Odai S. Albayati v. Cascade Windows - Motion to Dismiss Ruling
Summary
The U.S. District Court for the Eastern District of Washington granted a motion to dismiss in the case of Odai S. Albayati v. Cascade Windows et al. The court reviewed the defendants' motion and the plaintiff's failure to respond, leading to the dismissal of the case.
What changed
The U.S. District Court for the Eastern District of Washington, in the case of Odai S. Albayati v. Cascade Windows, Cornerstone Building Brands, Simonton Industries, and Simonton Windows (Docket No. 2:25-cv-00120), has issued an order granting the defendants' motion to dismiss. The court noted that the plaintiff filed second amended complaints on October 24 and 27, 2025, but failed to respond to the defendants' subsequent motion to dismiss. The court applied the standard for surviving a motion to dismiss under Rule 12(b)(6), requiring sufficient factual matter to state a plausible claim for relief.
This ruling signifies the dismissal of the plaintiff's claims against the named defendants. For legal professionals involved in similar litigation, this case highlights the importance of timely responses to motions to dismiss and adherence to pleading standards. While no specific compliance actions are required for regulated entities, this outcome underscores the procedural requirements and potential consequences of failing to adequately respond to court filings in civil litigation.
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Feb. 12, 2026 Get Citation Alerts Download PDF Add Note
Odai S. Albayati v. Cascade Windows, Cornerstone Building Brands, Simonton Industries, and Simonton Windows
District Court, E.D. Washington
- Citations: None known
- Docket Number: 2:25-cv-00120
Precedential Status: Unknown Status
Trial Court Document
1 U.S. F D IL IS E T D R I I N C T T H C E O URT
EASTERN DISTRICT OF WASHINGTON
2 Feb 12, 2026
SEAN F. MCAVOY, CLERK
3
4 UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON
5
6 ODAI S. ALBAYATI,
NO. 2:25-CV-0120-TOR
7 Plaintiff,
ORDER GRANTING DEFENDANTS’
8 v. MOTION TO DISMISS
9 CASCADE WINDOWS,
CORNERSTONE BUILDING
10 BRANDS, SIMONTON
INDUSTRIES, AND SIMONTON
11 WINDOWS
12 Defendants.
13 BEFORE THE COURT is Defendants’ Motion to Dismiss (ECF No. 25).
14 This matter was submitted for consideration without oral argument. The Court has
15 reviewed the record and files herein and is fully informed. Plaintiff has not
16 responded to the Motion to Dismiss.
17 BACKGROUND
18 Plaintiff filed two Second Amended Complaints in this case on October 24
19 and 27, 2025. ECF Nos. 23 and 24.
20 //
1 DISCUSSION
2 For a plaintiff to survive a motion to dismiss under Rule 12(b)(6), “a
complaint must contain sufficient factual matter, accepted as true, “to state a claim
4|| to relief that is plausible on its face.’” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)
5|| (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)). This requires
6|| more than a simple “formulaic recitation of a cause of action’s elements.”
7| Twombly, 550 U.S. at 545.
8 Plaintiff has failed to state any claim. Here, Plaintiff does not state facts
9|| supporting the elements required for any of his claims. As a result, Plaintiff fails to
10|| state a claim.
11 The Court already gave Plaintiff the opportunity to amend.
ACCORDINGLY, IT IS HEREBY ORDERED:
13 1. Defendants’ Motion to Dismiss (ECF No. 25) is GRANTED with
14 prejudice.
15 2. All other motions are DENIED as moot.
16 The District Court Executive is directed to enter this Order and furnish
17|| copies to counsel and CLOSE the file.
DATED February 12, 2026.
20 a 7 THOMAS O. RICE
United States District Judge
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