Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Daimler AG v. Amazon.Com, Inc.

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

May 13, 2019

DAIMLER AG, Plaintiff,
v.
AMAZON.COM, INC., Defendant.

          Larry E. Altenbrun Larry E. Altenbrun, WSBA No. 31475, Nicoll Black & Feig THE MARBURY LAW GROUP, PLLC, Shauna M. Wertheim Timothy W. Johnson Joanna L. Cohn Counsel Attorneys for Plaintiff Daimler AG

          Grant E. Kinsel Grant E. Kinsel (WSBA 49576) PERKINS COIE LLP Attorneys for Defendant Amazon.com, Inc.

          STIPULATED MOTION AND ORDER TO AMEND SCHEDULING ORDER

          RICARDO S. MARTINEZ, CHIEF UNITED STATES DISTRICT JUDGE

         Pursuant to LCR 10(g), Plaintiff Daimler AG (“Daimler”) and Defendant Amazon.com, Inc. (“Amazon”) respectfully stipulate and jointly move the Court to amend the Order Setting Trial Date and Related Deadlines (ECF No. 43) (“Amended Scheduling Order”) by extending the trial date and modifying the preceding dates, as noted below. This is the parties' fourth request for an extension of the trial dates and related deadlines.

         The parties respectfully submit that good cause exists for the proposed amendments to the schedule. Daimler and Amazon have continued to negotiate the final terms of a settlement agreement that encompasses this proceeding, as well as a trademark infringement action between the parties in the Central District of California (No. 2:17-cv-07674), and are closer to resolution of all outstanding terms. Accordingly, the parties anticipate finalizing their settlement and filing appropriate dismissal paperwork within the requested extension time of 90 days. In light of the further progress made towards settlement, the parties believe that a 90-day extension of all deadlines would allow them to finalize the settlement and dismiss this case, or if the settlement is not finalized, finish preparing their respective cases for trial. Such an extension would allow the parties to avoid the unnecessary expenditure of time and resources and focus on resolving this matter without the need to burden the Court further.

         Daimler and Amazon, after conferring, agree that given the scope and status of the case and the favorable posture of settlement negotiations, a 90-day extension of the trial date, and all discovery dates, as well as modification to the case schedule is warranted.

         A proposed amended case schedule is set forth below.

JURY TRIAL DATE

February 17, 2020 or later at convenience

Deadline for disclosure of expert witness testimony under FRCP 26(a)(2)

August 19, 2019

Deadline for filing motions related to discovery. Any such motions shall be noted for consideration pursuant to LCR 7(d)(3)

September 17, 2019

Discovery completed by

October 21, 2019

All dispositive motions must be filed by and noted on the motion calendar no later than the fourth Friday thereafter (see LCR 7(d))

November 14, 2019

Mediation per LCR 39.1(c)(3) held no later than

January 2, 2020

All motions in limine must be filed by and noted on the motion calendar for the third Friday thereafter pursuant to LCR 7(d)

January 16, 2020

Agreed pretrial order due Pretrial conference to be scheduled by the Court.

February 3, 2020

Trial briefs, proposed voir dire questions, jury instructions, neutral statement of the case, and trial exhibits due

February 10, 2020

         ORDER

         For good cause shown, IT IS SO ORDERED, with the exception that February 17, 2020, is a holiday and the trial date is ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.