Domain Name Commission Limited v. DomainTools, LLC

Filing 62

ORDER re Parties' 61 Stipulation for Briefing Schedule and Stay: DomainTools' Motion to Dismiss is due on 9/3/2019, DNCL's response to DomainTools' Motion to Dismiss is due on 10/1/2019, and DomainTools' reply in support of its Motion to Dismiss is due on 10/22/2019. All discovery is stayed pending resolution of the motion to dismiss. Within 14 days of resolution of the motion to dismiss, the parties shall file a joint report with a scheduling proposal. by Judge Robert S. Lasnik. (MW)

1

THE HONORABLE ROBERT S. LASNIK

2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

WESTERN DISTRICT OF WASHINGTON

10

AT SEATTLE

11

DOMAIN NAME COMMISSION LIMITED,

12
13
14
15

Plaintiff,
v.
DOMAINTOOLS, LLC,

Case No. 2:18-CV-874
STIPULATION AND ORDER FOR
BRIEFING SCHEDULE AND STAY

Defendant.

16
17
18
19
20
21
22
23
24
25
26
27
28
STIPULATION AND ORDER FOR BRIEFING
SCHEDULE AND STAY: Case No. 2:18-CV-874

ORRICK, HERRINGTON & SUTCLIFFE LLP
701 Fifth Avenue, Suite 5600
Seattle, Washington 98104-7097
[phone]

1

STIPULATION

2

Plaintiff Domain Name Commission Limited (DNCL) and Defendant DomainTools,

3

LLC (DomainTools), by and through their undersigned counsel, hereby stipulate to the below

4

briefing schedule pertaining to DomainTools’ forthcoming motion to dismiss as well as a stay

5

of discovery pending briefing and resolution of DomainTools’ motion to dismiss. In support

6

of this stipulation, the parties state as follows:

7
8

1.

request for a preliminary injunction. Dkt. No. 43.

9
10

2.

On September 26, 2018, DomainTools filed a motion to dismiss Plaintiff’s

complaint, with a noting date of October 19, 2018. Dkt. No. 46.

11
12

On September 12, 2018, the Court entered an order granting in part DNCL’s

3.

On October 17, 2018, DNCL filed an amended complaint that included

additional allegations in support of its three claims. Dkt. No. 54.

13

4.

On October 12, 2018, DomainTools filed a notice of appeal. Dkt. No. 52.

14

5.

On October 30, 2018, this Court stayed this matter in its entirety pending

15

resolution of DomainTools’ appeal. Dkt. No. 56.

16
17

6.

On July 17, 2019, the Ninth Circuit Court of Appeals affirmed this Court’s

preliminary injunction ruling and issued the mandate on August 8, 2019. Dkt Nos. 58, 59.

18

7.

DomainTools has indicated its intent to file a motion to dismiss DNCL’s claims

19

under the federal Computer Fraud and Abuse Act and the Washington Consumer Protection

20

Act.

21

8.

The parties hereby stipulate and agree to the following briefing schedule:

22

•

DomainTools’ Motion to Dismiss: Due September 3, 2019.

23

•

DNCL’s Response to DomainTools’ Motion to Dismiss: Due October 1,

24

2019.
•

25
26
27

9.

DomainTools’ Reply ISO Motion to Dismiss: Due October 22, 2019.

The parties further agree and stipulate to stay all discovery until fourteen (14)

days after this Court enters an order on DomainTools’ forthcoming motion to dismiss.

28
STIPULATION AND ORDER FOR BRIEFING
SCHEDULE AND STAY: Case No. 2:18-CV-874

-1-

ORRICK, HERRINGTON & SUTCLIFFE LLP
701 Fifth Avenue, Suite 5600
Seattle, Washington 98104-7097
[phone]

1

IT IS SO STIPULATED.

2

DATED this 15th day of August, 2019.

3
ORRICK, HERRINGTON & SUTCLIFFE LLP

4

By:

5
6
7
8
9
10
11

s/Aravind Swaminathan
s/Melanie D. Phillips
s/Jacob M. Heath
Aravind Swaminathan (State Bar No. 33883)
[e-mail]
Melanie D. Phillips (State Bar No. 48945)
[e-mail]
Orrick, Herrington & Sutcliffe, LLP
701 Fifth Avenue, Suite 5600
Seattle, WA 98104
Telephone: [phone]
Facsimile: 206-839-4301
Jacob M. Heath (admitted Pro Hac Vice)
[e-mail]
1000 Marsh Road
Menlo Park, CA 94025-1015
Telephone: [phone]
Facsimile: 650-614-7401

12
13
14

Attorneys for Defendant DomainTools, LLC

15
16

DAVIS WRIGHT TREMAINE LLP

17

By:

18
19
20
21
22

s/Stephen Rummage
s/James Corning
James Corning (State Bar No. 45117)
[e-mail]
Stephen M. Rummage, WSBA #11168
[e-mail]
1201 Third Avenue, Suite 2200
Seattle, Washington 98101-3045
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff Domain Name
Commission Limited

23
24
25
26
27
28
STIPULATION AND ORDER FOR BRIEFING
SCHEDULE AND STAY: Case No. 2:18-CV-874

-2-

ORRICK, HERRINGTON & SUTCLIFFE LLP
701 Fifth Avenue, Suite 5600
Seattle, Washington 98104-7097
[phone]

1
2
3
4
5
6

ORDER
IT IS HEREBY ORDERED that DomainTools’ Motion to Dismiss is due on
September 3, 2019, DNCL’s response to DomainTools’ Motion to Dismiss is due on October
1, 2019, and DomainTools’ reply in support of its Motion to Dismiss is due on October 22,
2019. All discovery is stayed pending resolution of the motion to dismiss. Within 14 days of

7

resolution of the motion to dismiss, the parties shall file a joint report with a scheduling

8

proposal.

9
10

Dated this 16th day of August, 2019.

11

A
Robert S. Lasnik

12
13

United States District Court Judge

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
STIPULATION AND ORDER FOR BRIEFING
SCHEDULE AND STAY: Case No. 2:18-CV-874

-3-

ORRICK, HERRINGTON & SUTCLIFFE LLP
701 Fifth Avenue, Suite 5600
Seattle, Washington 98104-7097
[phone]