CASCADE YARNS, INC. v. KNITTING FEVER, INC. et al

Filing 892

ORDER STRIKING TRIAL DATE AND PENDING MOTIONS; by Judge Ricardo S Martinez. (RS)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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CASCADE YARNS, INC.,
Plaintiff/Counterclaim
Defendant,

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ORDER STRIKING TRIAL DATE
AND PENDING MOTIONS

v.

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CASE NO. C10-861RSM

KNITTING FEVER, INC., et al.,

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Defendants/Counterclaim
Plaintiffs/Third-Party
Plaintiffs,

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v.

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ROBERT DUNBABIN, SR., et al.,

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Third-Party Defendants.
CASCADE YARNS, INC.,

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Plaintiff,

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v.
EMMEPIEFFE S.R.L., a foreign limited liability
corporation,

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Defendant.
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The Court, having considered the motions pending in this case and the approaching trial date,
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does now find and ORDER:
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(1) On October 18, 2012, the Court granted defendants’ motion to exclude the testimony and
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ORDER - 1

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reports of plaintiff’s expert on yarn fiber testing, Kenneth D. Langley. Dkt. # 865. On October 29,

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2012, the Court issued an Order on the parties’ cross-motions for summary judgment as to plaintiff’s

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four remaining claims in this action. Dkt. # 886. The Court denied plaintiff’s motion and granted

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defendants’ two summary judgment motions, resulting in the dismissal of plaintiff’s claims against all

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defendants, except for the third-party claims against Emmepieffe SRL. Id. On October 30, 2012, the

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Court granted plaintiff’s motion to exclude the testimony and reports of defendants’ expert on yarn fiber

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testing Adam Varley. Dkt. # 887. This resulted in today’s Order dismissing defendants’ counterclaims

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against plaintiff which are based on alleged mislabeling of plaintiff’s yarns as to fiber content.1 Dkt. #

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891.

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(2) Plaintiff has filed an additional motion for summary judgment directed to defendants’ five

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counterclaims based on plaintiff’s statements about defendants’ yarns. Dkt. # 722. The Court is unable

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to consider this motion, as the arguments in the briefing by both parties are based on the now-excluded

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fiber test reports. The arguments need to be re-cast in light of the Court’s ruling that the fiber test

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reports of Langley are unreliable, and the separate exclusion of the Varley test results. Accordingly, the

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Court now STRIKES this motion for summary judgment on counterclaims (Dkt. # 722), without

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prejudice to renewal. Such renewed motion shall be filed by November 20, 2012.

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(3) In light of this ruling, as well as the dismissal of all of plaintiff’s claims against defendants

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Knitting Fever, Inc., KFI, Inc., Designer Yarns Ltd., Sion Elalouf, Jay Opperman, and Debbie Bliss, the

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Court also STRIKES the trial date of November 5, 2012 and cancels the pre-trial conference set for

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November 2, 2012. A new trial date shall be set following the Court’s ruling on the summary judgment

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motions contemplated by this Order.

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(4) The Court also STRIKES from the motion calendar the following pending pretrial motions,

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which include pending motions to strike experts, motions in limine, and corresponding motions to seal:

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Dkt. ## 825, 826, 830, 831, 835, 836, 838, 839, and 840. The Clerk shall maintain the related sealed

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The dismissal of the counterclaims which allege mislabeling of Cascade’s yarns as to fiber
content appears to moot Cascade’s third-party claims against Emmepieffe Srl, but this defendant has not
had time to move for dismissal on that basis. Such motion may be filed by November 20, 2012.

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ORDER - 2

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documents under seal.
(5) The pending objections to Discovery Order 15 (Dkt. # 866) and plaintiff’s motion for relief
of deadlines (Dkt. # 883) remain on the Court’s calendar and shall be considered in due course.
Dated this 31st day of October 2012.

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A

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RICARDO S. MARTINEZ
UNITED STATES DISTRICT JUDGE

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ORDER - 3