Daimler AG v Amazon.com Inc

Filing 48

ORDER re: parties' 47 Stipulated Motion to Amend Scheduling Order. Jury Trial is set for 4/20/2020 at 09:00 AM before Judge Ricardo S. Martinez, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 10/18/2019, Discovery Motions d ue by 11/18/2019, Discovery completed by 12/20/2019, Dispositive motions due by 1/13/2020, 39.1 mediation to be completed by 3/2/2020, Motions in Limine due by 3/16/2020, Agreed Pretrial Order due by 4/3/2020, Voir dire/jury instructions/trial briefs due by 4/10/2020. 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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DAIMLER AG,
Plaintiff,

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No. C16-518 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 successfully completed their negotiations of the final terms of a

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

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

LAW OFFICES OF

NICOLL BLACK

Stipulated Motion and Order - 1
(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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additional time of 60 days in order to finalize their settlement documents and prepare the appropriate

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dismissal paperwork. Such an extension would allow the parties to avoid the unnecessary expenditure

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of time and resources associated with the upcoming deadlines and instead focus on finalizing their

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settlement without the need to burden the 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, a 60-day extension of the trial date, and all discovery dates, as

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well as modification to the case schedule is warranted.

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A proposed amended case schedule is set forth below.
April 20, 2020 or later at the Court’s
JURY TRIAL DATE
convenience
Deadline for disclosure of expert witness October 18, 2019
testimony under FRCP 26(a)(2)
Deadline for filing motions related to November 18, 2019
discovery. Any such motions shall be noted
for consideration pursuant to LCR 7(d)(3)
Discovery completed by

December 20, 2019

All dispositive motions must be filed by and January 13, 2020
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 March 2, 2020
than
March 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

April 3, 2020

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Pretrial conference to be scheduled by the
Court.

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Trial briefs, proposed voir dire questions, jury April 10, 2020
instructions, neutral statement of the case, and
trial exhibits due
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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DATED: August 14, 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: August 14, 2019

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** Per e-mail authority 8/14/19
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]

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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
IT IS SO ORDERED this 15th day of August 2019.

A

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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Presented by:
/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]
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 - 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]