Initiative Merchant Solutions LLC v. Posabit US Inc

Filing 52

ORDER granting Parties' 51 Stipulated MOTION Vacating Trial Date and Related Deadlines. The Court STRIKES the trial date and other upcoming deadlines. The Parties are ORDERED to contact Courtroom Deputy Diyana Staples at [e-mail] to reschedule the trial date. Signed by District Judge Kymberly K. Evanson. (SB)

The Honorable Kymberly K. Evanson

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

9 INITIATIVE MERCHANT SOLUTIONS, LLC,
a California limited liability company,
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Plaintiff,
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v.
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POSaBIT US, INC., f/k/a POSaBIT, INC., a
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Defendant.

No. C22-01724-KKE
STIPULATED MOTION AND
ORDER VACATING TRIAL
DATE AND RELATED
DEADLINES
NOTED FOR CONSIDERATION:
May 30, 2024

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STIPULATION
Pursuant to LCR 10(g), the parties to the above-captioned matter hereby jointly stipulate
and respectfully request that the Court reset the trial date and related pre-trial deadlines. Since the
May 1, 2024 hearing on Plaintiffs’ Motion to Amend the Complaint and Reopen Discovery, the
parties have engaged in good faith negotiations to adjust the trial date and pre-trial schedule as
directed by the Court. See Dkt. 46. While negotiating the dates for the adjusted pre-trial schedule,
the Parties agreed to a further continuance of the trial date for two reasons.
First, over the course of negotiating the adjusted pre-trial schedule, it became apparent that
the current August 12 trial date and pre-trial schedule was not feasible for Defendant due to
scheduling conflicts with a state court case set for trial starting June 24 and running through midJuly due to the state court’s scheduling conflicts and lead counsel’s pre-scheduled vacation out of
STIPULATED MOTION AND ORDER VACATING
TRIAL DATE AND RELATED DEADLINES (C22-01724-KKE) – 1

Davis Wright Tremaine LLP

L AW O FFICE S
920 Fifth Avenue, Suite 3300
Seattle, WA 98104-1610
206.622.3150 main · 206.757.7700 fax

1 country at the end of July. Because the length of Counsel’s other trial, the Parties were unable to
2 agree to a reasonable pre-trial schedule amendable to both Parties that did not considerably overlap
3 with the other trial dates. Accordingly, a further continuance is necessary to avoid this scheduling
4 conflict and provide the Parties with sufficient time to prepare for trial and comply with all of pre5 trial deadlines.
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Second, the parties have agreed to a mediation in attempt to settle the case and avoid trial

7 all together. The parties agree to further continue the trial date and all related pre-trial deadlines.
8 The parties are in the process of agreeing to a mediator and intend to mediate in July or August.
9 Given previous productive settlement discussions, the Parties are hopeful that they can resolve this
10 case at mediation. A further continuance of the trial date and pre-trial schedule are necessary to
11 provide the parties with sufficient time to prepare for a successful mediation and avoid expending
12 resources preparing for a trial that may ultimately be unnecessary to resolve the case.
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In light of these two developments, the parties request the Court vacate the current trial

14 date and related deadlines and provide available trial dates in October and November 2024.
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Dated: May 30, 2024

Dated: May 30, 2024

Respectfully submitted,

Respectfully submitted,

CAMPBELL & BISSELL, PLLC

DAVIS WRIGHT TREMAINE LLP

19 By: s/ William Gieri
William Gieri, WSBA #52761
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820 w 7th Avenue,
Spokane, WA 99204
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Tel: [phone]
E-mail: [e-mail]
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Attorneys for Plaintiff
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By: s/ Zana Bugaighis
Zana Bugaighis, WSBA #43614
920 Fifth Avenue, Suite 3300
Seattle, WA 98104-1610
Tel: [phone]
Email: [e-mail]

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Attorneys for Defendants

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STIPULATED MOTION AND ORDER VACATING
TRIAL DATE AND RELATED DEADLINES (C22-01724-KKE) – 2

Davis Wright Tremaine LLP

L AW O FFICE S
920 Fifth Avenue, Suite 3300
Seattle, WA 98104-1610
206.622.3150 main · 206.757.7700 fax

ORDER

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Pursuant to the stipulation, and finding good cause, the Court STRIKES the trial date and

3 other upcoming deadlines. The Parties are ORDERED to contact Courtroom Deputy Diyana
4 Staples at [e-mail] to reschedule the trial date.
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Dated this 4th day of June, 2024.

A
Kymberly K. Evanson
United States District Judge

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STIPULATED MOTION AND ORDER VACATING
TRIAL DATE AND RELATED DEADLINES (C22-01724-KKE) – 3

Davis Wright Tremaine LLP

L AW O FFICE S
920 Fifth Avenue, Suite 3300
Seattle, WA 98104-1610
206.622.3150 main · 206.757.7700 fax