Viesse v. Tacoma Screw Products, Inc. et al

Filing 40

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

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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ALBERT VIESSE,

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Plaintiff,

MINUTE ORDER

v.

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CASE NO. C16-1026-JCC

TACOMA SCREW PRODUCTS, INC.,

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Defendant.

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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).

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Specifically, Plaintiff asks the Court to strike Defendant’s motion to dismiss (Dkt. No. 35) or

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vacate all briefing and hearing dates in connection with the motion. (Id. at 2.)

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Recently, this Court issued an order based on the parties’ stipulated motion to continue

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the class certification briefing schedule. (Dkt. No. 34.) In the parties’ stipulated motion, they

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informed the Court that they would participate in mediation by August 31, 2017 and provide the

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Court with a status update by September 6, 2017. (Dkt. No. 33.) In the Court’s order, it directed

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the Clerk to statistically close this case until it received the post-mediation status update. (Dkt.

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No. 34.)

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//

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,

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2017. (Dkt. No. 37.) Plaintiff maintains this was in violation of a court order. (Dkt. No. 38.)

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However, the Court did not stay all proceedings, but rather directed the Clerk to statistically

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close the case. (Dkt. No. 34.) Defendant was therefore free to bring a motion to dismiss. The

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Court also notes that Defendant renoted the motion to dismiss such that mediation will still have

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an opportunity to proceed. The parties have agreed to mediate by August 31, 2017. Because the

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motion to dismiss will not be ripe for the Court’s review until end of day, August 25, 2017, a

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ruling will not be forthcoming prior to August 31, 2017. In the interest of judicial economy and

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expediency, Plaintiff’s motion to strike or stay Defendant’s motion to dismiss (Dkt. No. 38) is

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DENIED.
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.

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DATED this 18th day of July 2017.

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William M. McCool
Clerk of Court

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/s/Paula McNabb
Deputy Clerk

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MINUTE ORDER C16-1026-JCC
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