Omni Innovations LLC et al v. BMG Music Publishing NA Inc et al

Filing 18

REPLY, filed by Defendant BMG Columbia House Inc, TO RESPONSE to 17 MOTION to Stay This Litigation (Attachments: # 1 Certificate of Service)(Townsend, Roger)

Omni Innovations LLC et al v. BMG Music Publishing NA Inc et al

Doc. 18

Case 2:06-cv-01350-JCC

Document 18

Filed 05/25/2007

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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 26 27 28 v. BMG COLUMBIA HOUSE, INC., a New York corporation; and JOHN DOES, 1-X, Defendants.

The Honorable John C. Coughenour

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE OMNI INNOVATIONS, LLC, a Washington limited liability company; JAMES S. GORDON, JR., a married individual, Plaintiffs, NO. 06-cv-01350-JCC REPLY IN SUPPORT OF DEFENDANT BMG'S MOTION TO STAY THIS LITIGATION NOTE ON MOTION CALENDAR: May 25, 2007

Defendant BMG Columbia House, Inc. ("BMG") moved to stay this lawsuit pending resolution of another lawsuit brought by Plaintiffs James S. Gordon, Jr. ("Gordon") and Omni Innovations, LLC ("Omni") alleging precisely the same claims before this Court. Gordon et al. v. Virtumundo et al., Case No. CV06-0204-JCC, W.D.Wash. (Coughenour, J.) ("Virtumundo"). This Court recently granted Defendants' motion for summary judgment in Virtumundo and requested further briefing on awarding Defendants' attorneys' fees and for entry of a final judgment. Virtumundo at Dkt. # 121. Gordon's opposition to the instant motion to stay was due on or before May 21, 2007. LR 7(d). No opposition was filed. Accordingly, BMG's motion is unopposed and should be granted. LR 7(b)(2) (providing, "If a party fails to file papers in opposition to a motion, such failure may be considered by the court as an admission that the motion has
REPLY RE DEF. BMG'S MOTION TO STAY - 1 [06-cv-01350-JCC]
NEWMAN & NEWMAN, ATTORNEYS AT LAW, LLP 505 Fifth Ave. S., Ste. 610 Seattle, Washington 98104 [phone]

Dockets.Justia.com

Case 2:06-cv-01350-JCC

Document 18

Filed 05/25/2007

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merit.") DATED this 25th day of May, 2007. NEWMAN & NEWMAN, ATTORNEYS AT LAW, LLP

BY:

Roger M. Townsend, No. 25525 Derek A. Newman, WSBA No. 26967

-andHANLY CONROY BIERNSTEIN SHERIDAN FISHER & HAYES LLP

BY:

/s/ Steven M. Hayes Steven M. Hayes Attorneys for BMG COLUMBIA HOUSE, INC.

REPLY RE DEF. BMG'S MOTION TO STAY - 2 [06-cv-01350-JCC]

NEWMAN & NEWMAN, ATTORNEYS AT LAW, LLP

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