Hyperion Entertainment C.V.B.A. et al v. Itec, LLC et al

Filing 73

ORDER granting 71 Motion to Extend Trial Date and Related Deadlines. Jury Trial is CONTINUED to 4/13/2020 at 09:00 AM before Judge Ricardo S. Martinez. Discovery Motions due by 11/8/2019, Discovery completed by 12/10/2019, Dispositive motions due by 1/8/2020, 39.1 mediation to be completed by 2/21/2020, Motions in Limine due by 3/11/2020, Agreed Pretrial Order due by 3/26/2020, Voir dire/jury instructions/trial briefs due by 4/2/2020. 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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CLOANTO CORPORATION, a Nevada
corporation; AMIGA, INC., a Delaware
corporation; ITEC, LLC, a New York limited
liability company; AMINO DEVELOPMENT
CORPORATION, a Washington corporation
vs.
HYPERION ENTERTAINMENT C.V.B.A.,
Defendant.
HYPERION ENTERTAINMENT C.V.B.A.,

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STIPULATED MOTION TO EXTEND
TRIAL DATE AND RELATED
DEADLINES

Plaintiffs,

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No. 2:18-cv-00381-RSM
(consolidated with 2:18-cv-0535)

Counterclaim
Plaintiff,
vs.

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CLOANTO CORPORATION, a Nevada
corporation; AMIGA, INC., a Delaware
corporation; ITEC, LLC, a New York limited
liability company; AMINO DEVELOPMENT
CORPORATION, a Washington corporation

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Counter-Defendants.

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STIPULATED MOTION TO EXTEND TRIAL DATE AND
RELATED DEADLINES
2:18-cv-00381-RSM

LEE & HAYES, P.C.
701 Pike Street, Suite 1600
Seattle, Washington 98101
Telephone: [phone] Fax: [phone]

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Plaintiffs/Counter-Defendants Cloanto Corporation, Amiga, Inc., Amino Development

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Corporation, and ITEC, LLC (“Plaintiffs”) together with Defendant/Counterclaim Plaintiff

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Hyperion Entertainment C.V.B.A. (“Defendant”) (collectively, the “Parties”)), pursuant to LCR

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7(d)(1) and LCR 10(g), jointly move the Court for an order extending, by approximately four

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months, the dates in the Court’s Order Setting Trial Date and Related Dates (Dkt. #32).

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Additional time is needed to complete discovery given the procedural posture of this consolidated

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action, the complex nature of the pending claims and counterclaims, the complexity and difficulty

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in working with international parties, a pending procedural action in the European Union

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involving Hyperion’s corporate status, and the effect of the Court’s recent decisions (Dkt. #s 68-

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69) on Defendant’s Motion to Dismiss in Part Plaintiffs’ Second Amended Complaint (Dkt. # 52)

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and Plaintiffs’ Motion to Extend Deadlines in Scheduling Order to Permit Plaintiffs to File a Third

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Amended Complaint (Dkt. #s 56-57).

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On or around December 29, 2018, Plaintiffs filed a Second Amended Complaint to

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reorganize the Parties’ positions to reflect Cloanto Corporation, Amiga, Inc., Itec, LLC, and

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Amino Development Corporation as Plaintiffs, and Hyperion Entertainment CVBA as Defendant.

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Dkt. #46. Thereafter, Defendant moved to dismiss three of Plaintiffs’ claims on various grounds.

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Dkt. #52. On May 16, 2019, the Court granted in part and denied in part Defendant’s Motion to

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Dismiss. Dkt. #69. Accordingly, on May 30, 2019, Defendant timely filed its Answer to

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Plaintiffs’ Second Amended Complaint and Counterclaims. Dkt. # 70. Plaintiffs’ reply to

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Defendant’s counterclaims is due on June 20, 2019. See Fed. R. Civ. P. 12(a)(1)(B).

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The Court’s Order Setting Trial Date and Related Dates (Dkt. #32) provides deadlines for

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the Parties to disclose expert testimony, file discovery motions, complete discovery, file

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dispositive motions, and complete other pretrial deadlines. However, given the effect of the

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Court’s recent orders (Dkt. #s 68-69) and the resulting procedural posture of this consolidated

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action, the Parties respectfully request the Court reschedule certain remaining discovery and

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pretrial deadlines. Further, Hyperion is involved in a legal proceeding in the European Union that

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STIPULATED MOTION TO EXTEND TRIAL DATE AND
RELATED DEADLINES - 1
2:18-cv-00381-RSM

LEE & HAYES, P.C.
701 Pike Street, Suite 1600
Seattle, Washington 98101
Telephone: [phone] Fax: [phone]

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is expected to conclude toward the end of June 2019. The proceeding centers on whether

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Hyperion may continue as a legal entity in Belgium.

