California Expanded Metal Products Company et al v. James Klein et al
Filing
252
REPORT and Recommendation Re: Plaintiffs' Motion to File Over-Length Briefs Pursuant to LCR 7(F) and Stipulated Motion to Bifurcate Damages by Special Master Mark Walters. Noted by Clerk for 9/7/2021 (Yanick, Miles). Modified to turn into R&R and noted for same-day, per chambers on 9/8/2021 (LH).
Case 2:18-cv-00659-JLR Document 252 Filed 09/07/21 Page 1 of 4
THE HONORABLE JAMES L. ROBART
SPECIAL MASTER MARK P. WALTERS
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
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CALIFORNIA EXPANDED METAL
PRODUCTS COMPANY, a California
corporation; and CLARKWESTERN
DIETRICH BUILDING SYSTEMS LLC, dba
CLARKDIETRICH BUILDING SYSTEMS,
an Ohio limited liability company,
v.
Plaintiffs,
JAMES A. KLEIN, an individual;
BLAZEFRAME INDUSTRIES, LTD., a
Washington company; and SAFTI-SEAL,
INC., a Washington company,
Defendants.
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Case No. 18-cv-00659-JLR
REPORT AND
RECOMMENDATION RE:
PLAINTIFFS’ MOTION TO FILE
OVER-LENGTH BRIEFS
PURSUANT TO LCR 7(F) AND
STIPULATED MOTION TO
BIFURCATE DAMAGES
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This matter comes before the Special Master on the following:
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(1) Plaintiffs California Expanded Metal Products Company (“CEMCO”) and
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Clarkwestern Dietrich Building Systems LLC’s, d.b.a. ClarkDietrich Building Systems’
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(“ClarkDietrich”) (collectively “Plaintiffs”) Motion to File Over-Length Briefs Pursuant to
LCR 7(f) Re: Plaintiffs’ Motion for Contempt, and
(2) a stipulated motion to bifurcate issues related to damages that may be awarded
should the Court find any party in contempt.
The Special Master, having considered the the Motion to File Overlength Brief, and
Report And Recommendation - 1
CASE NO. 18-cv-00659
Case 2:18-cv-00659-JLR Document 252 Filed 09/07/21 Page 2 of 4
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pursuant to LCR 7(f), recommends that the Court grant the motion as follows.
Brief
Plaintiffs’ Opening Brief
Defendants and Third Party’s
Opposition Brief
Plaintiffs’ Reply Brief
Page Limit
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The Special Master, having considered the stipulated motion to bifurcate issues
related to damages, recommends as follows.
“[D]istrict courts, in their discretion, may bifurcate willfulness and damages issues
from liability issues in any given case,” and they have “the authority to try these issues
together or separately just as they have the authority to try all issues together at the liability
stage.” Robert Bosch, LLC v. Pylon Mfg. Corp., 719 F.3d 1305, 1319 (Fed. Cir. 2013).
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During the hearing held on June 25, 2021, for arguments on Plaintiffs’ motion to add non-
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parties to these contempt proceedings, the parties discussed the status of discovery related
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to damages, should non-parties be added to the contempt proceedings. (Hearing Transcript
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at 63:1-63:21.) During that hearing, it was mentioned that some discovery on the issue had
been provided, but that because non-parties were not a part of the contempt proceedings at
that time, that damages discovery from them had not been fully explored.
The parties and S4S, who has now been added to these contempt proceedings,
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submitted a stipulation to the Special Master on September 3, 2021, agreeing that “[t]he
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contempt motion [currently due September 8, 2021, Dkt. #238] will not address any claim
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of damages as supplementation of discovery related to damages will be required” and that
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“in the event that the Court finds contempt and permits damages, the Parties jointly request
a schedule setting forth the deadlines for supplementation of written discovery on damages,
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Plaintiffs’ motion for damages, Defendants’ opposition, and Plaintiffs’ reply thereto.”
In view of the discretion provided to district courts by the Federal Circuit to hear
issues related to damages separately from liability issues, Robert Bosch, 719 F.3d at 1319,
which the Special Master believes to be coextensive with the discretion to hear those issues
separately in contempt proceedings, and given the statements by the parties to these
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contempt proceedings relating to status of discovery as of June 25, 2021 (i.e., that open
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issues remained relating to damages discovery from non-parties, including S4S), and the
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stipulation submitted on September 3, 2021, the Special Master recommends that the Court
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grant the stipulated motion to bifurcate damages from liability during these contempt
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proceedings.
It is recommended further that, should contempt be found, the parties to these
contempt proceedings shall be ordered to meet and confer within seven (7) days of any such
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order and submit a joint status report setting forth the discovery sought on damages and a
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proposed schedule within (14) days of any such order. If agreement on the proposed
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schedule or discovery sought cannot be reached, the parties must clearly set forth any areas
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of disagreement in the joint-report.
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Dated this 7TH day of September, 2021
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____________________________
Mark P. Walters
Special Master
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CERTIFICATE OF SERVICE
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I certify that on August 7, 2021, a copy of this pleading was filed electronically with the
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Clerk of the Court using the CM/ECF system. Notice of this filing will be sent to all
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counsel of record via email.
/s/Rischel Voigt
Rischel Voigt, Paralegal
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Report And Recommendation - 4
CASE NO. 18-cv-00659
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