Touchpoint Communications, LLC v. DentalFone, LLC

Filing 67

ORDER granting 66 Stipulated Motion re: ADR, Staying Discovery and Modifying Case Scheduling Deadlines - 7-day Jury Trial is set for 12/1/2016 at 09:00 AM in D Courtroom before Judge J Richard Creatura. Mediation completed by 7/16/2016, Motions due by 8/8/2016, Discovery completed by 9/6/2016, Dispositive motions due by 10/6/2016, Amended Pleadings due by 9/19/2016 - Discovery is stayed until mediation is completed - by Judge J Richard Creatura.(SH)

HONORABLE J. RICHARD CREATURA

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON AT TACOMA

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TOUCHPOINT COMMUNICATIONS, LLC,
an Oregon limited liability company, d/b/a
WEO MEDIA, LLC,

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Plaintiff,

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NO. 15-05240-JRC
STIPULATED MOTION AND ORDER RE
ADR, STAYING DISCOVERY AND
MODIFYING CASE SCHEDULING
DEADLINES

v.
DENTALFONE, LLC, a Florida limited
liability company,

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Defendant.

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I.

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INTRODUCTION

For the good cause described below, the parties jointly seek an order for mediation within

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30 days, for a stay of discovery pending completing of the mediation, and extension of certain

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case scheduling deadlines in this case.
II.

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STIPULATED MOTION

The parties bring this motion pursuant to Western District Local Civil Rule 16(c) and
LCR 16(b)(4). LCR 16(c) provides:
As the case proceeds, if counsel for any party concludes that an ADR procedure
would have a significant possibility of fostering an early and inexpensive
resolution of the case, that counsel shall so advise the court and all other counsel
in writing. Whenever possible, such reports shall be submitted jointly by counsel
for all parties.
STIPULATED MOTION AND ORDER RE ADR,
STAYING DISCOVERY AND MODIFYING CASE
SCHEDULING DEADLINES - 1
{03119427.DOCX;2 }

CAIRNCROSS & HEMPELMANN, P.S.
ATTORNEYS AT LAW
524 Second Avenue, Suite 500
Seattle, Washington 98104-2323
office 206 587 0700 fax [phone]

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In late March, the Court issued Orders allowing Dentalfone’s prior counsel to withdraw

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and allowing the Ana-Maria Popp and Gary C. Adler (appearing Pro Hac Vice) to substitute as

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counsel for Dentalfone.

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Thereafter, on April 25, 2016, the Court granted the parties’ stipulated motion to extend

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certain case deadlines, in part, in order to allow time for settlement discussions with new

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counsel. Dkts. at 61, 62. Trial in this matter is November 1, 2016.

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Since the entry of this order, the parties have engaged in both discovery and in settlement

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discussions. Those discussions have resulted in a considerable narrowing of the issues for trial

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and brought the parties close to a settlement. Although direct negotiations have not yet led to a

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settlement, the parties’ most-recent proposals were not far apart, and a mediation or settlement

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conference has a significant possibility of finally resolving this matter.

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Accordingly, the parties jointly request that the Court order mediation of this matter

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within 30 days. The parties also request stay of discovery until mediation is concluded, as well

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as a 30-day extension of the discovery cutoff (currently August 5) and related deadlines in order

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to conserve resources and allow the parties to focus in the short term on settlement efforts.

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Through this Stipulated Motion, the parties seek to modify the following case deadlines:
DEADLINE
Last Date to File Motions
Related to Discovery

CURRENT
July 6, 2016

PROPOSED
August 8, 2016

Discovery Cutoff

August 5, 2016

September 6, 2016

Last Date to Amend the
Pleadings

August 19, 2016

September 19, 2016

Last Date to File Dispositive
Motions

September 6, 2016

October 6, 2016

Last Date to Complete
Mediation

October 3, 2016

July 15, 2016

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STIPULATED MOTION AND ORDER RE ADR,
STAYING DISCOVERY AND MODIFYING CASE
SCHEDULING DEADLINES - 2
{03119427.DOCX;2 }

CAIRNCROSS & HEMPELMANN, P.S.
ATTORNEYS AT LAW
524 Second Avenue, Suite 500
Seattle, Washington 98104-2323
office 206 587 0700 fax [phone]

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Accordingly and pursuant to LCR 16(c) and LCR 16(b)(4), the parties respectfully

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request the court 1) order mediation in this case within 30 days; 2) grant a brief stay of discovery

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until after completion of mediation; and 3) grant a 30 day extension of the above deadlines to

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allow the parties to complete mediation.

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DATED this 9th day of June, 2016.

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CAIRNCROSS & HEMPELMANN, P.S.

CLARK HILL PLC

/s/ Ana-Maria Popp
Ana-Maria Popp, WSBA No. 39614
524 Second Avenue, Suite 500
Seattle, WA 98104-2323
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
Attorneys for Defendant
Dentalfone, LLC

/s/ Gary C. Adler
Gary C. Adler, (admitted pro hac vice)
601 Pennsylvania Avenue NW
North Building, Suite 1000
Washington DC 20004
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
Attorneys for Defendant
Dentalfone, LLC

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SLINDE NELSON STANFORD
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/s/ J. Curtis Edmondson, approval via email
J. Curtis Edmondson, WSBA No. 43795
Attorney for Plaintiff Touchpoint
Communications, LLC

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STIPULATED MOTION AND ORDER RE ADR,
STAYING DISCOVERY AND MODIFYING CASE
SCHEDULING DEADLINES - 3
{03119427.DOCX;2 }

CAIRNCROSS & HEMPELMANN, P.S.
ATTORNEYS AT LAW
524 Second Avenue, Suite 500
Seattle, Washington 98104-2323
office 206 587 0700 fax [phone]

ORDER

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Following a telephone conference with counsel and upon stipulation of the parties, and

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good cause appearing, the following deadlines are hereby modified to the dates shown below.

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The parties and the Court have agreed to extend the trial date by one month and trial is now set to

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begin on Thursday, December 1, 2016.

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DEADLINE
Last Date to File Motions
Related to Discovery

CURRENT
July 6, 2016

AMENDED
August 8, 2016

Discovery Cutoff

August 5, 2016

September 6, 2016

Last Date to Amend the
Pleadings

August 19, 2016

September 19, 2016

Last Date to File Dispositive
Motions

September 6, 2016

October 6, 2016

Last Date to Complete
Mediation

October 3, 2016

July 15, 2016

7-Day Jury Trial

November 1, 2016

December 1, 2016

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The Court further orders that the parties shall engage in mediation by no later than July
15, 2016. This matter is referred to the Honorable David W. Christel to conduct a judicial
settlement conference with the parties. Counsel for the parties shall schedule the settlement
conference directly with the U.S. Magistrate Judge. The Court further grants a stay of discovery
in this case until after completion of mediation.
DATED this 10th day of June, 2016.

A

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J. Richard Creatura
United States Magistrate Judge

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STIPULATED MOTION AND ORDER RE ADR,
STAYING DISCOVERY AND MODIFYING CASE
SCHEDULING DEADLINES - 4
{03119427.DOCX;2 }

CAIRNCROSS & HEMPELMANN, P.S.
ATTORNEYS AT LAW
524 Second Avenue, Suite 500
Seattle, Washington 98104-2323
office 206 587 0700 fax [phone]