Filed: Jul. 15, 2019
Latest Update: Jul. 15, 2019
Summary: STIPULATED NOTICE TO WITHDRAW PENDING MOTIONS TO COMPEL ARBITRATION ROBERT S. LASNIK , District Judge . STIPULATED NOTICE Plaintiff CixxFive Concepts, LLC and defendants Getty Images, Inc., Getty Images (US), Inc. and License Compliance Services, Inc., by and through their counsel of record, pursuant to Local Rule 7(1), hereby stipulate as follows: (1) On June 10, 2019, defendant Getty Images (US), Inc. filed a Motion to Compel Arbitration, Dismiss Class Claims and Stay Proceedings (Dkt.
Summary: STIPULATED NOTICE TO WITHDRAW PENDING MOTIONS TO COMPEL ARBITRATION ROBERT S. LASNIK , District Judge . STIPULATED NOTICE Plaintiff CixxFive Concepts, LLC and defendants Getty Images, Inc., Getty Images (US), Inc. and License Compliance Services, Inc., by and through their counsel of record, pursuant to Local Rule 7(1), hereby stipulate as follows: (1) On June 10, 2019, defendant Getty Images (US), Inc. filed a Motion to Compel Arbitration, Dismiss Class Claims and Stay Proceedings (Dkt. ..
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STIPULATED NOTICE TO WITHDRAW PENDING MOTIONS TO COMPEL ARBITRATION
ROBERT S. LASNIK, District Judge.
STIPULATED NOTICE
Plaintiff CixxFive Concepts, LLC and defendants Getty Images, Inc., Getty Images (US), Inc. and License Compliance Services, Inc., by and through their counsel of record, pursuant to Local Rule 7(1), hereby stipulate as follows:
(1) On June 10, 2019, defendant Getty Images (US), Inc. filed a Motion to Compel Arbitration, Dismiss Class Claims and Stay Proceedings (Dkt. # 32). The motion is noted on the Court's calendar for July 12, 2019. No opposition papers have been filed.
(2) On June 10, 2019, defendants Getty Images, Inc. and License Compliance Services, Inc. jointly filed a Motion to Compel Arbitration, Dismiss Class Claims and Stay Proceedings (Dkt. # 34). The motion is noted on the Court's calendar for July 12, 2019. No opposition papers have been filed.
(3) On July 1, 2019, plaintiff CixxFive Concepts, LLC filed Plaintiff's First Amended Complaint (Dkt. # 37). The First Amended Complaint, inter alia, adds allegations relating to arbitration rights under the parties' contracts and changes the proposed class relative to those rights.
(4) In consideration of the newly filed First Amended Complaint, and to avoid potentially unnecessary motion practice before this Court, plaintiff and defendants stipulate as follows:
a. Defendants agree to withdraw their Motions to Compel Arbitration (Dkt. # 32 and # 34). The parties agree that the withdrawal is without prejudice.
b. Plaintiff agrees that defendants shall have until July 25, 2019 to file (i) a new motion or motions seeking to compel arbitration of some or all of the claims in the First Amended Complaint, or (ii) other responsive pleading to the First Amended Complaint.
(5) The parties agree that defendants' withdrawal of the pending Motions to Compel Arbitration shall not be deemed evidence of a waiver of any right by defendants, including but not limited to the right to compel arbitration of the claims in this action.
(6) Except as set forth herein, all other dates set by the Court shall remain the same.
(7) A proposed order is submitted herewith.
DATED: July 3, 2019.
STECKLER GRESHAM COCHRAN YARMUTH LLP
PLLC
/s/ Bruce Steckler /s/ Scott T. Wilsdon
R. Dean Gresham (pro hac vice) Scott T. Wilsdon, WSBA No. 20608
Bruce Steckler (pro hac vice) Ralph H. Palumbo, WSBA No. 4751
Stuart L. Cochran (pro hac vice) John H. Jamnback, WSBA No. 29872
L. Kirstine Rogers (pro hac vice) 1420 Fifth Avenue, Suite 1400
Braden M. Wayne (pro hac vice) Seattle, Washington 98101
12720 Hillcrest Road, Suite 1045 Telephone: 206-516-3800
Dallas, TX 75230 Facsimile: 206-516-3888
Telephone: 972-387-4040 Email: wilsdon@yarmuth.com
Facsimile: 972-387-4041 rpalumbo@yarmuth.com
dean@steckler.com jjamnback@yarmuth.com
bruce@stecklerlaw.com
stuart@stecklerlaw.com Attorneys for Defendants Getty Images,
krogers@stecklerlaw.com Inc., Getty Images (US), Inc. and License
braden@stecklerlaw.com Compliance Services, Inc.
Attorneys for Plaintiff CixxFive Concepts,
LLC
[PROPOSED] ORDER
IT IS SO ORDERED.
