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Microsoft Corp. v. Software King

United States District Court, W.D. Washington, Seattle

March 20, 2018

MICROSOFT CORPORATION, a Washington corporation, Plaintiff,
v.
THE SOFTWARE KING, an unknown business entity, BIZIGNITION TECHNOLOGIES, INC., a Canadian corporation, ROGER HARDY, an individual, WINSTON CABELL, an individual, and NICHOLAS BOZIKIS, an individual, Defendants.

          John D. Denkenberger, WSBA No. 25, 907 James W. Anable, WSBA No. 7, 169 Brian F. McMahon, WSBA No. 45, 739 CHRISTENSEN O'CONNOR JOHNSON KINDNESSPLLC Attorneys for Defendants BizIgnition Technologies, Inc., Roger Hardy, and Nicholas Bozikis

          Bonnie E. MacNaughton, WSBA No. 36110 Jaime Drozd Allen, WSBA No. 35742 James Harlan Corning, WSBA No. 45177 DAVIS WRIGHT TREMAIN LLP Attorneys for Plaintiff Microsoft Corporation

          Roger M. Townsend, WSBA No. 25525 Cynthia J. Heidelberg, WSBA No. 44121 BRESKIN JOHNSON & TOWNSEND, PLLC Attorneys for Defendant Winston Cabell

          STIPULATED MOTION AND ORDER TO EXTEND TRIAL AND RELATED DATES

          RICARDO S. MARTINEZ CHIEF UNITED STATES DISTRICT JUDGE

         Defendants BizIgnition Technologies, Inc., Roger Hardy, and Nicholas Bozikis (collectively, the "BizIgnition Defendants"), Defendant Winston Cabell ("Cabell"), and Plaintiff Microsoft Corporation ("Microsoft") (collectively, the "Parties") jointly and respectfully request that the Court extend the Trial Date and all related dates except the mediation deadline by four months.

         The Order Setting Trial Date and Related Dates (Dkt. No. 23) was entered on July 6, 2017. The BizIgnition Defendants moved to substitute counsel on September 25, 2017. Dkt. No. 28. The Court granted that motion on the following day. Dkt. No. 29. The Parties request this extension so replacement counsel can continue its familiarization with the facts and circumstances of the case, including the ongoing discovery efforts by the Parties. Further, the Parties request this extension to facilitate their continuing good faith efforts toward settlement of this dispute, including continuing efforts to coordinate a mediation date at the end of April or early May 2018. Thus, for the foregoing reasons, the Parties request that the trial date of October 15, 2018, be extended by a period of four months (according to the Court's availability) and all related dates except the mediation deadline be continued accordingly, with the proposed dates as follows:

Deadlines

Current Scheduled Dates

Proposed New Dates

JURY TRIAL DATE

October 15, 2018

February 11, 2019

Disclosure of expert testimony under FRCP 26(a)(2)

March 16, 2018

July 13, 2018

Discovery motions filing deadline

April 18, 2018

August 17, 2018

Discovery completed by

May 18, 2018

September 14, 2018

Dispositive motions filing deadline

June 15, 2018

October 12, 2018

Motions in limine filing deadline

September 17, 2018

January 17, 2019

Agreed pretrial order due

October 3, 2018

January 30, 2019

Trial Briefs, proposed voir dire questions, and jury instructions due

October 10, 2018

February 6, 2019

         ORDER

         Based on the foregoing Stipulated Motion, the Court orders that the Stipulated Motion and Order Requesting an extension of the Trial Date and related dates is granted. The trial date of October 15, 2018, is extended by a period of four months (according to the Court's availability) and all related dates except the mediation deadline are continued accordingly, with the (proposed) dates as follows:

Deadlines

New Dates

JURY TRIAL DATE

February 11, 2019

Disclosure of expert testimony under FRCP 26(a)(2)

July 13, 2018

Discovery motions filing deadline

August 17, 2018

Discovery completed by

September 14, 2018

Dispositive motions filing deadline

October 12, 2018

Motions in limine filing deadline

January 17, 2019

Agreed pretrial order due

January 30, 2019

Trial Briefs, proposed voir dire questions, and jury instructions due

February 6, 2019


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