Amiga Inc v. Hyperion VOF

Filing 115

JOINT STATUS REPORT signed by all parties; estimated Trial Days: 10.. (Cock, Lawrence)

Amiga Inc v. Hyperion VOF

Doc. 115

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Counsel for the parties, Lawrence Cock (representing Plaintiff) and William Kinsel (representing Defendant), held a Fed.R.Civ.P. 26(f) telephone conference, and submit this joint report to the Court. I. Request For Appointment of U.S. Magistrate Judge J. Kelley Arnold As Settlement Judge [LR 39.1(e)] This case is related to Hyperion VOF v. Amino Development Corporation, case no. C0701761RSM. On January 17, 2008, the court entered an Order on Pending Motions in case no. C07-01671RSM. The court offered to appoint a settlement judge in lieu of mediation: In the event all parties elect to participate, they may apply to the Court for appointment of a settlement judge to conduct a judicial settlement in lieu of mediation, pursuant to Local Rule CR 39.1(e). Order on Pending Motions, p. 2 (lines 23-25).
FRCP 26 STATUS REPORT - 1 Case No. CV07-0631RSM
Dockets.Justia.com

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE AMIGA, INC., a Delaware corporation, CAUSE NO. CV07-0631RSM Plaintiff, and HYPERION VOF, a Belgium corporation, Defendant. JOINT FRCP 26(f) REPORT AND DISCOVERY PLAN STIPULATION SEEKING APPOINTMENT OF SETTLEMENT JUDGE

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Hyperion VOF (defendant in this action), Amiga, Inc. (plaintiff in this action), Itec, LLC (a former third party defendant in this action), and Amino Development Corporation (defendant in case no. C07-1761RSM) have all agreed to participate in a judicial settlement conference so long as the court appoints U.S. Magistrate Judge J. Kelley Arnold as the settlement judge, and so long as Eyetech Group Ltd., the third signatory to the 3 November 2001 Agreement, is given the opportunity to participate in that conference. Eyetech has informed Hyperion that it may want to participate in that settlement effort if permitted to do so. Hence, the parties move the court to appoint The Honorable J. Kelley Arnold to conduct a consolidated Settlement Conference pursuant to Local Rule 39.1(e) in this case and in case no. C07-01671RSM, which Settlement Conference may include as participants non-parties Itec, LLC and Eyetech Group Ltd. The Court may not intend to include any language in its order referring this matter to a settlement judge with respect to the deadline for the completion of that mediation. If the Court does intend to include a deadline in that regard, Hyperion asks the Court to take into account that its representative(s), and the representative(s) of Eyetech Group Ltd., will have to make travel arrangements from Europe in the light of their other commitments. Because of this, it is likely that October is the earliest that all concerned European residents could arrange to travel to Washington state. II. 26(a)(1) Disclosures, Trial Date, and Other Case Schedule Deadlines: The parties have already undertaken some discovery in this matter. Nevertheless, in keeping with their desire to promptly participate in a settlement conference and avoid unnecessary expense, the parties stipulate to continue the following deadline and move the court to adopt the parties' stipulation: · Fed. R. Civ. P. 26(a)(1) initial disclosures Forty-five days after judicial settlement conference

FRCP 26 STATUS REPORT - 2 Case No. CV07-0631RSM

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The parties stipulate (and move the court to adopt their stipulation) that the following deadlines be set by the court following a joint status report, to be filed no later than forty-five days after the judicial settlement conference: · · · · III. Discovery cutoff Dispositive motion cutoff Trial Date Lodging Date MODIFICATIONS TO DISCOVERY RULES The parties have agreed that, as a supplement to their CR 26(a)(1) disclosures, they will exchange lists of the witnesses who they wish to depose. The purpose of the exchange is to facilitate travel schedules of attorneys and the witnesses. The parties will work together to agree upon mutually agreeable dates and locations for depositions. The parties have not agreed on the number of depositions which should be allowed in this case. Defendant Hyperion wishes the parties to be limited to ten depositions; Plaintiff Amiga anticipates seeking more than ten depositions. IV. TRIAL If this case is tried to a jury, the parties estimate that it would require ten trial days, subject to adjustment as the parties undertake discovery. V. OTHER COURT ORDERS/ACTION The parties have negotiated a Stipulated Protective Order pursuant to Fed.R.Civ.P. 26(c), which order was submitted to the Court on July 23, 2008. The parties have not agreed upon a deadline for disclosure of expert testimony under Fed.R.Civ.P. 26(a)(2).

FRCP 26 STATUS REPORT - 3 Case No. CV07-0631RSM

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Respectfully submitted this 29th day of July 2008.

/s/ Lawrence R Cock Lawrence R. Cock, WSBA No. 20326 CABLE, LANGENBACH, KINERK & BAUER, LLP 1000 Second Avenue Suite 3500 Seattle, WA 98104 Telephone: [phone] Facsimile: 206-292-0494 [e-mail] /s/ Lance Gotthoffer Lance Gotthoffer (Pro Hac Vice), NYSBA No. 1088186 Jeffrey M. Tamarin, (Pro Hac Vice), NYSBA No. 1935071 REED SMITH LLP 599 Lexington Avenue New York, NY 10022 Telephone: [phone] Facsimile: 212-521-5450 [e-mail] [e-mail] Attorneys for Plaintiff/Counterclaim Defendant Amiga, Inc.

/s/ William Kinsel William Kinsel, WSBA No. 18077 LAW OFFICES OF WILLIAM A. KINSEL, PLLC 2025 First Avenue, Suite 440 Seattle, WA 98121 Telephone: [phone] Fasimile: 206-374-3201 [e-mail] Attorneys for Defendant/Counterclaim Plaintiff Hyperion, VOF

FRCP 26 STATUS REPORT - 4 Case No. CV07-0631RSM

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CERTIFICATE OF SERVICE

I hereby certify that on July 29, 2008, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following: William A. Kinsel Law Offices of William A. Kinsel, PLLC Market Place Tower 2025 First Avenue, Suite 440 Seattle, WA 98121

/s/ Lawrence R. Cock, WSBA No. 20326 Attorney for Plaintiff Amiga, Inc.
CABLE, LANGENBACH, KINERK & BAUER, LLP Suite 3500, 1000 Second Avenue Building Seattle, Washington 98104-1048 [phone] phone [phone] facsimile [e-mail]

FRCP 26 STATUS REPORT - 5 Case No. CV07-0631RSM