Daimler AG v Amazon.com Inc

Filing 41

**AMENDED** ORDER SETTING TRIAL AND RELATED DATES re: 40 Stipulated Motion. Jury Trial is set for 8/19/2019 at 09:00 AM before Judge Ricardo S. Martinez, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 2/19/2019, Discovery motions due 3/21/2019; Discovery completed by 4/22/2019, Dispositive motions due by 5/20/2019, 39.1 mediation to be completed by 7/5/2019, Motions in Limine due by 7/22/2019, Agreed Pretrial Order due by 8/6/2019, Voir dire/jury instructions/trial briefs /trial exhibits due by 8/14/2019. Signed by Judge Ricardo S. Martinez. (PM)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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No. C16-518 RSM

DAIMLER AG,
Plaintiff,
v.

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STIPULATED MOTION AND ORDER
TO AMEND SCHEDULING ORDER

AMAZON.COM, INC.,
Defendant.

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Pursuant to LCR 10(g), Plaintiff Daimler AG (“Daimler”) and Defendant Amazon.com,

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Inc. (“Amazon”) respectfully stipulate and jointly move the Court to amend the Order Setting

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Trial Date and Related Deadlines (Dkt. No. 39) (“Scheduling Order”) by extending the trial date

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and modifying the preceding dates, as noted below. This is the second time the parties have

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requested an extension.

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The parties respectfully submit that good cause exists for the proposed amendments to

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the schedule. Daimler and Amazon are presently negotiating the final terms of a settlement

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agreement that encompasses this proceeding, as well as a trademark infringement action between

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the parties in the Central District of California (Case No. 2:17-cv-07674). Accordingly, the

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parties anticipate finalizing their settlement and filing appropriate dismissal paperwork well

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within the requested extension time of 90 days. In light of the progress made towards settlement,

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the parties believe that a 90-day extension of all deadlines would allow them to finalize the

LAW OFFICES OF

STIPULATED MOTION AND
ORDER TO AMEND SCHEDULING ORDER - 1
(2:16-cv-00518-RSM)

NICOLL BLACK

&

FEIG PLLC

1325 FOURTH AVENUE
SUITE 1650
S E A T T L E , W A S H I N G T O N 98101
[phone]

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settlement and dismiss this case, or if the settlement is not finalized, finish preparing their

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respective cases for trial. Such an extension would allow the parties to avoid the unnecessary

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expenditure of time and resources and focus on resolving this matter without the need to burden

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the Court further.

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Daimler and Amazon, after conferring, agree that given the scope and status of the case

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and the settlement negotiations, a 90-day extension of the trial date and modification to the

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case schedule is warranted.

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A proposed amended case schedule is set forth below.

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JURY TRIAL DATE

August 19, 2019 or later at the Court’s
convenience

Deadline for disclosure of expert testimony
under FRCP 26(a)(2)

February 19, 2019

Deadline for filing motions related to
discovery.

March 21, 2019

Any such motions shall be noted for
consideration pursuant to LCR 7(d)(3)
Discovery completed by

April 22, 2019

All dispositive motions must be filed by and
noted on the motion calendar no later than the
fourth Friday thereafter (see LCR 7(d))

May 20, 2019

Mediation per LCR 39.1(c)(3) held no later
than

July 5, 2019
July 22, 2019

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All motions in limine must be filed by and
noted on the motion calendar for the third
Friday thereafter pursuant to LCR 7(d)

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Agreed pretrial order due

August 6, 2019

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Pretrial conference to be scheduled by the
Court.

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Trial briefs, proposed voir dire questions, jury August 14, 2019
instructions, neutral statement of the case, and
LAW OFFICES OF

STIPULATED MOTION AND
ORDER TO AMEND SCHEDULING ORDER - 2
(2:16-cv-00518-RSM)

NICOLL BLACK

&

FEIG PLLC

1325 FOURTH AVENUE
SUITE 1650
S E A T T L E , W A S H I N G T O N 98101
[phone]

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trial exhibits due
DATED: November 19, 2018

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By:
s/ Larry Altenbrun
Larry E. Altenbrun, WSBA No. 31475
Nicoll Black & Feig
1325 Fourth Ave., Suite 1650
Seattle, WA 98101
Tel: [phone]
Fax: [phone]

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THE MARBURY LAW GROUP, PLLC
Shauna M. Wertheim
Timothy W. Johnson
Joanna L. Cohn
11800 Sunrise Valley Drive, 15th Fl.
Reston, Virginia 20191
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
Pro Hac Vice Counsel

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Attorneys for Plaintiff Daimler AG

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DATED: November 19, 2018

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By:
s/ Lane M. Polozola
Grant E. Kinsel (WSBA 49576)
Lane M. Polozola (WSBA 50138)
PERKINS COIE LLP
1201 Third Avenue, Suite 4900
Seattle, WA 98101-3099
Telephone: [phone]
Facsimile: 206.359.9000
Email: [e-mail]
Email: [e-mail]
Attorneys for Defendant Amazon.com, Inc.

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//

LAW OFFICES OF

STIPULATED MOTION AND
ORDER TO AMEND SCHEDULING ORDER - 3
(2:16-cv-00518-RSM)

NICOLL BLACK

&

FEIG PLLC

1325 FOURTH AVENUE
SUITE 1650
S E A T T L E , W A S H I N G T O N 98101
[phone]

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For good cause shown, IT IS SO ORDERED this 21st day of November 2018.

A

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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Presented by:

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Larry E. Altenbrun, WSBA No. 31475
NICOLL BLACK & FEIG PLLC
1325 FOURTH AVENUE
SUITE 1650
SEATTLE, WASHINGTON 98101
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Shauna M. Wertheim, Pro Hac Vice
Timothy W. Johnson, Pro Hac Vice
Joanna L. Cohn, Pro Hac Vice
THE MARBURY LAW GROUP, PLLC
11800 Sunrise Valley Drive, 15th Floor
Reston, Virginia 20191
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiff Daimler AG

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LAW OFFICES OF

STIPULATED MOTION AND
ORDER TO AMEND SCHEDULING ORDER - 4
(2:16-cv-00518-RSM)

NICOLL BLACK

&

FEIG PLLC

1325 FOURTH AVENUE
SUITE 1650
S E A T T L E , W A S H I N G T O N 98101
[phone]