Inc. v. Lennar Corporation et al

Filing 78

ORDER granting in part defendants' 59 Motion for Case Management Conference, signed by Judge Robert S. Lasnik. (SWT)

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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 6 7 8 9 10 11 12 _______________________________________ ) ISHOW.COM, INC., ) ) Plaintiff, ) v. ) ) LENNAR CORPORATION, et al., ) ) Defendants. ) _______________________________________) No. C15-1550RSL ORDER GRANTING IN PART DEFENDANTS’ MOTION FOR CASE MANAGEMENT CONFERENCE 13 14 This matter comes before the Court on “Lennar Corporation and Lennar Pacific 15 Properties Management, Inc.’s Request for Telephonic Motion Hearing Pursuant to Local Rule 16 7(i) or, in the Alternative, Case Management Conference.” Dkt. # 59. Granting defendants’ 17 alternative request for relief, the Court scheduled a pretrial conference and heard argument 18 regarding defendants’ various case management suggestions on June 29, 2017. Being fully 19 apprised, the Court finds that there is substantial overlap between the legal and equitable claims 20 asserted in this litigation and/or that there are factual issues that must be resolved by the jury 21 before the Court will consider whether equitable relief is appropriate.1 22 23 24 25 26 1 To the extent defendants are asserting that certain issues, such as laches, can be decided as a matter of law, the Court declines to entertain a summary judgment motion at this late date. The dispositive motion deadline was January 31, 2017. Defendants waited almost three months after the Court issued its summary judgment rulings to raise the possibility that they might be entitled to relief as ORDER GRANTING IN PART DEFENDANTS’ MOTION FOR CASE MANAGEMENT CONFERENCE 1 This case shall proceed to trial, as scheduled, on July 24, 2017. Liability and damage 2 issues will be tried together. The Court will try the equitable issues with an advisory jury under 3 Fed. R. Civ. P. 39(c)(1). In crafting their proposed jury instructions and verdict form, the parties 4 shall include written questions designed to obtain from the jury any factual determinations 5 necessary to a determination of equitable relief. 6 7 8 9 Dated this 30th day of June, 2017. A Robert S. Lasnik United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 a matter of law. This case has been delayed long enough, and defendants have not shown good cause for an extension of the dispositive motion deadline. ORDER GRANTING IN PART DEFENDANTS’ MOTION FOR CASE MANAGEMENT CONFERENCE -2-

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