Viesse v. Tacoma Screw Products, Inc. et al
MINUTE ORDER denying Plaintiff's 38 Motion to strike or stay Defendant's motion to dismiss. Plaintiff's response due 8/21/2017; Defendant's reply due 8/25/2017. Clerk directed to remove the statistical closure of the case. Authorized by U.S. District Judge John C Coughenour. (PM)
THE HONORABLE JOHN C. COUGHENOUR
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
CASE NO. C16-1026-JCC
TACOMA SCREW PRODUCTS, INC.,
The following Minute Order is made by direction of the Court, the Honorable John C.
Coughenour, United States District Judge:
This matter comes before the Court on Plaintiff’s ex parte motion for relief (Dkt. No. 38).
Specifically, Plaintiff asks the Court to strike Defendant’s motion to dismiss (Dkt. No. 35) or
vacate all briefing and hearing dates in connection with the motion. (Id. at 2.)
Recently, this Court issued an order based on the parties’ stipulated motion to continue
the class certification briefing schedule. (Dkt. No. 34.) In the parties’ stipulated motion, they
informed the Court that they would participate in mediation by August 31, 2017 and provide the
Court with a status update by September 6, 2017. (Dkt. No. 33.) In the Court’s order, it directed
the Clerk to statistically close this case until it received the post-mediation status update. (Dkt.
MINUTE ORDER C16-1026-JCC
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Defendant then brought a motion to dismiss (Dkt. No. 35) and noted it for August 25,
2017. (Dkt. No. 37.) Plaintiff maintains this was in violation of a court order. (Dkt. No. 38.)
However, the Court did not stay all proceedings, but rather directed the Clerk to statistically
close the case. (Dkt. No. 34.) Defendant was therefore free to bring a motion to dismiss. The
Court also notes that Defendant renoted the motion to dismiss such that mediation will still have
an opportunity to proceed. The parties have agreed to mediate by August 31, 2017. Because the
motion to dismiss will not be ripe for the Court’s review until end of day, August 25, 2017, a
ruling will not be forthcoming prior to August 31, 2017. In the interest of judicial economy and
expediency, Plaintiff’s motion to strike or stay Defendant’s motion to dismiss (Dkt. No. 38) is
Plaintiff’s response is due Monday, August 21, 2017. Defendant’s reply, if any, is due
August 25, 2017. The Clerk is DIRECTED to remove the statistical closure of this case.
DATED this 18th day of July 2017.
William M. McCool
Clerk of Court
MINUTE ORDER C16-1026-JCC
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