Kremerman v. Open Source Steel, LLC et al

Filing 70

ORDER ON STIPULATED 66 MOTION TO LIFT STAY AND TO CONSIDER DEFENDANTS' 34 MOTION TO DISMISS signed by Hon. Brian A Tsuchida; The stay is LIFTED. Deft's 34 MOTION to Dismiss is RENOTED: Noting Date 8/25/2017. See order for additional details. (TF)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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ELLIOT KREMERMAN,
Plaintiff,

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v.

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OPEN SOURCE STEEL, LLC, et al.,

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CASE NO. C17-953-BAT
ORDER ON STIPULATED
MOTION TO LIFT STAY AND TO
CONSIDER DEFENDANTS’
MOTION TO DISMISS

Defendants.

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The Court GRANTS the parties’ Stipulated Motion to Lift Stay and Consider

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Defendants’ Motion to Dismiss, Dkt. 66. The Court observes defendants’ Motion to Dismiss

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requested a hearing on the motion, but that the stipulated motion currently before the Court fails

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to renew that request. See Dkts. 34, 64. The Court therefore ORDERS:

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1.

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LIFTED;

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2.

Defendant’s Motion to Dismiss, Dkt. 34, is RE-NOTED to August 25, 2017;

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3.

The Court GRANTS the parties’ request to submit statements of supplemental

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authorities to address any additional case law that may be appropriate in light of the

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transfer from the Northern District of California to this Court. Defendants have already

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submitted that supplemental briefing (Dkt. 68); plaintiff shall submit his supplemental

The stay imposed by Judge James Donato on May 31, 2017, (Dkt. 44), is

ORDER ON STIPULATED MOTION TO LIFT
STAY AND TO CONSIDER DEFENDANTS’
MOTION TO DISMISS - 1

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briefing no later than August 21, 2017. The Court will consider all briefing submitted in

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support of and in opposition to defendants’ Motion to Dismiss filed before August 22,

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2017; and

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4.

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they request a hearing on the pending motion to dismiss. The submission may be filed as

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a joint statement.

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The Clerk of the Court shall provide a copy of this order to all counsel of record.

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DATED this 16th day of August, 2017.

No later than August 21, 2017, the parties shall indicate on the record whether

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A

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BRIAN A. TSUCHIDA
United States Magistrate Judge

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ORDER ON STIPULATED MOTION TO LIFT
STAY AND TO CONSIDER DEFENDANTS’
MOTION TO DISMISS - 2