Cen Com, Inc v. Numerex Corp et al

Filing 154

ORDER denying Plaintiff's 120 Motion for Terminating Sanctions. 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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Case No. C17-0560RSM
CEN COM, INC., a Washington Corporation
doing business as American Digital Monitoring,
ORDER DENYING PLAINTIFF’S
Plaintiff,
MOTION FOR TERMINATING
SANCTIONS
v.

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NUMEREX CORP., a Pennsylvania
Corporation; NextAlarm, LLC, a Georgia
Limited Liability Company; and DOES 1 – 10,
Defendants.
THIS MATTER comes before the Court on Plaintiff’s Motion for Terminating Sanctions.

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Dkt. #120. Plaintiff seeks an Order dismissing all of Defendants’ counterclaims as a sanction for
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their alleged overuse of the Attorneys’ Eyes Only (“AEO”) designation of documents during
discovery. Id. The Court DENIES this motion for counsels’ failure to engage in the appropriate

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meet-and-confer required by this Court’s Rules and the stipulated Protective Order. LCR

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37(a)(1) and Dkt. #19 at ¶ 7.2. The record reflects numerous discussions between counsel

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regarding Defendants’ AEO designations. See Dkts. #122 and #143. However, having reviewed

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that record, and the history of this matter, the Court is not convinced that the parties had reached

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an impasse requiring the filing of the instant motion, or that all parties had engaged in a good
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faith effort to resolve the dispute. For those reasons, Plaintiff’s Motion for Terminating Sanctions
(Dkt. #120) is DENIED.

ORDER - 1

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DATED this 26th day of June, 2018.

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A

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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ORDER - 2