Daimler AG v Amazon.com Inc

Filing 46

ORDER re parties' 45 Stipulated Motion to Amend Scheduling Order: Jury Trial is set for 2/18/2020 at 09:00 AM before Judge Ricardo S. Martinez; Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 8/19/2019; Discovery Motions due by 9/17/2019; Discovery completed by 10/21/2019; Dispositive motions due by 11/14/2019; 39.1 mediation to be completed by 1/2/2020; Motions in Limine due by 1/16/2020; Pretrial Order due by 2/3/2020; Trial briefs, proposed voir dire, jury instructions, neutral statement of the case, trial exhibits due by 2/10/2020. Signed by Judge Ricardo S. Martinez.(MW)

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THE HONORABLE RICARDO S. MARTINEZ

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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DAIMLER AG,
Plaintiff,

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No. 2:16-cv-00518-RSM
STIPULATED MOTION AND ORDER
TO AMEND SCHEDULING ORDER

v.
AMAZON.COM, INC.,
Defendant.

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

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

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and Related Deadlines (ECF No. 43) (“Amended Scheduling Order”) by extending the trial date and

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modifying the preceding dates, as noted below. This is the parties’ fourth request for an extension of

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the trial dates and related deadlines.

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

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schedule. Daimler and Amazon have continued to negotiate the final terms of a settlement agreement

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that encompasses this proceeding, as well as a trademark infringement action between the parties in

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the Central District of California (Case No. 2:17-cv-07674), and are closer to resolution of all

LAW OFFICES OF

NICOLL BLACK

Stipulated Motion and Order - 1
(No.: 2:16-cv-00518-RSM)

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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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outstanding terms. Accordingly, the parties anticipate finalizing their settlement and filing appropriate

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dismissal paperwork within the requested extension time of 90 days. In light of the further progress

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made towards settlement, the parties believe that a 90-day extension of all deadlines would allow them

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

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their 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 the

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Court further.

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

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the favorable posture of settlement negotiations, a 90-day extension of the trial date, and all discovery

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dates, as well as modification to the case schedule is warranted.
A proposed amended case schedule is set forth below.

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JURY TRIAL DATE

February 17, 2020 or later at the Court’s
convenience

Deadline for disclosure of expert witness August 19, 2019
testimony under FRCP 26(a)(2)
Deadline for filing motions related to September 17, 2019
discovery. Any such motions shall be noted
for consideration pursuant to LCR 7(d)(3)
Discovery completed by

October 21, 2019

All dispositive motions must be filed by and November 14, 2019
noted on the motion calendar no later than the
fourth Friday thereafter (see LCR 7(d))
Mediation per LCR 39.1(c)(3) held no later January 2, 2020
than
January 16, 2020

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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

February 3, 2020

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LAW OFFICES OF

NICOLL BLACK

Stipulated Motion and Order - 2
(No.: 2:16-cv-00518-RSM)

&

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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Pretrial conference to be scheduled by the
Court.

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Trial briefs, proposed voir dire questions, jury February 10, 2020
instructions, neutral statement of the case, and
trial exhibits due

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DATED: May 9, 2019

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

DATED: May 9, 2019

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** Per e-mail authority
By: /s/ Grant E. Kinsel
Grant E. Kinsel (WSBA 49576)

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PERKINS COIE LLP
1201 Third Avenue, Suite 4900
Seattle, WA 98101-3099
Telephone: [phone]
Facsimile: 206.359.9000
Email: [e-mail]
Attorneys for Defendant Amazon.com, Inc.

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LAW OFFICES OF

NICOLL BLACK

Stipulated Motion and Order - 3
(No.: 2:16-cv-00518-RSM)

&

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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ORDER
For good cause shown, IT IS SO ORDERED, with the exception that February 17, 2020,
is a holiday and the trial date is accordingly set for February 18, 2020.

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DATED this 13 day of May 2019.

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A

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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LAW OFFICES OF

NICOLL BLACK

Stipulated Motion and Order - 4
(No.: 2:16-cv-00518-RSM)

&

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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Presented by:

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/s/ Larry E. Altenbrun
Larry E. Altenbrun, WSBA No. 31475
NICOLL BLACK & FEIG PLLC
1325 FOURTH AVENUE
SUITE 1650
SEATTLE, WASHINGTON 98101
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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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]

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Attorneys for Plaintiff Daimler AG

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LAW OFFICES OF

NICOLL BLACK

Stipulated Motion and Order - 5
(No.: 2:16-cv-00518-RSM)

&

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]