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)

Download PDF
THE HONORABLE JOHN C. COUGHENOUR 1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 9 ALBERT VIESSE, 10 Plaintiff, MINUTE ORDER v. 11 12 CASE NO. C16-1026-JCC TACOMA SCREW PRODUCTS, INC., 13 Defendant. 14 15 16 17 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). 18 Specifically, Plaintiff asks the Court to strike Defendant’s motion to dismiss (Dkt. No. 35) or 19 vacate all briefing and hearing dates in connection with the motion. (Id. at 2.) 20 Recently, this Court issued an order based on the parties’ stipulated motion to continue 21 the class certification briefing schedule. (Dkt. No. 34.) In the parties’ stipulated motion, they 22 informed the Court that they would participate in mediation by August 31, 2017 and provide the 23 Court with a status update by September 6, 2017. (Dkt. No. 33.) In the Court’s order, it directed 24 the Clerk to statistically close this case until it received the post-mediation status update. (Dkt. 25 No. 34.) 26 // MINUTE ORDER C16-1026-JCC PAGE - 1 1 Defendant then brought a motion to dismiss (Dkt. No. 35) and noted it for August 25, 2 2017. (Dkt. No. 37.) Plaintiff maintains this was in violation of a court order. (Dkt. No. 38.) 3 However, the Court did not stay all proceedings, but rather directed the Clerk to statistically 4 close the case. (Dkt. No. 34.) Defendant was therefore free to bring a motion to dismiss. The 5 Court also notes that Defendant renoted the motion to dismiss such that mediation will still have 6 an opportunity to proceed. The parties have agreed to mediate by August 31, 2017. Because the 7 motion to dismiss will not be ripe for the Court’s review until end of day, August 25, 2017, a 8 ruling will not be forthcoming prior to August 31, 2017. In the interest of judicial economy and 9 expediency, Plaintiff’s motion to strike or stay Defendant’s motion to dismiss (Dkt. No. 38) is 10 11 12 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. 13 14 DATED this 18th day of July 2017. 15 William M. McCool Clerk of Court 16 /s/Paula McNabb Deputy Clerk 17 18 19 20 21 22 23 24 25 26 MINUTE ORDER C16-1026-JCC PAGE - 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?