Microtouch, L.L.C. et al v. Paige Doyle et al

Filing 91

STIPULATION AND ORDER to Extend Noting Date for Defendants' Motion for Partial Summary Judgment re parties' 90 Joint Stipulated MOTION. Noting Date for Defendants' 87 Motion for Partial Summary Judgment is extended to 7/27/2018. Authorized by Judge Marsha J. Pechman. (TH)

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HON. MARSHA J. PECHMAN

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UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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MICROTOUCH, L.L.C. and 30/10 WEIGHT LOSS,
LLC,
Plaintiffs,

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vs.
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PAIGE DOYLE, AWAKEN 180 INC., NEWTON
WEIGHTLOSS, LLC, PEABODY WEIGHTLOSS,
LLC, QUINCY WEIGHTLOSS, LLC, and
SEEKONK WEIGHTLOSS, LLC,
Defendants.
PAIGE DOYLE, AWAKEN 180 INC., NEWTON
WEIGHTLOSS, LLC, PEABODY WEIGHTLOSS,
LLC, QUINCY WEIGHTLOSS, LLC, and
SEEKONK WEIGHTLOSS, LLC,
Counterclaimants/Third Party
Plaintiffs,
vs.

CASE NO. 2:17-cv-00996-MJP
JOINT STIPULATED MOTION
AND [PROPOSED] ORDER TO
EXTEND NOTING DATE FOR
DEFENDANTS' MOTION FOR
PARTIAL SUMMARY
JUDGMENT
NOTE ON MOTION CALENDAR:
July 16, 2018

MICROTOUCH, L.L.C. and 30/10 WEIGHT LOSS,
LLC,
Counterclaim Defendants,
and
DR. ROCCO NELSON, an individual; and DR.
LINDA DEGROOT (and their marital community);
and one or more JOHN DOES, currently not known
to Third Party Plaintiffs,
Third Party Defendants.
JOINT STIPULATED MOTION AND ORDER TO EXTEND NOTING
DATE FOR DEFENDANTS' MOTION FOR PARTIAL SUMMARY
JUDGMENT (2:17-cv-00996-MJP) - 1

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For good cause detailed below, the Parties jointly move the Court to extend the noting

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date for Defendants’ Motion for Partial Summary Judgment in this matter by one (1) week—

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from July 20, 2018 to July 27, 2018. The Parties have been diligently working towards

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settlement of this matter, and have reached a preliminary settlement agreement. Accordingly,

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the Parties request a brief extension on the Defendants’ pending motion to allow the Parties to

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finalize the terms of their preliminary settlement agreement. All Parties are in agreement and

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do not oppose the extension of the noting date for this purpose. Accordingly, pursuant to LCR

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7(d)(1) and LCR 10(g), the Parties submit this stipulation:

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I. PERTINENT FACTS

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On June 27, 2018, Defendants filed a Motion for Partial Summary Judgment (ECF #87),

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which is presently pending before this Court. The current noting date for this Motion is July 20,

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2018. The Parties are working to finalize the terms of a preliminary settlement agreement, and

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have agreed to extend the noting date, and all associated opposition and reply briefing deadlines,

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by one (1) week to enable the Parties to finalize the details of their settlement.

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II. ARGUMENT

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Good cause exists for extending the noting date at issue. The Parties are close to finalizing

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their settlement resolving this pending litigation, and a brief one-week extension of the noting

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date will allow the Parties to finalize this settlement agreement without expending unnecessary

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additional resources on briefing associated with Defendants’ motion.

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III. CONCLUSION

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For all of the foregoing reasons, this Court should grant this Stipulation and extend the

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noting date for Defendants’ Motion for Partial Summary Judgement (ECF #87) to July 27, 2018,

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and extend the briefing schedule as follows:

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//

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//

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//

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JOINT STIPULATED MOTION AND ORDER TO EXTEND NOTING
DATE FOR DEFENDANTS' MOTION FOR PARTIAL SUMMARY
JUDGMENT (2:17-cv-00996-MJP) - 2

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Event

Current Deadline

Requested
Extended Deadline

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Deadline to file Opposition
to Defendants’ Motion for
Partial Summary Judgment

July 16, 2018

July 23, 2018

Deadline to file Reply in
Support of Defendants’
Motion for Partial
Summary Judgment

July 20, 2018

July 27, 2018

Noting Date for
Defendants’ Motion for
Partial Summary Judgment

July 20, 2018

July 27, 2018

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All other deadlines will remain unchanged. IT IS SO STIPULATED.

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DATED this 17th day of July, 2018.

