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

Filing 96

ORDER CONTINUING TRIAL re Parties' 95 Stipulated Motion to Continue Trial Date and Related Dates. Jury Trial is CONTINUED to 5/3/2021 at 09:00 AM before Judge Ricardo S. Martinez. Dispositive motions due by 2/5/2021, 39.1 mediation to be completed by 3/17/2021, Motions in Limine due by 4/7/2021, Agreed Pretrial Order due by 4/22/2021, Voir dire/jury instructions/trial briefs/exhibits due by 4/29/2021. 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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10 CLOANTO CORPORATION, AMIGA, INC.,
ITEC, LLC and AMINO DEVELOPMENT
11 CORPORATION,
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Plaintiffs,
- against -

14 HYPERION ENTERTAINMENT CVBA,
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Defendant.

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HYPERION ENTERTAINMENT CVBA
Counterclaim Plaintiff,

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- against -

CLOANTO CORPORATION, AMIGA, INC.,
20 ITEC, LLC and AMINO DEVELOPMENT
CORPORATION,
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Counterclaim Defendants.
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Civil Action No.: 2:18-cv-00381-RSM
(consolidated with 2:18-cv-00535)

STIPULATED MOTION TO
CONTINUE TRIAL DATE AND
RELATED DATES BY THREE
MONTHS TO FACILITATE
SETTLEMENT DISCUSSIONS
NOTE ON MOTION CALENDAR:
October 6, 2020

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Stipulated Motion to Continue Trial Date
Case No. 2:18-cv-00381
Page | 1

ATTORNEY WEST SEATTLE, P.S.
5400 California Ave. SW, Ste. E
Seattle, WA 98136
[phone]

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STIPULATION

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Defendant/Counterclaim Plaintiff Hyperion Entertainment CVBA (“Defendant”),

3 together with Plaintiffs/Counter-Defendants Cloanto Corporation, Amiga, Inc., Amino
4 Development Corporation, and Itec, LLC (“Plaintiffs”) (collectively, the “Parties”), pursuant to
5 LCR 7(d)(1) and LCR 10(g), jointly move the Court for an order extending, by approximately
6 three months, the dates in the Court’s Order of July 21, 2020 (Dkt. No. 94). The Parties submit
7 there is good cause to modify the current case schedule, for the reasons set forth below.
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The Parties have resumed substantial and earnest settlement discussions to resolve all of

9 the matters between them, including those at issue in this consolidated proceeding. However, the
10 Parties’ principals reside in Belgium and northern Italy, which the COVID-19 crisis has hit
11 particularly hard. The additional time the Parties request will enable them to focus exclusively
12 on trying to settle this dispute without further assistance from this Court. Accordingly, the
13 Parties respectfully request that the Court extend the remaining deadlines as follows:
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Deadline/Event

Current

Proposed

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All dispositive motions must be filed by and
Noted on the motion calendar no later than
the THIRD Friday thereafter

11/05/2020

02/05/2021

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

12/17/2020

03/17/2021

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

01/07/2021

04/07/2021

Agreed pretrial order due

01/22/2021

04/22/2021

01/29/2021

04/29/2021

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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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Stipulated Motion to Continue Trial Date
Case No. 2:18-cv-00381
Page | 2

ATTORNEY WEST SEATTLE, P.S.
5400 California Ave. SW, Ste. E
Seattle, WA 98136
[phone]

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

2 complexity of the issues for settlement, coupled by the COVID-19 crisis, the Parties believe that
3 a three-month extension is necessary to afford them the opportunity to settle all issues that may
4 arise in the future.
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Respectfully submitted this Wednesday, October 7, 2020.

6 By /s/ Gordon E. R. Troy
Gordon E. R. Troy
7 Pro Hac Vice
Gordon E. R. Troy, PC
8 5203 Shelburne Road
Shelburne, VT 05482
9 Tel. [phone]
[e-mail]
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By /s/ Eric J. Harrison
Eric J. Harrison
5400 California Avenue SW, Suite E
Seattle, WA 98136
Tel. [phone]
[e-mail]
Attorney for Hyperion Entertainment CVBA

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

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SO ORDERED, the new Trial Date is 5/03/2021.

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DATED this 7th day of October, 2020.

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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Stipulated Motion to Continue Trial Date
Case No. 2:18-cv-00381
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ATTORNEY WEST SEATTLE, P.S.
5400 California Ave. SW, Ste. E
Seattle, WA 98136
[phone]

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CERTIFICATE OF SERVICE

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I hereby certify that on the Wednesday, October 7, 2020, I electronically filed the

4 foregoing with the Clerk of the Court using the CM/ECF system which will send notification of
5 such filing to the following:
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Gordon E. R. Troy, [e-mail]

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By /s/ Eric J. Harrison
Eric J. Harrison
Attorney West Seattle, P.S.
5400 California Ave. SW, Ste. E
Seattle, WA 98136
Phone: [phone]

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Stipulated Motion to Continue Trial Date
Case No. 2:18-cv-00381
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ATTORNEY WEST SEATTLE, P.S.
5400 California Ave. SW, Ste. E
Seattle, WA 98136
[phone]