Omni Innovations LLC et al v. Impulse Marketing Group Inc et al

Filing 36

RESPONSE, by Plaintiff Omni Innovations LLC, to 33 MOTION to Dismiss for Failure to Comply with Court Order. (Siegel, Robert)

Omni Innovations LLC et al v. Impulse Marketing Group Inc et al

Doc. 36

Case 2:06-cv-01469-JCC

Document 36

Filed 10/01/2007

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Douglas E. McKinley, Jr. PO Box 202 Richland WA, 99352 [phone] i.Justice Law, P.C. Robert J. Siegel PO Box 258217 Seattle, WA 98165-1317

THE HON. JOHN C. COUGHENOUR

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON, SEATTLE OMNI INNOVATIONS, LLC, a Washington Limited Liability company, Plaintiff, v. IMPULSE MARKETING GROUP, INC, a Nevada/Georgia corporation; JEFFREY GOLDSTEIN, individually and as part of his marital community; KENNETH ADAMSON, individually and as part of his marital community; GREGORY GREENSTEIN, individually and as part of his marital community; STEVE WADLEY, individually and as part of his marital community; JOHN DOES, I-X, Defendants, The court should deny the Defendant's motion to dismiss. The Defendant's motion is premised on the Plaintiff's failure to file an amended complaint pursuant to the Court's order of July 18, 2007. However, Plaintiff has now filed its Second Amended Complaint ("SAC"), including a NO. 06-1469 PLAINTIFF'S RESPONSE TO MOTION TO DISMISS

PLAINTIFF'S RESPONSE TO MOTION TO DISMISS -1

i.Justice Law, PC
PO Box 25817 Seattle, WA 98165-1317 Phone/Fax: [phone]

Dockets.Justia.com

Case 2:06-cv-01469-JCC

Document 36

Filed 10/01/2007

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"more definite statement" as required by the Court's July 18, 2007 order. As such, the factual basis for the Defendant's motion is no longer operative, and the Defendant's motion is moot.

The undersigned requests the Court's indulgence in accepting the late filing of the SAC. As is amply documented in the Court's docket, just a few days prior to the deadline for filing the SAC, the undersigned was constructively terminated by Plaintiff, and were left with no reasonable choice but to immediately move to withdraw as counsel for Plaintiff. The Court granted counsel's motion on September 10, 2007, and this withdrawal becomes effective in a mere ten days, on October 11, 2007. In the intervening time period, despite these extraordinary circumstances, the undersigned has been able to work with the Plaintiff to see that the Court's order was complied with and to file the SAC. The filing of the SAC is necessary to preserve Plaintiff's rights, and also to allow the undersigned to withdraw pursuant to the Court's Order of September 10, 2007 and remain in compliance with counsel's ethical obligations to Plaintiff and the Court.

The undersigned notes that while the SAC was filed late, the Defendants suffered no prejudice whatsoever as a result. The procedural and substantive posture of the case would be identical to the current status quo had the Plaintiff filed the SAC in a timely manner. Finally, Plaintiff's filing of the SAC renders the factual basis for the Defendant's motion moot.

Accordingly, Plaintiff respectfully requests that the Court deny Defendant's motion to dismiss.

PLAINTIFF'S RESPONSE TO MOTION TO DISMISS -2

i.Justice Law, PC
PO Box 25817 Seattle, WA 98165-1317 Phone/Fax: [phone]

Case 2:06-cv-01469-JCC

Document 36

Filed 10/01/2007

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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 PLAINTIFF'S RESPONSE TO MOTION TO DISMISS -3
i.Justice Law, PC
PO Box 25817 Seattle, WA 98165-1317 Phone/Fax: [phone]

RESPECTFULLY SUBMITTED this 1st day of October, 2007.

i.JUSTICE LAW, P.C. /S/ Robert J. Siegel Robert J. Siegel, WSBA #17312 Attorney for Plaintiffs

DOUGLAS E. MCKINLEY, JR Attorney at Law /S/ Douglas E. McKinley, Jr. Douglas E. McKinley, Jr., WSBA#20806 Attorney for Plaintiffs

Certificate of Service I, hereby, certify that on October 1, 2007, I filed the subjoined pleading with this Court via approved ECMF electronic filing, that electronically serves all counsel of record for Defendants: /s/ Robert J. Siegel Robert J. Siegel ____________________________________