Wedi Corp. v. Wright et al

Filing 230

MINUTE ORDER denying wedi Corp.'s 225 Motion to Clarify, or for Reconsideration of, Minute Order (Dkt. 219 ). Authorized by Judge Thomas S. Zilly. (SWT)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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HYDRO-BLOK USA LLC, et al.,

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Plaintiffs,
v.
WEDI CORP.,

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Defendant,

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MINUTE ORDER

v.
HYDROBLOK INTERNATIONAL
LTD.,
Counter-defendant.

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C15-671 TSZ

WEDI CORP.,
Plaintiff,
v.
BRIAN WRIGHT, et al.,
Defendants.

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The following Minute Order is made by direction of the Court, the Honorable
18 Thomas S. Zilly, United States District Judge:
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(1)
wedi Corp.’s motion, docket no. 225, to clarify, or for reconsideration of,
the Minute Order entered December 6, 2018, docket no. 219, is DENIED.
(a)
The Minute Order at issue makes clear that experts “disclosed” in
this matter on or before November 13, 2018, will be considered timely disclosed
and will be permitted to testify at trial. Federal Rule of Civil Procedure 26(a)(2)
sets forth the standards for “disclosure” of expert testimony. No clarification is
required.

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MINUTE ORDER - 1

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(b)
With respect to its request for reconsideration, wedi Corp. has not
articulated any manifest error in the prior ruling or any new facts or legal authority
that could not have been brought to the Court’s attention earlier with reasonable
diligence. See Local Civil Rule 7(h)(1). wedi Corp.’s contention that it “held off”
disclosing Jeffery A. Stec, Ph.D. as an expert in support of its claims (as opposed
to in rebuttal concerning its opponents’ claims) to avoid “running afoul” of the
Minute Order entered October 26, 2018, docket no. 181, in which the parties were
reminded that the expert disclosure deadline was March 30, 2018, does not ring
true. In its motion for extension, docket no. 202, wedi Corp. took the position
that, pursuant to Federal Rule of Civil Procedure 26(a)(2)(D)(i), the deadline for
expert disclosure was November 13, 2018 (i.e., 90 days before the trial date),
instead of the date previously set by the Court. wedi Corp. did not comply with
this (now adopted) deadline, not because it thought doing so would violate the
Minute Order issued on October 26, 2018, but because it was hoping for an
extension to the end of December 2018 or later. In choosing such path, wedi
Corp. ignored the advice of Local Civil Rule 7(j), which states, “Parties should not
assume that the motion [for extension] will be granted and must comply with the
existing deadlines unless the court orders otherwise.”

(2)
11 of record.
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The Clerk is DIRECTED to send a copy of this Minute Order to all counsel

Dated this 18th day of December, 2018.
William M. McCool
Clerk

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s/Karen Dews
Deputy Clerk

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MINUTE ORDER - 2