ORDER COMPELLING ARBITRATION MARSHA J. PECHMAN, Chief Judge. This matter comes before the Court on Defendant Amazon Service LLC's motion to compel arbitration. (Dkt. No. 17.) Having reviewed the motion, Plaintiffs' response (Dkt. No. 27), Defendant's reply (Dkt. No. 32), and all related papers, and having heard oral argument on October 24, 2013, the Court GRANTS the motion, finding Plaintiffs agreed to arbitrate their dispute with Amazon. The Court therefore orders the matter to arbitration...
STIPULATION AND PROPOSED ORDER TO EXTEND CASE DEADLINES ROBERT S. LASNIK, District Judge. STIPULATION Come now the parties hereto, by and through their undersigned counsel of record, and stipulate to an extension of the deadlines for the settlement conference and for all dispositive motions, as set forth in the Amended Order Setting Trial Date & Related Dates (DKT #34). In view of the parties' ongoing informal settlement discussions, the parties stipulate and ask that the current...
STIPULATED PROTECTIVE ORDER RICHARD A. JONES, District Judge. 1. PURPOSES AND LIMITATIONS Discovery in this action is likely to involve production of confidential, proprietary, or private information for which special protection may be warranted. Accordingly, the parties hereby stipulate to and petition the court to enter the following Stipulated Protective Order. The parties acknowledge that this agreement is consistent with LCR 26(c). It does not confer blanket protection on all...
ORDER ADOPTING REPORT AND RECOMMENDATION RONALD B. LEIGHTON, District Judge. The Court, having reviewed the Report and Recommendation of Judge J. Richard Creatura, United States Magistrate Judge, and the relevant record, does hereby find and ORDER: (1) The Court adopts the Report and Recommendation. (2) The matter is REVERSED and REMANDED pursuant to sentence four of 42 U.S.C. 405(g) to the Commissioner for further consideration. (3) JUDGMENT is for plaintiff and the case should be...
ORDER RICHARD A. JONES, District Judge. I. INTRODUCTION This matter comes before the court on a motion for summary judgment for noninfringement by defendant Microsoft Corporation ("Microsoft"). Dkt. 188. Microsoft argues that the accused products do not contain "audio identifiers" or "link data" as construed by the court. Microsoft also argues that the accused products do not perform the "selectively disabling" step or store an audio message received from a speech recognition engine, as...
ORDER ON MOTIONS MARSHA J. PECHMAN, District Judge. The Court, having received and reviewed: 1. Defendants' Motion for Partial Summary Judgment (Dkt. No. 60), Plaintiffs' Response (Dkt. No. 72), Defendants' Reply (Dkt. No. 73), and Plaintiffs' Motion to Strike (Dkt. No. 75); 2. Plaintiffs' Motion to Supplement Record/Delay Ruling (Dkt. No. 80), Defendants' Response (Dkt. No. 83), Plaintiffs' Reply (Dkt. No. 86), and Defendants' Surreply (Dkt. No. 89); 3. Plaintiffs' Motion to Certify Local...
ORDER GRANTING STIPULATION FOR PROTECTIVE ORDER LONNY R. SUKO, Senior District Judge. ORDER The Court, pursuant to stipulation, hereby orders the parties to abide by the terms and conditions of this Protective Order.
Stipulated Motion to extend expert report Deadline ROBERT S. LASNIK, District Judge. Parties have directed efforts at settlement and exchanged offers of settlement over the last several months. Parties believe that extending the expert report deadline will increase the chances of settlement as the costs of an expert may push the parties further apart. The expert report is presently due on December 4, 2013. Parties request it be extended 30 days to January 15, 2014. ORDER The deadline to...
STIPULATED MOTION AND ORDER ROBERT S. LASNIK, District Judge. Plaintiffs Willetha Allison, Aleshia Anderson, Rashaad Daniels, Lamount Evans, Shawn Mayer, Kion McLemore, Raymond McNalley, Frances Vasque, Shakura Felder, and William Wimberley ("Plaintiffs") and Defendants Amazon.com, Inc. ("Amazon"), AF Operations LLC ("AF"), and SMX, LLC ("SMX," and, collectively with Plaintiffs, Amazon, and AF, "the Parties"), by and through their respective counsel of record, after having met and conferred...
ORDER GRANTING MOTION TO DISMISS MARSHA J. PECHMAN, Chief Judge. This matter comes before the Court on Defendant Michael Norman Hallatt d/b/a Pirate Joe's a/k/a Transilvania Trading Company (collectively, "Pirate Joe's")'s motion to dismiss for lack of subject matter jurisdiction pursuant to Fed.R.Civ.P. 12(b)(1). (Dkt. No. 25.) The Court considered the motion, Plaintiff Trader Joe's response, Pirate Joe's reply, and all related documents. The motion to dismiss is GRANTED. The Court notes...
