Rockin Artwork, LLC v. Bravado, Inc et al

Filing 89

MINUTE ORDER denying Plaintiff's 62 Motion to for leave to amend complaint; granting Defendants' 65 , 67 Motions to Compel. Clerk directed to lift the stay on Rockin's 50 MOTION for Extension of Time and 52 MOTION to Compel and to renote these motions for 12/23/2016. Responses due 12/19/2016. Clerk also directed to renote the 73 MOTION for Summary Judgment and the 76 MOTION for Sanctions for 12/23/2016 as well. Rockin may file an additional response to the summary judgment motion by Monday, 12/19/2016. Bravado's reply briefs due 12/23/2016. Authorized by U.S. District Judge John C Coughenour.(PM)

THE HONORABLE JOHN C. COUGHENOUR

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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ROCKIN ARTWORK LLC,
Plaintiff,

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MINUTE ORDER

v.
BRAVADO INTERNATIONAL GROUP
MERCHANDISING SERVICES, INC., et
al.,

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CASE NO. C15-1492-JCC

Defendants.
The following Minute Order is made by direction of the Court, the Honorable John C.
Coughenour, United States District Judge:
This matter comes before the Court on Plaintiff Rockin Artwork’s motion for leave to
amend its complaint (Dkt. No. 62) and the motions to compel payment by Defendants Authentic
Hendrix, LLC and Experience Hendrix, LLC (Dkt. No. 65) and Defendant Bravado International
Group Merchandising Services, Inc. (Dkt. No. 67).
The motion to amend the complaint is untimely and constitutes a clear effort to engage in
impermissible forum shopping. The motion (Dkt. No. 62) is thus DENIED. The case will remain
with this Court.
The Court further GRANTS Defendants’ motions (Dkt. No. 65, 67) to compel Rockin to
pay the fees the Court has ordered it to pay. (See Dkt. Nos. 42, 58, 59.) Rockin has shown no
reason for the Court to reconsider its mandate, and the Court finds no merit in Rockin’s attempt

MINUTE ORDER, C15-1492-JCC
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1 to split hairs and argue technicalities as to the outcome of the discovery motions. Rockin must
2 now pay the fees that it owes. However, the fee awards are limited to the time spent actually
3 working on Defendants’ briefs—the awards do not encompass time spent conferring with
4 Rockin’s counsel. The Court thus orders Defendants to submit a clear and concise accounting of
5 only those hours by Friday, December 16, 2016. The Court will subsequently make a finding as
6 to the dollar amount Rockin owes to each Defendant. The Court declines to award Defendants
7 fees in bringing the present motions to compel, but Rockin is warned that if it keeps these
8 practices up, it may very well face more fees and costs in the future.
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The Clerk is DIRECTED to lift the stay of Rockin’s motion for extension of time (Dkt.

10 No. 50) and motion to compel (Dkt. No. 52) and to renote these motions for Friday, December
11 23, 2016. Defendants must file any responses to these motions by Monday, December 19, 2016.
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Because the outcome of these motions could impact the Court’s resolution of the pending

13 summary judgment motion (Dkt. No. 73) and motion for sanctions (Dkt. No. 76), the Court
14 DIRECTS the Clerk to renote these motions for December 23, 2016 as well.
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The Court observes that Rockin has already responded to the motions for summary

16 judgment and for sanctions. (See Dkt. Nos. 87, 88.) Rockin’s response to the summary judgment
17 motion does not to address the merits of the motion, but merely objects to Bravado’s act of filing
18 the motion at all. The Court rejects Rockin’s complaints on this point, but will give Rockin an
19 opportunity to address the merits of Bravado’s claims. Thus, Rockin may file an additional
20 response to the summary judgment motion by Monday, December 19, 2016. Its response shall be
21 limited to 19 pages, as it has already used 5 of its allotted 24. See W.D. Wash. Local Civ. R.
22 7(e)(3). However, because Rockin did address the merits of the motion for sanctions, it shall not
23 be allowed any additional response to that motion. Bravado’s reply briefs are due Friday,
24 December 23, 2016.
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MINUTE ORDER, C15-1492-JCC
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DATED this 7th day of December 2016.

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William M. McCool
Clerk of Court

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s/Paula McNabb
Deputy Clerk

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MINUTE ORDER, C15-1492-JCC
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