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Daimler AG v. Amazon.com, Inc., C16-518 RSM. (2019)

Court: District Court, D. Washington Number: infdco20190816e46 Visitors: 2
Filed: Aug. 14, 2019
Latest Update: Aug. 14, 2019
Summary: STIPULATED MOTION AND ORDER TO AMEND SCHEDULING ORDER RICARDO S. MARTINEZ , 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 a
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STIPULATED MOTION AND ORDER TO AMEND SCHEDULING ORDER

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 successfully completed their negotiations of 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 (Case No. 2:17-cv-07674), and request the additional time of 60 days in order to finalize their settlement documents and prepare the appropriate dismissal paperwork. Such an extension would allow the parties to avoid the unnecessary expenditure of time and resources associated with the upcoming deadlines and instead focus on finalizing their settlement 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, a 60-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.

April 20, 2020 or later at the Court's JURY TRIAL DATE convenience Deadline for disclosure of expert witness October 18, 2019 testimony under FRCP 26(a)(2) Deadline for filing motions related to November 18, 2019 discovery. Any such motions shall be noted for consideration pursuant to LCR 7(d)(3) Discovery completed by December 20, 2019 All dispositive motions must be filed by and January 13, 2020 noted on the motion calendar no later than the fourth Friday thereafter (see LCR 7(d)) Mediation per LCR 39.1(c)(3) held no later March 2, 2020 than All motions in limine must be filed by March 16, 2020 and noted on the motion calendar for the third Friday thereafter pursuant to LCR 7(d) Agreed pretrial order due April 3, 2020 Pretrial conference to be scheduled by the Court. Trial briefs, proposed voir dire questions, jury April 10, 2020 instructions, neutral statement of the case, and trial exhibits due DATED: August 14, 2019 By: /s/Larry E. Altenbrun Larry E. Altenbrun, WSBA No. 31475 Nicoll Black & Feig 1325 Fourth Ave., Suite 1650 Seattle, WA 98101 Tel: (206) 838-7555 Fax: (206) 838-7515 THE MARBURY LAW GROUP, PLLC Shauna M. Wertheim Timothy W. Johnson Joanna L. Cohn 11800 Sunrise Valley Drive, 15th Fl. Reston, Virginia 20191 Telephone: (703) 391-2900 Facsimile: (703) 391-2901 swertheim@marburylaw.com tjohnson@marburylaw.com jcohn@marburylaw.com Pro Hac Vice Counsel Attorneys for Plaintiff Daimler AG ** Per e-mail authority 8/14/19 DATED: August 14, 2019 By: /s/Grant E. Kinsel Grant E. Kinsel (WSBA 49576) PERKINS COIE LLP 1201 Third Avenue, Suite 4900 Seattle, WA 98101-3099 Telephone: 206.359.8000 Facsimile: 206.359.9000 Email: GKinsel@perkinscoie.com Attorneys for Defendant Amazon.com, Inc.

ORDER

IT IS SO ORDERED

Source:  Leagle

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