Electric Mirror, LLC et al v. Majestic Mirror & Frame, LLC

Filing 18

MINUTE ORDER striking plaintiffs' 15 Motion to amend the complaint ; granting defendant's consented 17 Motion to stay; Joint Status Report due within 21 days after determination or by 1/24/2018, whichever occurs earlier by Judge Thomas S. Zilly.(RS)

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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 6 7 8 ELECTRIC MIRROR, LLC, AND KELVIN 42 LLC, Plaintiffs, 9 10 11 v. C17-352 TSZ MINUTE ORDER MAJESTIC MIRROR & FRAME, LLC, Defendant. 12 13 14 15 16 17 18 19 20 21 22 The following Minute Order is made by direction of the Court, the Honorable Thomas S. Zilly, United States District Judge: (1) On May 1, 2017, the United States International Trade Commission initiated an investigation of several respondents, including defendant Majestic Mirrors & Frame, LLC, under Section 337 of the Tariff Act of 1930, as amended, at plaintiffs’ request. See Defendant’s Consented Motion, Ex. 1, docket no. 17-2 at 3. Pursuant to 28 U.S.C. § 1659, a district court presiding over a civil action involving parties also involved in a proceeding before the United States International Trade Commission (the “Commission”) under section 337 of the Tariff Act of 1930, upon the timely request of a party who is also a respondent in the proceeding before the Commission, shall stay the action with respect to any claim that involves the same issues as the proceeding before the Commission, until the determination of the Commission becomes final. See 28 U.S.C. § 1659(a). A stay under § 1659 “requires that the stay of district court proceedings continue until the Commission proceedings are no longer subject to judicial review.” In re Princo Corp., 478 F.3d 1345, 1355 (Fed. Cir. 2007). The infringement claims at issue in this action involve the same patents—U.S. Patent Nos. 7,853,414 and 7,559,668, see Proposed Amended Complaint, docket no. 15—and appear to involve the same issues that are now before the Commission. Defendant, who is a respondent in the 23 MINUTE ORDER - 1 1 proceedings before the Commission, has timely filed a request for stay. See 28 U.S.C. § 1659(a). Accordingly, and in light of plaintiff’s consent, defendant’s consented motion 2 for mandatory stay pursuant to 28 U.S.C. § 1659, docket no. 17, is GRANTED, and this matter is hereby STAYED until the determination of the Commission becomes final. The 3 parties are DIRECTED to file a Joint Status Report within twenty-one (21) days after the determination of the Commission becomes final or by January 24, 2018, whichever 4 occurs earlier. (2) In light the Court’s stay of this matter, plaintiffs’ unopposed motion to amend the complaint, docket no. 15, is STRICKEN without prejudice. If necessary, 6 plaintiffs may re-file their motion to amend the complaint after the stay in this case is lifted. 7 (3) The Clerk is directed to send a copy of this Minute Order to all counsel of record. 8 5 9 Dated this 25th day of May, 2017. 10 William M. McCool Clerk 11 s/Karen Dews Deputy Clerk 12 13 14 15 16 17 18 19 20 21 22 23 MINUTE ORDER - 2

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