INGENCO Holdings, LLC, et al et al v. ACE American Insurance Company

Filing 93

MINUTE ORDER directing clerk to terminate motions at dkts 80, 81, 86, 87 and to create a motion calendar for those motions. Clerk to terminate motion to strike dkt 82 as well as motions to seal dkts 78, 83, 85, 88, 90. Courtesy copies to be filed by 5/4 by Judge Richard A Jones.(RS)

HONORABLE RICHARD A. JONES

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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INGENCO HOLDINGS, LLC, et al.,

Plaintiffs,

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CASE NO. C13-543RAJ
MINUTE ORDER

v.
ACE AMERICAN INSURANCE COMPANY,

Defendant.
The clerk issues the following minute order by the authority of the Honorable
Richard A. Jones, United States District Court Judge.
Beginning on April 16, the parties have filed an avalanche of motions and material

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in support of those motions. Four of those motions are dispositive motions (cross-

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motions for summary judgment) that the court authorized in its April 8, 2015 minute

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order. For administrative purposes only, the court directs the clerk to TERMINATE each

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of those motions (Dkt. ## 80, 81, 86, 87) and to CREATE A MOTION CALENDAR for

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May 8 entitled “Dispositive Motion Calendar (all motions filed on or after April 16)”.

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Defendant also filed a motion for which it obtained no authorization, a motion to

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strike one of Plaintiffs’ expert reports. That is a motion in limine. It does not comply

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with this District’s Local Rules, because there is no indication that Defendant met and

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conferred with Plaintiffs prior to filing it. Local Rules W.D. Wash. LCR 7(d)(4). The

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court notes, moreover, that Defendant has, absent a showing of good cause, waived its

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MINUTE ORDER – 1

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opportunity to file additional motions in limine. LCR 7(d)(4) (“Except upon a showing

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of good cause, any motions in limine shall be filed as one motion . . . .”). For

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administrative purposes only, the clerk shall TERMINATE the motion to strike. Dkt.

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# 82. This order does not impact the briefing schedule for that motion, and the court will

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consider the motion to strike as part of the May 8 motion calendar. To the extent

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Plaintiffs’ opposition to the motion reveals issues that would have been resolved had

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Defendant met and conferred before filing the motion to strike, the court will likely

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impose sanctions.
The clerk shall also TERMINATE the five motions to seal that the parties have

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submitted in conjunction with their recent pleadings. Dkt. ## 78, 83, 85, 88, 90. The

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court will issue a separate order regarding those motions to seal. Again, this order is for

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administrative purposes only, and it impacts no briefing schedule. The court will

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consider those motions as it will state in its forthcoming order.

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In addition, the court orders that with the exception of motions it has already

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explicitly authorized, the parties shall file no motion unless they first obtain leave of

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court. They shall not request leave until they have first met and conferred in a

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meaningful effort to resolve the dispute that would be the subject of the motion. This

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order does not apply to stipulated motions or to motions to seal submitted in conjunction

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with another authorized motion.
Finally, the court observes that while the parties have filed hundreds of pages of

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documents in conjunction with their filings beginning on April 16, Defendant has filed no

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courtesy copies at all and Plaintiffs have provided only courtesy copies of selected

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portions of those filings. That is so despite the requirements of this District’s electronic

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filing procedures, which require a courtesy copy for any submission whose cumulative

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length is more than 50 pages, West. Dist. Wash. Elec. Filing Procedures, § III.G, 1 the

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http://www.wawd.uscourts.gov/sites/wawd/files/ECFFilingProceduresAmended12.20.12.pdf.

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similar requirements of this court’s chambers procedures, 2 and the order to provide

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courtesy copies contained in the court’s minute order setting the trial date and related

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dates (Dkt. # 41). To the extent they have not done so, the parties shall provide courtesy

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copies of every submission they have filed beginning on April 16, and they shall do so no

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later than noon on May 4. If they do not, the court will strike any submission for which it

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has not received a courtesy copy. The court will summarily strike any future submission

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that does not comply with courtesy copy requirements.
Dated this 28th day of April, 2015.

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WILLIAM M. MCCOOL
Clerk

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s/Rhonda Stiles
Deputy Clerk

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http://www.wawd.uscourts.gov/sites/wawd/files/JonesGeneralMotionsPractice.pdf

MINUTE ORDER – 3