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The Parties jointly submit there is good cause to extend the deadlines recited below to

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allow the Parties to proceed with and complete discovery following Plaintiffs’ reply to

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Defendant’s counterclaims on June 20, 2019. The Parties have been and continue to engage in

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discovery in good faith. The Parties have exchanged documents and disclosures of witnesses. The

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Parties have also engaged in written fact discovery and anticipate scheduling depositions of

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certain Fed. R. Civ. P. 30(b)(6) and percipient witnesses during August 2019 in Seattle—dates

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that the Parties have been actively working towards for several months. The Parties also

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anticipate participating in a settlement conference in August, following those depositions.

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Currently, the discovery completion deadline is August 12, 2019. A short four-month

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extension of the remaining deadlines is necessary to complete these depositions and to allow the

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Parties to engage in any additional third party and fact discovery thereafter.

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On February 28, 2019, Plaintiffs sought to modify the Court’s Order to permit Plaintiffs to

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file a third amended complaint. Dkt. #56. The Court denied Plaintiffs’ Motion. Dkt. #65. The

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Parties’ current request does not include a request for leave to add new parties, to amend claims,

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or to extend expert disclosures. Instead, the Parties jointly respectfully request the Court extend

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the following:

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Deadline/Event

Current

Proposed

Disclosure for filing motions related
07/12/2019
to discovery. Any such motions shall be
noted for consideration pursuant to LCR 7(d)(3)

11/08/2019

Discovery completed by

08/12/2019

12/10/2019

All dispositive motions must be filed
09/10/2019
by and noted on the motion calendar no later
than the fourth Friday thereafter (see LCR 7(d))

01/08/2020

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STIPULATED MOTION TO EXTEND TRIAL DATE AND
RELATED DEADLINES - 2
2:18-cv-00381-RSM

LEE & HAYES, P.C.
701 Pike Street, Suite 1600
Seattle, Washington 98101
Telephone: [phone] Fax: [phone]

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Mediation per LCR 39.1(c)(3), if
requested, held no later than

10/25/2019

02/21/2020

All motions in limine must be filed by
and noted on the motion calendar no
later than the THIRD Friday thereafter

11/12/2019

03/11/2020

Agreed pretrial order due

11/27/2019

03/26/2020

12/04/2019

04/02/2020

Pretrial conference to be scheduled by
the Court
Trial brief, proposed voir dire questions,
jury instructions, neutral statement of the
case, and trial exhibits due

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The Parties’ joint request is not sought for purposes of delay. Rather, because of the

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procedural posture of this consolidated action following the reorientation of the Parties’ positions,

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the complex nature of the claims and counterclaims at issue, and this Court’s recent decisions, the

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Parties believe a four-month extension is necessary to effectively complete remaining discovery

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and pretrial deadlines.

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As such, the Parties respectfully request the Court extend the remaining deadlines in the
Court’s Order Setting Trial Date and Related Deadlines.
Respectfully submitted this 12th day of June, 2019.

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By: s/ Gordon E.R. Troy
Gordon E. R. Troy
Pro Hac Vice
Gordon E. R. Troy, PC
5203 Shelurne Road
Shelburne, VT 05482
Tel.: [phone]
Fax: [phone]
[e-mail]

By: s/ Robert J. Carlson
Robert J. Carlson, WSBA 18455
Lee & Hayes, PC
701 Pike Street, Ste. 1600
Seattle, WA 98101
Tel.: [phone]
Fax: [phone]
[e-mail]
Attorneys for Hyperion Entertainment
C.V.B.A.

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STIPULATED MOTION TO EXTEND TRIAL DATE AND
RELATED DEADLINES - 3
2:18-cv-00381-RSM

LEE & HAYES, P.C.
701 Pike Street, Suite 1600
Seattle, Washington 98101
Telephone: [phone] Fax: [phone]

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and

and

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By: s/ Michael G. Atkins
Michael G. Atkins, WSBA# 26026Atkins
Intellectual Property, PLLC
113 Cherry Street #18483
Seattle, WA 98104-2205
Tel.: [phone]
Fax: [phone]
[e-mail]
Attorneys for Cloanto Corporation, Amiga,
Inc., Itec, LLC, and Amino Development
Corporation

By: s/ Sarah E. Elsden
Sarah E. Elsden, WSBA 51158
Rhett V. Barney, WSBA 44764
Lee & Hayes, PC
601 W. Riverside Ave., Ste. 1400
Spokane, WA 99201
Tel.: [phone]
Fax: [phone]
[e-mail]
[e-mail]

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IT IS SO ORDERED. It is further ORDERED that this case be assigned a new trial date of April
13, 2020.

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DATED this 18 day of June, 2019.

A

RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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STIPULATED MOTION TO EXTEND TRIAL DATE AND
RELATED DEADLINES - 4
2:18-cv-00381-RSM

LEE & HAYES, P.C.
701 Pike Street, Suite 1600
Seattle, Washington 98101
Telephone: [phone] Fax: [phone]