United States District Court, W.D. Washington, Seattle
STIPULATION AND ORDER TO (1) EXTEND CASE DEADLINES
AND (2) ENLARGE PAGE LIMITS FOR TRADER JOE'S PRELIMINARY
INJUNCTION MOTION
Barbara Jacobs Rothstein U.S. District Court Judge
This
Joint Stipulation to (1) Extend Case Deadlines and (2)
Enlarge Page Limits for Trader Joe's Motion for
Preliminary Injunction between Plaintiff Trader Joe's
Company (“Trader Joe's” or
“Plaintiff”), on the one hand, and Defendant
Michael Norman Hallatt d/b/a Pirate Joe's a/k/a
Transilvania Trading (“Mr. Hallatt” or
“Defendant”), on the other hand, is made with
respect to the following facts and recitals:
WHEREAS,
on December 20, 2016, the Court entered a scheduling order
(Dkt. No. 58) in this action;
WHEREAS,
on May 9, 2017, on the parties' stipulated request, the
Court entered an order (Dkt. No. 74) extending the following
deadlines: (1) the deadline for the close of non- expert
discovery, solely to allow the parties to complete five
remaining depositions (Defendant Michael Hallatt; Trader
Joe's employees Nicole Kendall, Carla Hechler, and Matt
Sloan; and third party World Class Distribution, Inc.) from
May 17, 2017 to June 7, 2017; (2) the Initial Expert
Disclosure & Report Deadline from June 7, 2017 to June
21, 2017; and (3) the Rebuttal Expert Disclosure & Report
Deadline from June 28, 2017 to July 12, 2017;
WHEREAS,
Mr. Hallatt's deposition is currently scheduled to take
place on May 25 and 26, 2017, and the depositions of Ms.
Kendall, Ms. Hechler, Mr. Sloan, and World Class
Distribution, Inc. are currently scheduled to take place from
May 30 to June 1, 2017;
WHEREAS,
on May 12, 2017, counsel for Trader Joe's informed Nathan
Alexander of Dorsey & Whitney LLP, then counsel of record
for Mr. Hallatt, that, shortly after close of fact discovery,
Trader Joe's intended to move for a court order
preliminarily enjoining Mr. Hallatt from reselling Trader
Joe's food products at his current location (3744 West
10th Street) or at any other location, and asked whether Mr.
Hallatt would join a joint request to the Court to extend the
page limit for Trader Joe's motion and Mr. Hallatt's
opposition from 15 pages to 24 pages and the page limit for
Trader Joe's reply from 10 pages to 12 pages, in view of
the complexity of the issues likely to be raised in those
briefs;
WHEREAS,
during the parties' May 18, 2017 telephonic conference on
Trader Joe's anticipated preliminary injunction motion,
Mr. Alexander informed Trader Joe's counsel that he and
his firm would be withdrawing from representation of Mr.
Hallatt and that Mike Matesky of Matesky Law PLLC and Michael
G. Atkins of Atkins Intellectual Property, PLLC would be
representing Mr. Hallatt moving forward. In view of their
recent entrance into the case, Mr. Matesky and Mr. Atkins
requested Trader Joe's delay filing its preliminary
injunction motion by two weeks and that Trader Joe's join
in a stipulated request to extend certain deadlines;
WHEREAS,
on May 19, 2017, Mr. Matesky filed a notice of appearance on
behalf of Mr. Hallatt (Dkt. No. 77) and Mr. Alexander filed a
motion to withdraw as Mr. Hallatt's attorney (Dkt. No.
78);
WHEREAS,
the parties have agreed on a case schedule that provides Mr.
Matesky and Mr. Atkins with additional time to enter the
case, that does not prejudice Trader Joe's or its
anticipated preliminary injunction motion, and that minimizes
any inconvenience to the Court;
WHEREAS,
the parties have also agreed on extending the page limits
related to Trader Joe's anticipated preliminary
injunction motion, in view of the fact that said motion will
concern the quality control practices of both Trader
Joe's and Mr. Hallatt and will require both parties to
address Trader Joe's likelihood of success on the merits
of its claims, whether Trader Joe's will suffer
irreparable harm absent a preliminary injunction, whether the
balance of hardships favors a preliminary injunction, and
whether a preliminary injunction would serve the public
interest; and
WHEREAS,
in light of the above, the parties believe that good cause
exists for entry of the following stipulation; NOW THEREFORE,
by and through the undersigned counsel, the parties stipulate
and agree as follows, subject to the Court's approval:
1. Good
cause appearing, the case schedule be adjusted as follows:
Event
|
Current Date
|
New Date
|
Deposition of Mr. Hallatt (two days per Dkt. No. 55)
|
5/25/2017 and 5/26/2017
|
6/6/2017 for first day and no later than 8/7/2017 for
second day
|
Depositions of Sloan, Hechler, Kendall, and World
Class Distribution
|
By 6/7/2017
|
6/14/2017 to 6/16/2017; completed no later than
8/7/2017
|
Initial expert disclosure & report deadline
|
6/21/2017
|
8/18/2017
|
Rebuttal expert disclosure & report deadline
|
7/12/2017
|
9/8/2017
|
Close of expert discovery including noticing deadline
for discovery motions)
|
8/4/2017
|
10/3/2017
|
Filing deadline for dispositive motions &
Dauberts
|
8/17/2017
|
10/12/2017
|
Deadline for opposition briefing
|
9/7/2017
|
11/2/2017
|
Deadline for reply briefing
|
9/28/2017
|
11/16/2017
|
Filing deadline for MILs
|
10/4/2017
|
11/30/2017
|
Filing deadline for oppositions to MILs
|
10/11/2017
|
12/7/2017
|
2. As
previously agreed, Mr. Hallatt's deposition will take
place at the noticed location (Yarmuth Wilsdon's Seattle
office) and the depositions of Trader Joe's witnesses and
World Class Distribution's witness will take place at the
agreed-upon locations (Trader Joe's Monrovia headquarters
for Ms. Kendall and Trader Joe's ...