Papa Murphy's International Inc et al

Filing 47

ORDER to Consolidate 46 by Stipulation. Case No. C09-5243RBL is now consolidated into this matter, C09-5043RBL, and all pleadings and documents will be filed in this matter. Signed by Judge Ronald B. Leighton. (DN)

THE HONORABLE RONALD B. LEIGHTON

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA PAPA MURPHY'S INTERNATIONAL, INC., a Delaware corporation; et al., Plaintiffs, v. PARTECH, INC., a New York corporation, Defendant. PARTECH, INC., a New York corporation, Plaintiff, v. PAPA MURPHY'S INTERNATIONAL, INC., Defendant. STIPULATION TO CONSOLIDATE CASES PAPA MURPHY'S INTERNATIONAL, INC. and PARTECH, INC., pursuant to Rule 42(a) of the Federal Rules of Civil Procedure, hereby request this Court to consolidate the abovereferenced two actions filed in the United States District Court for the Western District of Washington at Tacoma. In support of this Stipulation, the parties state as follows: CERTIFICATE OF SERVICE PAGE 1 (09-CV-05043-RBL)(09-CV-05243 (RBL)
59718-0005/LEGAL16133616.1

No. 3:09-CV-05043-RBL STIPULATION AND ORDER TO CONSOLIDATE CASES

No. 3:09-CV-05243 (RBL)

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1.

On January 8, 2009, ParTech, Inc. filed an action in the USDC Northern District

of New York, Case. No. 6:09-CV-28, against Papa Murphy's International, Inc. On April 23, 2009, the Honorable David N. Hurd ordered the case transferred from the USDC Northern District of New York to the USDC Western District of Washington at Tacoma. 2. Receipt of the docket for this action was received by this Court on April 27, 2009,

and this case was assigned to the Honorable Ronald B. Leighton as Case No. 09-CV-05243. 3. On January 27, 2009, Papa Murphy's International, Inc., along with a substantial

number of its franchisees, filed an action in this Court, Case No. 09-CV-05043, against ParTech, Inc. This case is also assigned to the Honorable Ronald B. Leighton. 4. Both of these cases involve overlapping legal and factual questions. Each of the

actions includes parties ParTech, Inc. and Papa Murphy's International, Inc. Both cases are assigned to Judge Ronald B. Leighton. Given the common parties, facts, claims, and legal issues, consolidation of these two actions is warranted. See, e.g., Fed. R. Civ. P. 42(a) ("[w]hen actions involving a common question of law or fact are pending before the court, . . . it may order all the actions consolidated; and it may make such orders concerning proceedings therein as may ten to avoid unnecessary costs or delay."). Accordingly, the parties to these actions respectfully request this Court to enter an order consolidating Case Nos. 3:09-CV-05043-RBL and 3:09-CV-05243 (RBL) ) for all purposes, including discovery and trial. Dated: May 11, 2009 s/Sarah J. Crooks Sarah J. Crooks, WSBA No. 35997 Perkins Coie LLP 1120 NW Couch Street, 10th Floor Portland, OR 97209-4128 Telephone: [phone] Facsimile: 503.727.2222 Attorneys for Papa Murphy's International, Inc., et al. s/Kerry J. Shepherd Kerry J. Shepherd, WSBA No. 19070 Markowitz, Herbold, Glade & Mehlhaf, 3000 Pacwest Center 1211 SW Fifth Avenue Portland, OR 97204-3730 Telephone: [phone] Facsimile: 503.323-9105 Attorneys for ParTech, Inc.

[PROPOSED] ORDER Based upon the foregoing Stipulation, IT IS HEREBY ORDERED that Case Nos. 3:09-CV-05043-RBL and 3:09-CV-05243 (RBL) are herewith consolidated. DATED this 12th day of May, 2009.

A
Presented by: PERKINS COIE LLP /s/ Sarah J. Crooks Sarah J. Crooks, WSBA No. 35997 [e-mail] 1120 NW Couch Street, 10th Floor Portland, OR 97209-4128 Telephone: [phone] Facsimile: 503-727-2222 Attorneys for Papa Murphy's International, Inc., et al.

RONALD B. LEIGHTON UNITED STATES DISTRICT JUDGE