STIPULATION AND ORDER TO FILE AN EXHIBIT UNDER SEAL KAREN L. STROMBOM, Magistrate Judge. STIPULATION The parties, through counsel of record, agree as follows: 1. The parties have previously agreed to a Protective Order, Dkt. #21, with respect to filing UNDER SEAL documents that Defendant State of Washington believes to be confidential under (a) the law enforcement and (b) Department of Corrections — Security Threat Group exemptions of the Public Records Act, RCW 42.56.240 (1) and (10), and...
[PROPOSED] PROTECTIVE ORDER EDWARD F. SHEA, District Judge. This Protective Order (hereinafter "Order") is entered pursuant to Fed R. Civ. Proc. 26(c). The parties have stipulated and agreed, and the Court recognizes, that the parties and non-party witnesses to this action may possess private, trade secret, and/or proprietary information, which is confidential or of competitive commercial value and may be subject to discovery in this action, but which should not be made available to...
AND MAJDA STIPULATION AND ORDER TEMPORARILY RESTRAINING TRUSTEE'S SALE RICHARD A. JONES, District Judge. Plaintiffs Samir and Majda Aboulhosn and Defendants Wells Fargo Home Mortgage, Federal National Mortgage Corporation and Northwest Trustee Services stipulated and agree as follows: 1. The trustee's sale currently scheduled for December 9, 2013 of the real property located at 15610 93 rd Court NE, Bothell, WA 98011 ("Property") will not occur on December 9, 2013 and Northwest Trustee...
AGREEMENT REGARDING DISCOVERY OF ELECTRONICALLY STORED INFORMATION AND ORDER RICHARD A. JONES, District Judge. The parties hereby stipulate to the following provisions regarding the discovery of electronically stored information ("ESI") in this matter: A. General Principles 1. An attorney's zealous representation of a client is not compromised by conducting discovery in a cooperative manner. The failure of counsel or the parties to litigation to cooperate in facilitating and reasonably...
STIPULATED PROTECTIVE ORDER KAREN L. STROMBOM, Magistrate Judge. PURPOSES AND LIMITATIONS Discovery in this action is likely to involve production of confidential, prison security-related, or private information for which special protection may be warranted. Accordingly, the parties hereby stipulate to and petition the court to enter the following Stipulated Protective Order. The parties acknowledge that this agreement is consistent with LCR 26(c). It does not confer blanket protection on...
ORDER GRANTING IN PART DFENDANT'S MOTION FOR SUMMARY JUDGMENT ROBERT S. LASNIK, District Judge. This matter comes before the Court on "Defendant Knight Transportation, Inc.'s Motion for Partial Summary Judgment." Dkt. # 51. Summary judgment is appropriate when, viewing the facts in the light most favorable to the nonmoving party, there is no genuine dispute as to any material fact that would preclude the entry of judgment as a matter of law. L.A. Printex Indus., Inc. v. Aeropostale, Inc.,...
ORDER RICHARD A. JONES, District Judge. I. INTRODUCTION This matter comes before the court on a motion to dismiss and a motion for summary judgment from Defendants. No one requested oral argument, and the court finds oral argument unnecessary. For the reasons stated herein, the court GRANTS in part and DENIES in part Defendants' motion to dismiss (Dkt. #9) and GRANTS in part and DENIES in part their motion for summary judgment (Dkt. #30). II. BACKGROUND Jan Trizuto began working as an...
ORDER GRANTING MOTIONS MARSHA J. PECHMAN, Chief Judge. This matter comes before the Court on Defendants J.P. Morgan Chase and BankOne National Association's motion to dismiss. 1 (Dkt. No. 114) Defendants GMAC Mortgage, LLC, Executive Trustee Services, LLC, Residential Funding Real Estate Holdings, LLC, Residential Funding Corporation, Residential Funding Company, LLC, and Homecomings Financial, LLC (collectively, the "GMAC Defendants") join in the motion and also move for summary judgment on...
JOINT STIPULATED MOTION & ORDER TO REVISE CASE SCHEDULE BENJAMIN H. SETTLE, District Judge. Due to challenges and difficulties in scheduling certain depositions and completing party and non-party discovery in advance of the deadline for opening expert reports, as well as the parties' desire to narrow the scope of the case in advance of that deadline and upon receipt of the Court's final Markman order, the parties have conferred and reached agreement about certain revisions to the case...
[proposed] STIPULATION AND ORDER OF DISMISSAL OF DEFENDANT STATE OF WASHINGTON, DEPARTMENT OF GENERAL ADMINISTRATION RICHARD A. JONES, District Judge. I. STIPULATION Plaintiffs Puget Sound Electrical Workers Healthcare Trust, Puget Sound Electrical Workers Pension Trust, Puget Sound Electrical Joint Apprenticeship and Training Trust and National Electrical Benefit Fund (the "plaintiff Trust Funds") and defendant State of Washington, Department of Enterprise Services, formerly known as the...
