Advanced Hair Restoration, LLC v. Hair Restoration Centers, LLC

Filing 15

ORDER granting 14 Stipulated Motion to Amend Case Schedule signed by Judge Ricardo S Martinez. (PM)

THE HONORABLE RICARDO S. MARTINEZ

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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ADVANCED HAIR RESTORATION, LLC,
Plaintiff,

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Case No.: 2:17-cv-00709-RSM
JOINT MOTION AND ORDER TO
AMEND CASE SCHEDULE

v.

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HAIR RESTORATION CENTERS, LLC,

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Defendant.

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I. RELIEF REQUESTED

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Pursuant to Fed. R. Civ. P. 16(b)(4) and this Court’s August 25, 2017 Order Setting Trial

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Date and Related Dates (Dkt. No. #13), Plaintiff Advanced Hair Restoration, LLC and Defendant

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Hair Restoration Centers, LLC move to amend the case schedule and extend the deadlines for

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joinder and to amend the pleadings. Having met and conferred, the parties request that this Court

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stay the deadline until seven-days after Defendant identifies the individuals who created the

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allegedly infringing website in this matter.

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II. AUTHORITY

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Plaintiff filed suit on May 5, 2017 and this Court issued an Order Regarding Initial

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Disclosures, Joint Status Report, and Early Settlement shortly thereafter. Dkt. # 1, 5. At the parties’

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request, this Court extended those initial deadlines to allow Defendant’s counsel to get up to speed.

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JOINT MOTION AND ORDER TO AMEND CASE SCHEDULE 2:17-cv-00709-RSM
56310-001 \ advanced 17-709 amend sched.docx
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STOKES LAWRENCE, P.S.
1420 FIFTH AVENUE, SUITE 3000
SEATTLE, WASHINGTON 98101-2393
[phone]

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Dkt. # 10. The Court’s Order Setting Trial Date and Related Dates followed the parties’ submission

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of their joint status report.

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This Court may modify case management deadlines for good cause. Fed. R. Civ. P.

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16(b)(4). Good cause considers the diligence of the parties seeking the modification; a district

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court may modify the pretrial schedule “if it cannot reasonably be met with the diligence of the

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party seeking the extension.” See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th

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Cir. 1992) (quoting Fed. R. Civ. P. 16((b)(4) advisory committee notes (1983)).

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Good cause exists here.

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This case concerns Plaintiff’s allegations of Defendant’s intentional infringement of

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Advanced Hair Restoration’s registered copyrights in certain photographs, and its attempt to

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confuse customers and compete unfairly in the hair transplant procedure business. Dkt. # 1, ¶ 1.

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Defendant generally denies these allegations and represents that if there was any infringement,

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such infringement was (1) inadvertent and (2) the fault of as-yet unidentified web developers.

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Defendant has not identified these web developers. Its initial disclosures provide only that:

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Individuals from the developer hired by Defendant to create the alleged website
will have knowledge and testimony regarding the alleged website, the alleged
images, and Defendant’s good faith actions relevant to the Complaint.

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This information is insufficient for Plaintiff to identify, investigate, or determine whether these
developers should be joined to this action.
Plaintiff’s counsel conferred with Defendant’s counsel about identifying these web
developers by email on September 19, 2017 and issued discovery seeking this information on
September 15, 2017. The parties agreed to extend the deadline until Defendant provides this
information, whether as a supplement to their initial disclosures or in response to Plaintiff’s initial
discovery requests.
III. CONCLUSION
For the aforementioned reasons, the parties’ respectfully request that this Court amend the
case schedule and stay the deadlines for joinder and amending the complaint for a reasonable
amount of time—seven-days after Defendant provides this information.
JOINT MOTION AND ORDER TO AMEND CASE SCHEDULE 2:17-cv-00709-RSM
56310-001 \ advanced 17-709 amend sched.docx
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STOKES LAWRENCE, P.S.
1420 FIFTH AVENUE, SUITE 3000
SEATTLE, WASHINGTON 98101-2393
[phone]

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DATED this 22nd day of September, 2017.
STOKES LAWRENCE, P.S.

NEWMAN DU WORS DURRANCE LLP

By: s/Leslie C. Ruiter__________
By: s/Lance A. Pelletier________
Leslie C. Ruiter (WSBA #28090)
Lance A. Pelletier (WSBA #49030)
Stokes Lawrence, P.S.
1420 Fifth Avenue, Suite 3000
Seattle, WA 98101
[phone]
Fax: [phone]
[e-mail]
[e-mail]
Attorneys for Plaintiff Advanced Hair
Restoration, LLC

By: s/Nathaniel Eli Durrance_____
Nathaniel Eli Durrance (WSBA # 41627)
Newman Du Wors Durrance LLP
2101 Fourth Avenue, Suite 1500
Seattle, WA 98121-2336
[phone]
Fax: [phone]
[e-mail]
Attorneys for Defendant Hair Restoration
Centers, LLC

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IT IS SO ORDERED.

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DATED this 26 day of September 2017.

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A

RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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JOINT MOTION AND ORDER TO AMEND CASE SCHEDULE 2:17-cv-00709-RSM
56310-001 \ advanced 17-709 amend sched.docx
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STOKES LAWRENCE, P.S.
1420 FIFTH AVENUE, SUITE 3000
SEATTLE, WASHINGTON 98101-2393
[phone]