Microsoft Corporation v. The Software King et al

Filing 36

ORDER granting 35 Stipulated Motion to Extend Trial and Related Dates signed by Judge Ricardo S Martinez. Jury Trial is set for 2/11/2019 at 09:00 AM before Judge Ricardo S Martinez; Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 7/13/2018; Discovery Motions due by 8/17/2018, Discovery completed by 9/14/2018, Dispositive motions due by 10/12/2018, Motions in Limine due by 1/17/2019, Agreed Pretrial Order due by 1/30/2019, Voir dire/jury instructions/trial briefs due by 2/6/2019. (PM)

Honorable Ricardo S. Martinez
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON AT SEATTLE
MICROSOFT CORPORATION, a Washington
corporation,

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Plaintiff,
v.

No. 2:16-cv-01899-RSM
STIPULATED MOTION AND
ORDER TO EXTEND TRIAL
AND RELATED DATES

THE SOFTWARE KING, an unknown business
entity, BIZIGNITION TECHNOLOGIES, INC.,
a Canadian corporation, ROGER HARDY, an
individual, WINSTON CABELL, an individual,
and NICHOLAS BOZIKIS, an individual ,
Defendants.

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Defendants BizIgnition Technologies, Inc., Roger Hardy, and Nicholas Bozikis

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(collectively, the "BizIgnition Defendants"), Defendant Winston Cabell ("Cabell"), and

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Plaintiff Microsoft Corporation ("Microsoft") (collectively, the "Parties") jointly and

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respectfully request that the Court extend the Trial Date and all related dates except the

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mediation deadline by four months.

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The Order Setting Trial Date and Related Dates (Dkt. No. 23) was entered on July 6,

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2017. The BizIgnition Defendants moved to substitute counsel on September 25, 2017. Dkt.

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No. 28. The Court granted that motion on the following day. Dkt. No. 29. The Parties request

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this extension so replacement counsel can continue its familiarization with the facts and

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circumstances of the case, including the ongoing discovery efforts by the Parties. Further, the

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Parties request this extension to facilitate their continuing good faith efforts toward settlement
STIPULATED MOTION AND ORDER TO
EXTEND TRIAL AND RELATED DATES (2:16cv-01899-RSM) - 1

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of this dispute, including continuing efforts to coordinate a mediation date at the end of April

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or early May 2018. Thus, for the foregoing reasons, the Parties request that the trial date of

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October 15, 2018, be extended by a period of four months (according to the Court's availability)

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and all related dates except the mediation deadline be continued accordingly, with the proposed

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dates as follows:

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Deadlines

Current Scheduled Dates

Proposed New Dates

JURY TRIAL DATE

October 15, 2018

February 11, 2019

Disclosure of expert testimony under

March 16, 2018

July 13, 2018

FRCP 26(a)(2)

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Discovery motions filing deadline

April 18, 2018

August 17, 2018

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Discovery completed by

May 18, 2018

September 14, 2018

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Dispositive motions filing deadline

June 15, 2018

October 12, 2018

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Motions in limine filing deadline

September 17, 2018

January 17, 2019

Agreed pretrial order due

October 3, 2018

January 30, 2019

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Trial Briefs, proposed voir dire October 10, 2018
questions, and jury instructions due

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STIPULATED MOTION AND ORDER TO
EXTEND TRIAL AND RELATED DATES (2:16cv-01899-RSM) - 2

February 6, 2019

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STIPULATED and AGREED TO this 16th day of March, 2018.

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s/ Brian F. McMahon
John D. Denkenberger, WSBA No. 25,907
James W. Anable, WSBA No. 7,169
Brian F. McMahon, WSBA No. 45,739
CHRISTENSEN O'CONNOR
JOHNSON KINDNESSPLLC
1201 Third Avenue, Suite 3600
Seattle, WA 98101-3029
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail],
[e-mail],
[e-mail],
[e-mail]
Attorneys for Defendants BizIgnition
Technologies, Inc., Roger Hardy, and
Nicholas Bozikis

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s/ Roger M. Townsend
Roger M. Townsend, WSBA No. 25525
Cynthia J. Heidelberg, WSBA No. 44121
BRESKIN JOHNSON & TOWNSEND,
PLLC
1000 Second Avenue, Suite 3670
Seattle, WA 98104
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail];
[e-mail]
Attorneys for Defendant Winston Cabell

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STIPULATED MOTION AND ORDER TO
EXTEND TRIAL AND RELATED DATES (2:16cv-01899-RSM) - 3

s/ Bonnie E. MacNaughton
Bonnie E. MacNaughton, WSBA No. 36110
Jaime Drozd Allen, WSBA No. 35742
James Harlan Corning, WSBA No. 45177
DAVIS WRIGHT TREMAIN LLP
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail];
[e-mail];
[e-mail]
Attorneys for Plaintiff Microsoft
Corporation

ORDER

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Based on the foregoing Stipulated Motion, the Court orders that the Stipulated Motion
and Order Requesting an extension of the Trial Date and related dates is granted. The trial date
of October 15, 2018, is extended by a period of four months (according to the Court's
availability) and all related dates except the mediation deadline are continued accordingly, with
the (proposed) dates as follows:

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Deadlines

New Dates

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JURY TRIAL DATE

February 11, 2019

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Disclosure of expert testimony under FRCP

July 13, 2018

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26(a)(2)

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Discovery motions filing deadline

August 17, 2018

Discovery completed by

September 14, 2018

Dispositive motions filing deadline

October 12, 2018

Motions in limine filing deadline

January 17, 2019

Agreed pretrial order due

January 30, 2019

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Trial Briefs, proposed voir dire questions, and February 6, 2019

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jury instructions due

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IT IS SO ORDERED
Dated this 20 day of March 2018.

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A

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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STIPULATED MOTION AND ORDER TO
EXTEND TRIAL AND RELATED DATES (2:16cv-01899-RSM) - 4

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Presented by:

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Brian F. McMahon
John D. Denkenberger, WSBA No. 25,907
James W. Anable, WSBA No. 7,169
Brian F. McMahon, WSBA No. 45,739
CHRISTENSEN O'CONNOR
JOHNSON KINDNESSPLLC
1201 Third Avenue, Suite 3600
Seattle, WA 98101-3029
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail],
[e-mail],
[e-mail], [e-mail]
Attorneys for Defendants BizIgnition
Technologies, Inc., Roger Hardy, and
Nicholas Bozikis

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STIPULATED MOTION AND ORDER TO
EXTEND TRIAL AND RELATED DATES (2:16cv-01899-RSM) - 5