Omni Innovations LLC v. Ascentive LLC et al

Filing 86

RESPONSE by Defendants Ascentive LLC, Adam Schran , TO PLAINTIFFS' MOTION FOR A CHANGE OF VENUE AND MODIFICATION OF ORDER TO STAY. (Attachments: # 1 Exhibit A -- Hearing on Plaintiff's Motions & Declaration for a Change of Venue and Modification of Order to Stay# 2 Proposed Order # 3 Certificate of Service)(Newman, Derek)

Case 2:06-cv-01284-JCC

Document 86-3

Filed 11/14/2007

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[PROPOSED] ORDER DENYING PL.'S MOT. FOR CHANGE OF VENUE - 1 (06-01284-JCC)

The Honorable John C. Coughenour

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE OMNI INNOVATIONS, LLC, a Washington limited liability company, Plaintiff, v. ASCENTIVE, LLC, a Delaware limited liability company; ADAM SCHRAN, individually and as part of his marital community; JOHN DOES, I-X, Defendants. THIS MATTER comes before the Court on the Motion for a Change of Venue and Modification of Order to Stay (the "Motion") filed by Plaintiff Omni Innovations, LLC ("Omni") ("Plaintiff") on October 17, 2007 (not docketed). Having reviewed that Motion, Defendants Ascentive, LLC and Adam Schran (together, "Defendants") response to the motion, and Plaintiff's reply, and finding good cause for issuing this order, the Court ORDERS as follows: Plaintiffs' Motion is DENIED. IT IS FURTHER ORDERED that Plaintiff is liable for payment of Defendants' reasonable attorneys' fees and costs incurred in opposing the Motion. Defendants will have two (2) weeks from the effective date of this order to present a cost bill. Plaintiff may file opposing documents one (1) week later, and No. 06-01284-JCC [PROPOSED] ORDER DENYING PLAINTIFF'S MOTION FOR A CHANGE OF VENUE AND MODIFICATION OF ORDER TO STAY NOTE ON MOTION CALENDAR: November 19, 2007

NEWMAN & NEWMAN, ATTORNEYS AT LAW, LLP

505 Fifth Ave. S., Ste. 610 Seattle, Washington 98104 [phone]

Case 2:06-cv-01284-JCC

Document 86-3

Filed 11/14/2007

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Defendants may file a reply three (3) days after the deadline for Plaintiffs' response. This court will then determine the amount of Defendants' award of reasonable attorneys' fees and costs, and will enter a judgment accordingly. SIGNED this _____ day of November, 2007.

HONORABLE JOHN C. COUGHENOUR UNITED STATES DISTRICT JUDGE

Presented by: NEWMAN & NEWMAN, ATTORNEYS AT LAW, LLP By: _______________________________ Derek A. Newman, WSBA No. 26967 Randall Moeller, WSBA No. 21094 Attorneys for Defendants

[PROPOSED] ORDER DENYING PL.'S MOT. FOR CHANGE OF VENUE - 2 (06-01284-JCC)

NEWMAN & NEWMAN, ATTORNEYS AT LAW, LLP

505 Fifth Ave. S., Ste. 610 Seattle, Washington 98104 [phone]