - Appellant,
v. MEMORANDUM *
TIMOTHY P. DYN, an individual,
Defendant - Appellee.
Appeal from the United States District Court
for the Western District of Washington
Benjamin H. Settle, District Judge, Presiding
Argued and Submitted March 9, 2011
Seattle, Washington
Before: McKEOWN, FISHER and GOULD, Circuit Judges.
The district court awarded fees to defendant Timothy Dyn after plaintiff
TrueBlue, Inc. voluntarily dismissed its complaint. We affirm.
1. The district court did not err in concluding that TrueBlue sought to
enforce the Non-Competition Agreement in this action. TrueBlue’s claims center
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
on breach of the Non-Competition Agreement. Even if TrueBlue also sought in
part to recover benefits paid under the Employment Agreement and Release of
Claims, that claim was intertwined with and dependent on the claim for breach of
the Non-Competition Agreement. Thus, all of TrueBlue’s claims were properly
considered together for purposes of awarding fees. See Crown Custom Homes,
Inc. v. Sabatino, 18 So. 3d 738, 740 (Fla. Dist. Ct. App. 2009).
Because TrueBlue sued under the Non-Competition Agreement, the district
court properly applied Florida law, which governs the availability of fees under
that contract. The choice of law provision in the Release of Claims does not alter
the parties’ earlier agreement that the Non-Competition Agreement is governed by
“the law of the State in which [Dyn] last worked for TrueBlue.”
2. The district court correctly concluded that Dyn was the prevailing party
and was entitled to fees after TrueBlue’s voluntary dismissal. See Alhambra
Homeowners Ass’n v. Asad, 943 So. 2d 316, 318-20 (Fla. Dist. Ct. App. 2006).
AFFIRMED.
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