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TOUSLEY BRAIN STEPHENS PLLC

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By: s/ Kim D. Stephens
s/ Janissa A. Strabuk
s/ Cecily C. Shiel
Kim D. Stephens, WSBA #11984
Janissa A. Strabuk, WSBA #21827
Cecily C. Shiel, WSBA #50061
[e-mail]
[e-mail]
[e-mail]
1700 Seventh Avenue, Suite 2200
Seattle, Washington 98101
Telephone: [phone]
Fax: [phone]

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BUCHALTER LAW FIRM
By: s/ Bradley P. Thoreson
Bradley P. Thoreson, WSBA #18190
[e-mail]
Buchalter Law Firm
1301 5th Ave #3100
Seattle, WA 98101
Telephone: [phone]

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JOINT STIPULATED MOTION AND ORDER TO EXTEND NOTING
DATE FOR DEFENDANTS' MOTION FOR PARTIAL SUMMARY
JUDGMENT (2:17-cv-00996-MJP) - 3

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Attorneys for Plaintiffs/CounterclaimDefendants Microtouch, L.L.C. and 30/10
Weight Loss, LLC and Third-Party Defendants

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BUNDY LAW FIRM PLLC
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By: s/ Howard E Bundy
Howard E. Bundy, WSBA 11762
Caroline Fichter, WSBA 42554
5400 Carillon Point
Kirkland, WA 98033
TEL: [phone]
FAX: [phone]
[e-mail]
Eric H. Karp, BBO #260280
Admitted Pro Hac Vice
Witmer, Karp, Warner & Ryan LLP
22 Batterymarch Street
Boston, MA 02109
TEL: [phone]
FAX: [phone]
[e-mail]
Attorneys for Defendants, Counterclaimants, and
Third Party Plaintiffs

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JOINT STIPULATED MOTION AND ORDER TO EXTEND NOTING
DATE FOR DEFENDANTS' MOTION FOR PARTIAL SUMMARY
JUDGMENT (2:17-cv-00996-MJP) - 4

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Based on the foregoing Stipulation, and good cause appearing, therefore,

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IT IS SO ORDERED.

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DONE IN OPEN COURT this __17th____ day of July, 2018.

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A

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The Honorable Marsha J. Pechman
United States Senior District Court Judge

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Presented by:

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TOUSLEY BRAIN STEPHENS PLLC

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By: s/ Kim D. Stephens
s/ Janissa A. Strabuk
s/ Cecily C. Shiel
Kim D. Stephens, WSBA #11984
Janissa A. Strabuk, WSBA #21827
Cecily C. Shiel, WSBA #50061
[e-mail]
[e-mail]
[e-mail]
1700 Seventh Avenue, Suite 2200
Seattle, Washington 98101
Telephone: [phone]
Fax: [phone]

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BUCHALTER LAW FIRM

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By: s/ Bradley P. Thoreson
Bradley P. Thoreson, WSBA #18190
[e-mail]
Buchalter Law Firm
1301 5th Ave #3100
Seattle, WA 98101
Telephone: [phone]
JOINT STIPULATED MOTION AND ORDER TO EXTEND NOTING
DATE FOR DEFENDANTS' MOTION FOR PARTIAL SUMMARY
JUDGMENT (2:17-cv-00996-MJP) - 5

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Attorneys for Plaintiffs/
Counterclaim-Defendants Microtouch,
L.L.C. and
30/10 Weight Loss, LLC

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BUNDY LAW FIRM PLLC
By: s/ Howard E Bundy
Howard E. Bundy, WSBA 11762
Caroline Fichter, WSBA 42554
5400 Carillon Point
Kirkland, WA 98033
TEL: [phone]
FAX: [phone]
[e-mail]
Eric H. Karp, BBO #260280
Admitted Pro Hac Vice
Witmer, Karp, Warner & Ryan LLP
22 Batterymarch Street
Boston, MA 02109
TEL: [phone]
FAX: [phone]
[e-mail]
Attorneys for Defendants, Counterclaimants,
and Third Party Plaintiffs

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JOINT STIPULATED MOTION AND ORDER TO EXTEND NOTING
DATE FOR DEFENDANTS' MOTION FOR PARTIAL SUMMARY
JUDGMENT (2:17-cv-00996-MJP) - 6

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CERTIFICATE OF SERVICE

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I hereby certify that on July 17, 2018, I electronically filed the foregoing with the Clerk

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of the Court using the CM/ECF system which will send notification of such filing to all parties

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registered on the CM/ECF system. All other parties (if any) shall be served in accordance with

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the Federal Rules of Civil Procedure.

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DATED at Seattle, Washington, this 17th day of July, 2018.

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s/ Janissa A. Strabuk
Janissa A. Strabuk, WSBA #21827

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JOINT STIPULATED MOTION AND ORDER TO EXTEND NOTING
DATE FOR DEFENDANTS' MOTION FOR PARTIAL SUMMARY
JUDGMENT (2:17-cv-00996-MJP) - 7