Filed: Nov. 18, 2019
Latest Update: Nov. 18, 2019
Summary: ORDER GRANTING IN PART AND DENYING IN PART STIPULATED MOTION TO RE-NOTE PENDING MOTIONS JAMES L. ROBART , District Judge . On November 15, 2019, at 1:45 p.m., Plaintiff Edifecs, Inc. ("Edifecs") and Defendant Welltok, Inc. ("Welltok") filed a stipulated motion to re-note the following pending motions: (i) Welltok's motion for summary judgment (MSJ (Dkt. # 72)); (ii) Welltok's motion to exclude the testimony of Todd D. Menenberg (MTE (Dkt. # 45)); and (iii) Welltok's motion to seal (MTS (
Summary: ORDER GRANTING IN PART AND DENYING IN PART STIPULATED MOTION TO RE-NOTE PENDING MOTIONS JAMES L. ROBART , District Judge . On November 15, 2019, at 1:45 p.m., Plaintiff Edifecs, Inc. ("Edifecs") and Defendant Welltok, Inc. ("Welltok") filed a stipulated motion to re-note the following pending motions: (i) Welltok's motion for summary judgment (MSJ (Dkt. # 72)); (ii) Welltok's motion to exclude the testimony of Todd D. Menenberg (MTE (Dkt. # 45)); and (iii) Welltok's motion to seal (MTS (D..
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ORDER GRANTING IN PART AND DENYING IN PART STIPULATED MOTION TO RE-NOTE PENDING MOTIONS
JAMES L. ROBART, District Judge.
On November 15, 2019, at 1:45 p.m., Plaintiff Edifecs, Inc. ("Edifecs") and Defendant Welltok, Inc. ("Welltok") filed a stipulated motion to re-note the following pending motions:
(i) Welltok's motion for summary judgment (MSJ (Dkt. # 72));
(ii) Welltok's motion to exclude the testimony of Todd D. Menenberg (MTE (Dkt. # 45)); and
(iii) Welltok's motion to seal (MTS (Dkt. # 47)) (collectively, the "Motions").
(See Stip. Mot. (Dkt. # 77) at 1.)
The Motions are noted for November 22, 2019. (See MSJ at 1; MTE at 1; MTS at 1.) Accordingly, Edifecs's responses to the Motions are due on Monday, November 18, 2019. See Local Civil Rules W.D. Wash. LCR 7(d)(3). Edifecs and Welltok ask the court to re-note the Motions for December 6, 2019, and to allow Edifecs to respond to the motions on or before November 25, 2019. (See Stip. Mot. at 2.)
Deadlines in the court's scheduling order and in the Local Civil Rules are "firm dates that can be changed only by order of the court, not by agreement of counsel or the parties. The court will alter these dates only upon good cause shown." (Sched. Order (Dkt. # 17) at 2); see also Fed. R. Civ. P. 6(b)(1)(A) (the court may extend time "for good cause"). Here, Edifecs and Welltok fail to show good cause to extend the noting date for the Motions. In fact, the parties' stipulated motion provides no explanation at all for why a two-week extension is necessary, or why the parties waited until now to seek such an extension.1 (See generally Stip. Mot.)
Additionally, trial in this case is set for January 27, 2020. (Sched. Order at 1.) A two-week extension of the noting date for the Motions would leave the court insufficient time to fully consider and rule on the motions and would leave the parties insufficient time to prepare for trial in light of the court's orders.
Nevertheless, the court will re-note the Motions to November 26, 2019. Edifecs's responses to the motions are due no later than November 20, 2019. Welltok's replies, if any, are due no later than the new noting date of November 26, 2019. The parties are instructed to refrain from seeking further extensions absent good cause.
For the reasons set forth above, the court GRANTS in part and DENIES in part Edifecs and Welltok's stipulated motion to re-note the Motions (Dkt. # 77). The court DIRECTS the clerk to re-note the following motions for November 26, 2019:
(i) Welltok's motion for summary judgment (Dkt. # 72);
(ii) Welltok's motion to exclude the testimony of Todd D. Menenberg (Dkt. # 45); and
(iii) Welltok's motion to seal (Dkt. # 47).
