Direct Radiology LLC v. Radiant Medical Imaging LLC et al

Filing 30

MINUTE ORDER granting defendants' 21 Motion to Set Aside Default, Orders 16 , 17 , and 20 , are VACATED ; Plaintiff's motion for default judgment, docket no. 24 , or in the alternative summary judgment, is STRICKEN as moot as to default judgment and DENIED without prejudice as to summary judgment. FRCP 26f Conference Deadline is 9/1/2017, Initial Disclosure Deadline is 9/1/2017, Joint Status Report due by 9/1/2017. Authorized by Judge Thomas S. Zilly. (SWT)

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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 6 7 DIRECT RADIOLOGY, LLC, 8 Plaintiff, 9 C17-67 TSZ v. 10 RADIANT MEDICAL IMAGING, LLC, et al., 11 MINUTE ORDER Defendants. 12 13 The following Minute Order is made by direction of the Court, the Honorable Thomas S. Zilly, United States District Judge: 14 (1) Defendants’ motion, docket no. 21, to vacate the Orders entering default against them, is GRANTED.1 The two Orders dated May 2, 2017, and the Order dated 15 May 26, 2017, docket nos. 16, 17, and 20, are VACATED. Defendants shall file their responsive pleadings or motions within fourteen (14) days of the date of this Minute 16 Order. 17 (2) Plaintiff’s motion for default judgment, docket no. 24, or in the alternative summary judgment, is STRICKEN as moot as to default judgment and DENIED without 18 prejudice as to summary judgment. 19 (3) The parties shall conduct the requisite conference pursuant to Federal Rule of Civil Procedure 26(f) and file a Joint Status Report in the form described in the Order 20 Defendants’ request, docket no. 27, that plaintiff’s response, docket no. 23, be rejected as untimely filed is DENIED. The Court sua sponte GRANTS plaintiff an extension of time, and has considered plaintiff’s response. The Court, however, DECLINES plaintiff’s request to impose as a condition of vacating the 22 default orders that defendants pay plaintiff’s attorney’s fees. 21 1 23 MINUTE ORDER - 1 1 entered January 30, 2017, docket no. 8, on or before September 1, 2017. The parties shall also exchange initial disclosures as required in Federal Rule of Civil Procedure 26(a)(1) 2 by September 1, 2017. 3 4 (4) record. The Clerk is directed to send a copy of this Minute Order to all counsel of Dated this 14th day of July, 2017. 5 William M. McCool Clerk 6 7 s/Karen Dews Deputy Clerk 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 MINUTE ORDER - 2

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