United States District Court, W.D. Washington, Seattle
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,
HYPERION ENTERTAINMENT C.V.B.A., Defendant. HYPERION ENTERTAINMENT C.V.B.A., Counterclaim Plaintiff,
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.
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
J. Carlson, Lee & Hayes, PC Attorneys for Hyperion
STIPULATED MOTION TO EXTEND TRIAL DATE AND RELATED
RICARDO S. MARTINEZ CHIEF UNITED STATES DISTRICT JUDGE
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).
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).
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.
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.
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
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:
Disclosure for filing motions related to discovery.
Any such motions shall be noted for consideration
pursuant to LCR 7(d)(3)
Discovery completed by
All dispositive motions must be filed by and noted
on the motion calendar no later than the fourth
Friday thereafter (see LCR 7(d))
Mediation per LCR 39.1(c)(3), if requested, held no
All motions in limine must be filed by and noted on
the motion calendar no later than the THIRD Friday
Agreed pretrial order due
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
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
such, the Parties respectfully request the Court extend the
remaining deadlines in the Court's Order Setting Trial
Date and Related Deadlines.
SO ORDERED. It is further ORDERED that this case be assigned