Secure Channels, Inc. v. Coleridge

Filing 65

ORDER re 64 Stipulation to File Third Amended Complaint. Court orders Plaintiff to file a Third Amended Complaint within two (2) business days of the Court's entry of this Order; finding as moot Defendant's 51 Motion to Dismiss the Second Amended Complaint; finding as moot Plaintiff's 60 Motion to Amend Complaint. 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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SECURE CHANNELS, INC., a California
Corporation,

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Plaintiff,

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v.
ROBERT COLERIDGE, a Washington
resident,

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Defendant.
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Case No. C16-1306RSM
ORDER REGARDING
STIPULATION TO FILE THIRD
AMENDED COMPLAINT AND
STRIKING PENDING MOTIONS

On March 10, 2017, the parties’ filed a Stipulation to File Third Amended Complaint,
along with a proposed Order allowing the filing of such Complaint and supplementing the
briefing on Defendant’s pending Motion to Dismiss the Second Amended Complaint. Dkt.

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#64. Having reviewed the Stipulation and proposed Order, the Court does not find the parties’
proposal regarding Defendant’s pending motion to dismiss to be efficient or helpful to the
Court.
Accordingly, the Court does not accept the parties’ proposed Order in that regard and
alternatively hereby ORDERS:
1. Pursuant to the Stipulation of the parties, Plaintiff shall file a Third Amended

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Complaint – in the form sent to opposing counsel as of the date of the parties’
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stipulation – within two (2) business days of the Court’s entry of this Order.

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2. Plaintiff’s Third Amended Complaint replaces and supersedes the previously-filed

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Second Amended Complaint. Accordingly, Defendant’s pending Motion to Dismiss
ORDER REGARDING THE THIRD AMENDED
COMPLAINT - 1

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the Second Amended Complaint (Dkt. #51) is moot and shall be STRICKEN from

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the motion calendar. Nothing in this Order precludes Defendant from filing another

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motion to dismiss should they find such action to be necessary.

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3. Plaintiff’s pending Motion to Amend Complaint (Dkt. #60) is also now moot and
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shall be STRICKEN from the motion calendar.
DATED this 13th day of March, 2017.

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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ORDER REGARDING THE THIRD AMENDED
COMPLAINT - 2