Seattle Times Company v. LeatherCare, Inc.

Filing 311

MINUTE ORDER staying Touchstone's request for an extension of time to tax costs pending a decision in the US Court of Appeals in Case No. 19-35966; striking, without prejudice to refiling, Touchstone's 307 Motion for Bill of Costs. Authorized by Judge Thomas S. Zilly. (SWT) (cc: USCA, Deputy in Charge via ad hoc)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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SEATTLE TIMES COMPANY,

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Plaintiff,
v.
LEATHERCARE, INC.; STEVEN RITT;
and the marital community composed of
STEVEN RITT and LAURIE ROSENRITT,
Defendants/Third-Party
Plaintiffs,

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C15-1901 TSZ
MINUTE ORDER

v.
TOUCHSTONE SLU LLC; and
TB TS/RELP LLC,

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Third-Party Defendants.

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The following Minute Order is made by direction of the Court, the Honorable
17 Thomas S. Zilly, United States District Judge:
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(1)
By Minute Order entered October 16, 2018, docket no. 288, the Court
indicated that the request for costs included in the motion for attorney’s fees filed by
Touchstone SLU LLC and TB TS/RELP LLC (“Touchstone”), docket no. 281, was
untimely. The Court did NOT grant Touchstone an extension of time to tax costs, but
rather treated Touchstone’s motion, docket no. 281, as asking for additional time to tax
costs in the manner set forth in Local Civil Rule 54(d). Touchstone has since filed a bill
of costs, docket no. 307, which was incorrectly noted for the first Friday after filing, and
renoted by the Clerk to November 30, 2018. See Local Civil Rule 54(d)(1) (referencing
Local Civil Rule 7(d)(3)). Meanwhile, LeatherCare, Inc. filed a response to the bill of

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MINUTE ORDER - 1

1 costs, indicating its mistaken belief that Touchstone had been granted an extension of
time to tax costs, but had failed to do so within 21 days of the date the extension had been
2 granted. See Resp. at 2 (docket no. 308). Shortly thereafter, Touchstone filed a notice of
appeal from the Minute Order entered October 16, 2018. See Notice (docket no. 309).
3 In light of Touchstone’s appeal and the procedural posture of this matter, the Court
ORDERS as follows:
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(a)
Touchstone’s request for an extension of time to tax costs is
STAYED pending a decision of the United States Court of Appeals for the Ninth
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Circuit in Case No. 18-35966, regarding Touchstone’s appeal from the Minute
Order entered October 16, 2018, docket no. 288; and
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(b)
Touchstone’s bill of costs, docket no. 307, is STRICKEN without
prejudice to refiling, if appropriate, after the stay imposed in Paragraph 1(a) is
lifted.

(2)
The Clerk is directed to send a copy of this Minute Order to all counsel of
9 record and to the United States Court of Appeals for the Ninth Circuit.
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Dated this 16th day of November, 2018.

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William M. McCool
Clerk

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s/Karen Dews
Deputy Clerk

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MINUTE ORDER - 2