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Cloanto Corporation. v. Hyperion Entertainment C.V.B.A.

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

June 18, 2019

CLOANTO CORPORATION, a Nevada corporation; AMIGA, INC., a Delaware corporation; ITEC, LLC, a New York limited liability company; AMINO DEVELOPMENT CORPORATION, a Washington corporation Plaintiffs,
v.
HYPERION ENTERTAINMENT C.V.B.A., Defendant. HYPERION ENTERTAINMENT C.V.B.A., Counterclaim Plaintiff,
v.
CLOANTO CORPORATION, a Nevada corporation; AMIGA, INC., a Delaware corporation; ITEC, LLC, a New York limited liability company; AMINO DEVELOPMENT CORPORATION, a Washington corporation Counter-Defendants.

          Gordon E. R. Troy Pro Hac Vice Gordon E. R. Troy, PC Michael G. Atkins, Intellectual Property, PLLC Attorneys for Cloanto Corporation, Amiga, Inc., Itec, LLC, and Amino Development Corporation

          Robert J. Carlson, Lee & Hayes, PC Attorneys for Hyperion Entertainment C.V.B.A.

          STIPULATED MOTION TO EXTEND TRIAL DATE AND RELATED DEADLINES

          RICARDO S. MARTINEZ CHIEF UNITED STATES DISTRICT JUDGE

         Plaintiffs/Counter-Defendants Cloanto Corporation, Amiga, Inc., Amino Development Corporation, and ITEC, LLC (“Plaintiffs”) together with Defendant/Counterclaim Plaintiff Hyperion Entertainment C.V.B.A. (“Defendant”) (collectively, the “Parties”)), pursuant to LCR 7(d)(1) and LCR 10(g), jointly move the Court for an order extending, by approximately four months, the dates in the Court's Order Setting Trial Date and Related Dates (Dkt. #32). Additional time is needed to complete discovery given the procedural posture of this consolidated action, the complex nature of the pending claims and counterclaims, the complexity and difficulty in working with international parties, a pending procedural action in the European Union involving Hyperion's corporate status, and the effect of the Court's recent decisions (Dkt. #s 68-69) on Defendant's Motion to Dismiss in Part Plaintiffs' Second Amended Complaint (Dkt. # 52) and Plaintiffs' Motion to Extend Deadlines in Scheduling Order to Permit Plaintiffs to File a Third Amended Complaint (Dkt. #s 56-57).

         On or around December 29, 2018, Plaintiffs filed a Second Amended Complaint to reorganize the Parties' positions to reflect Cloanto Corporation, Amiga, Inc., Itec, LLC, and Amino Development Corporation as Plaintiffs, and Hyperion Entertainment CVBA as Defendant. Dkt. #46. Thereafter, Defendant moved to dismiss three of Plaintiffs' claims on various grounds. Dkt. #52. On May 16, 2019, the Court granted in part and denied in part Defendant's Motion to Dismiss. Dkt. #69. Accordingly, on May 30, 2019, Defendant timely filed its Answer to Plaintiffs' Second Amended Complaint and Counterclaims. Dkt. # 70. Plaintiffs' reply to Defendant's counterclaims is due on June 20, 2019. See Fed. R. Civ. P. 12(a)(1)(B).

         The Court's Order Setting Trial Date and Related Dates (Dkt. #32) provides deadlines for the Parties to disclose expert testimony, file discovery motions, complete discovery, file dispositive motions, and complete other pretrial deadlines. However, given the effect of the Court's recent orders (Dkt. #s 68-69) and the resulting procedural posture of this consolidated action, the Parties respectfully request the Court reschedule certain remaining discovery and pretrial deadlines. Further, Hyperion is involved in a legal proceeding in the European Union that is expected to conclude toward the end of June 2019. The proceeding centers on whether Hyperion may continue as a legal entity in Belgium.

         The Parties jointly submit there is good cause to extend the deadlines recited below to allow the Parties to proceed with and complete discovery following Plaintiffs' reply to Defendant's counterclaims on June 20, 2019. The Parties have been and continue to engage in discovery in good faith. The Parties have exchanged documents and disclosures of witnesses. The Parties have also engaged in written fact discovery and anticipate scheduling depositions of certain Fed.R.Civ.P. 30(b)(6) and percipient witnesses during August 2019 in Seattle-dates that the Parties have been actively working towards for several months. The Parties also anticipate participating in a settlement conference in August, following those depositions.

         Currently, the discovery completion deadline is August 12, 2019. A short four-month extension of the remaining deadlines is necessary to complete these depositions and to allow the Parties to engage in any additional third party and fact discovery thereafter.

         On February 28, 2019, Plaintiffs sought to modify the Court's Order to permit Plaintiffs to file a third amended complaint. Dkt. #56. The Court denied Plaintiffs' Motion. Dkt. #65. The Parties' current request does not include a request for leave to add new parties, to amend claims, or to extend expert disclosures. Instead, the Parties jointly respectfully request the Court extend the following:

Deadline/Event

Current

Proposed

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

07/12/2019

11/08/2019

Discovery completed by

08/12/2019

12/10/2019

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

09/10/2019

01/08/2020

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

10/25/2019

02/21/2020

All motions in limine must be filed by and noted on the motion calendar no later than the THIRD Friday thereafter

11/12/2019

03/11/2020

Agreed pretrial order due

11/27/2019

03/26/2020

Pretrial conference to be scheduled by the Court

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

12/04/2019

04/02/2020

         The Parties' joint request is not sought for purposes of delay. Rather, because of the procedural posture of this consolidated action following the reorientation of the Parties' positions, the complex nature of the claims and counterclaims at issue, and this Court's recent decisions, the Parties believe a four-month extension is necessary to effectively complete remaining discovery and pretrial deadlines.

         As such, the Parties respectfully request the Court extend the remaining deadlines in the Court's Order Setting Trial Date and Related Deadlines.

         IT IS SO ORDERED. It is further ORDERED that this case be assigned a ...


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