Astute Imaging LLC v. Shoulder Innovations Inc et al

Filing 22

ORDER granting Parties' #21 Stipulated MOTION. The Clerk shall transfer this matter to the Southern Division of the Western District of Michigan. Plaintiff is GRANTED leave to amend the complaint and shall file an amended complaint, if any, no later than 11/27/2023. Defendants shall respond and/or answer the operative complaint no later than 12/18/2023. Defendants' motion to dismiss (Dkt. #16 ) is DENIED as moot. Signed by Judge Marsha J. Pechman. (KRA) [Transferred from Washington Western on 11/15/2023.]

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The Honorable Marsha J. Pechman

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UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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ASTUTE IMAGING, LLC, a Delaware limited
liability company,

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Plaintiff,
v.
SHOULDER INNOVATIONS, INC., a
Delaware corporation; GENESIS
INNOVATION GROUP, LLC, a Delaware
limited liability company; and GENESIS
SOFTWARE INNOVATION, LLC, a Michigan
limited liability company,

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STIPULATION AND ORDER
TRANSFERRING MATTER TO THE
WESTERN DISTRICT OF MICHIGAN,
DENYING DEFENDANTS’ MOTION
TO DISMISS AS MOOT, AND
GRANTING PLAINTIFF LEAVE TO
AMEND

Defendants.

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Case No. 2:23-cv-01097-MJP

STIPULATION
The parties, by and through their attorneys of record, stipulate to entry of the proposed

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Order (i) transferring this matter to the Western District of Michigan, (ii) denying Defendants’

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pending motion to dismiss as moot, and (iii) granting Plaintiff leave to amend its Complaint.

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In support of this request, the parties represent the following to the Court:

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1.

Plaintiff ASTUTE IMAGING, LLC (“Plaintiff”) filed a complaint against

Defendants SHOULDER INNOVATIONS, INC., GENESIS INNOVATION GROUP, LLC,

STIPULATION AND [PROPOSED] ORDER – Page 1

BAILEY DUQUETTE P.C.
500 UNION STREET, SUITE 800
SEATTLE, WASHI NGTON 98101
T 206.225.2250 | F 888.233.5869

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and GENESIS SOFTWARE INNOVATION, LLC (collectively, “Defendants”) on August 20,

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2023. Dkt. 1.

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2.

Defendants filed a motion to dismiss for lack of personal jurisdiction and

improper venue, or in the alternative to transfer, and to dismiss for failure to state a claim on
October 20, 2023. Dkt. 16.
3.

Based on the current record, the parties agree that venue in the Southern

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Division of the Western District of Michigan is appropriate and that the Court should transfer

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the matter to the Southern Division of the Western District of Michigan pursuant to 28 U.S.C.

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§ 1404(a).
4.

The parties agree that Plaintiff may file an amended complaint in the new

venue no later than November 27, 2023, and that Defendant may respond and/or answer the
complaint no later than December 18, 2023.
5.

Based on the foregoing agreements, the Court should deny Defendants’

motion to dismiss as moot.

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ORDER

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IT IS SO ORDERED:

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1.

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The Clerk shall transfer this matter to the Southern Division of the Western

District of Michigan;
2.

Plaintiff is GRANTED leave to amend the complaint and shall file an

amended complaint, if any, no later than November 27, 2023;
3.

Defendants shall respond and/or answer the operative complaint no later than

December 18, 2023; and
4.

Defendants’ motion to dismiss (Dkt. 16) is DENIED as moot.

STIPULATION AND [PROPOSED] ORDER – Page 2

BAILEY DUQUETTE P.C.
500 UNION STREET, SUITE 800
SEATTLE, WASHI NGTON 98101
T 206.225.2250 | F 888.233.5869

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Dated this _14__ day of November, 2023.

A

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HON. MARSHA J. PECHMAN
United States District Judge

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DATED: November 13, 2023.
Jointly Presented:
BAILEY DUQUETTE P.C.
By /s/ Hozaifa Y. Cassubhai
Hozaifa Y. Cassubhai, WSBA No. 39512
William R. Burnside, WSBA No. 36002
500 Union Street, Suite 800
Seattle, Washington 98101
Phone: [phone]
Email: [e-mail]
[e-mail]
SEED IP LAW GROUP LLP
By /s/ Syed M. Abedi
Syed M. Abedi, WSBA No. 46106
701 Fifth Avenue, Suite 5400
Seattle, Washington 98104
Phone: [phone]
Email: [e-mail]
Attorneys for Plaintiff Astute Imaging, LLC
ELLIS, LI & McKINSTRY PLLC
By: s/Nathaniel L. Taylor
Nathaniel L. Taylor, WSBA No. 27141
Abigail St. Hilaire, WSBA No. 48194
1700 Seventh Avenue, Suite 1810
STIPULATION AND [PROPOSED] ORDER – Page 3

BAILEY DUQUETTE P.C.
500 UNION STREET, SUITE 800
SEATTLE, WASHI NGTON 98101
T 206.225.2250 | F 888.233.5869

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Seattle, WA 98101-1820
Phone: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]
By: s/Anthony J. Biller
Anthony J. Biller (pro hac vice)
Envisage Law Partnership
2601 Oberlin Road, Suite 100
Raleigh, NC 27608
Phone: [phone]
Email: [e-mail]
Attorneys for Genesis Software Innovation,
LLC, Senesis Innovation Group, LLC, and
Shoulder Innovations, Inc.

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STIPULATION AND [PROPOSED] ORDER – Page 4

BAILEY DUQUETTE P.C.
500 UNION STREET, SUITE 800
SEATTLE, WASHI NGTON 98101
T 206.225.2250 | F 888.233.5869