SmarTek21, LLC v. VisiKard, Inc

Filing 51

MINUTE ORDER granting plaintiff's 40 Motion for Leave to File Amended Complaint; directing plaintiff to include in the first amended complaint allegations establishing the citizenship of Kenneth Lipscomb for purposes of assessing; RENOTING third party defendant's 21 Rule 11 Motion : Noting Date 8/24/2018. Authorized signed by Judge Thomas S. Zilly.(SWT)Counsel is directed to e-file their Amended Complaint.

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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SMARTEK21, LLC, a Washington
Limited Liability Company
Plaintiff,

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C17-1798 TSZ
v.
MINUTE ORDER
VISIKARD, INC, a Delaware
Corporation,

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Defendant.
VISIKARD, INC, a Delaware
Corporation,

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Third Party Plaintiff,
v.
CHRISTOPHER MASON, an
individual, and SMYTH & MASON,
PLLC, a Professional Limited Liability
Corporation,
Third Party Defendants.

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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)
Plaintiff’s Motion for Leave to File Amended Complaint, docket no. 40
(the “Motion to Amend”), is GRANTED. Plaintiff shall file the first amended complaint

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MINUTE ORDER - 1

1 no later than August, 15, 2018, in substantially the same form as the proposed amended
complaint attached to the Motion to Amend at docket no. 40-1. Plaintiff is DIRECTED
2 to include in the first amended complaint allegations establishing the citizenship of
Kenneth Lipscomb for purposes of assessing diversity jurisdiction.
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(2)
The Court DEFERS Third Party Defendants’ Rule 11 Motion, docket
4 no. 21, and renotes the motion to August 24, 2018. The Court will consider the motion
under Rule 11 in connection with the Third Party Defendants’ Motion for Summary
5 Judgment, docket no. 48.
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(3)
record.

The Clerk is directed to send a copy of this Minute Order to all counsel of

Dated this 6th day of August, 2018.

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William M. McCool
Clerk

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s/Karen Dews
Deputy Clerk

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MINUTE ORDER - 2