Picture Perfect Film Assets, LLC v. The McLaren Art Center et al

Filing 106

MINUTE ORDER denying plaintiff's motion to strike the reply declaration of David Spellman (dkt. 83 ; denying defendant The MacLaren Art Center's 54 Motion to Dismiss; granting defendant The MacLaren Art Center's 97 Motion to Sta y. This matter is STAYED pending further order of the Court. The parties shall file a Joint Status Report within fourteen (14) days after any decision by the Ontario Superior Court of Justice in the proceeding involving many of the parties to this action, or within fourteen (14) days after the Canadian litigation otherwise resolves, or by July 6, 2018, whichever occurs earlier. Authorized signed by Judge Thomas S. Zilly.(SWT)

1
2
3
4
5

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

6
7

PICTURE PERFECT FILM ASSETS,

8
9
10
11

Plaintiff,
C16-1893 TSZ

v.
THE MacLAREN ART CENTER,
et al.,

MINUTE ORDER

Defendants.
12
13
14
15

The following Minute Order is made by direction of the Court, the Honorable
Thomas S. Zilly, United States District Judge:
(1)
Plaintiff’s motion to strike, docket no. 83, the reply declaration of David
Spellman, docket no. 80, is DENIED.

(2)
Defendant The MacLaren Art Center’s motion to dismiss, docket no. 54, is
16 DENIED. With respect to personal jurisdiction over The MacLaren Art Center, the
motion merely repeats arguments that the Court has already rejected. See Minute Orders
17 (docket nos. 35 & 46). With regard to any defense asserted under Federal Rules of Civil
Procedure 12(b)(4) or (5), The MacLaren Art Center does not dispute that it was properly
18 served, and any insufficiency in process as to other parties is not a basis for dismissing
plaintiff’s claims against The MacLaren Art Center. As to the request for dismissal
19 pursuant to the doctrine of forum non conveniens, the Court is satisfied that the relevant
factors weigh against such “drastic exercise” of the Court’s “inherent power” to “decline
20 jurisdiction in exceptional circumstances.” See Carijano v. Occidental Petroleum Corp.,
643 F.3d 1216, 1224 (9th Cir. 2011). The arguments concerning the status of Paddon and
21 Yorke, Inc. (“P+Y”) as an indispensable party are moot in light of the stipulation between
plaintiff and P+Y dismissing plaintiff’s claims against P+Y with prejudice. Stipulation
22 (docket no. 95); see Minute Order (docket no. 96).
23
MINUTE ORDER - 1

1

(3)
Defendant The MacLaren Art Center’s motion to stay, docket no. 97, is
GRANTED. This matter is STAYED pending further order of the Court. The parties
2 shall file a Joint Status Report within fourteen (14) days after any decision by the Ontario
Superior Court of Justice in the proceeding involving many of the parties to this action,
3 or within fourteen (14) days after the Canadian litigation otherwise resolves, or by July 6,
2018, whichever occurs earlier.
4
(4)
The Clerk is directed to send a copy of this Minute Order to all counsel of
5 record.
6

Dated this 25th day of May, 2018.

7

William M. McCool
Clerk

8

s/Karen Dews
Deputy Clerk

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
MINUTE ORDER - 2