Venice PI, LLC v. Doe 1 et al

Filing 76

MINUTE ORDER striking as moot Plaintiff's 73 Motion to Voluntarily Dismiss; directing parties to meet and confer and to file, within twenty-one (21) days of the date of this Minute Order, a Joint Status Report in the form set forth in 9 Minute Order. Authorized by Judge Thomas S. Zilly. (SWT) (cc: Michael Smith via USPS)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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VENICE PI, LLC,
Plaintiff,

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C17-1211 TSZ
v.

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MINUTE ORDER
MICHAEL SMITH,

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Defendant.
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The following Minute Order is made by direction of the Court, the Honorable
Thomas S. Zilly, United States District Judge:

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(1)
By Minute Order entered June 19, 2019, docket no. 72, the Court dismissed
plaintiff’s Amended Complaint, docket no. 17, without prejudice and with leave to
14 amend. Plaintiff’s subsequently filed motion, docket no. 73, to voluntarily dismiss the
operative pleading is STRICKEN as moot.
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(2)
The Court’s earlier Minute Order also directed plaintiff to show cause why
16 default should not be entered against it for failing to timely answer defendant Michael
Smith’s counterclaims. Plaintiff has since filed an Answer, docket no. 74, to Smith’s
17 counterclaims, as well as a notice of its intent not to file a Second Amended Complaint,
docket no. 75. The Court therefore declines to enter default against plaintiff, and the
18 matters remaining in this action are Smith’s counterclaims for declaratory judgment of
non-infringement and abuse of process.
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(3)
The parties are hereby DIRECTED to meet and confer and to file, within
20 twenty-one (21) days of the date of this Minute Order, a Joint Status Report in the form
set forth in the Minute Order entered August 25, 2017, docket no. 9. Smith shall initiate
21 the requisite contact with plaintiff’s counsel, and the parties shall cooperate in the filing
of a Joint Status Report. Failure to timely file a Joint Status Report will be grounds for
22 dismissal of Smith’s counterclaims.
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MINUTE ORDER - 1

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(4)
The Clerk is directed to send a copy of this Minute Order to all counsel of
record and to pro se defendant Michael Smith.

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Dated this 11th day of September, 2019.
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William M. McCool
Clerk

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s/Karen Dews
Deputy Clerk

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MINUTE ORDER - 2