Pacific Woodtech Corporation v. Semsak, No. 2:2019cv01984 - Document 38 (W.D. Wash. 2020)
Court Description: ORDER granting parties' 37 Joint Motion for Extension of Time of Temporary Injunction and Continue Deadline for Defendant to Produce Documents. The temporary injunction is continued in effect until July 24, 2020. The deadline for Defendant to produce privilege and relevancy logs pursuant to the ESI Order is continued to July 11, 2020. Signed by Judge Barbara J. Rothstein. (TH)
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Pacific Woodtech Corporation v. Semsak Doc. 38 1 Honorable Barbara J. Rothstein 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 9 10 11 PACIFIC WOODTECH CORPORATION, a Washington corporation, 12 Plaintiff, 13 14 v. DANIEL SEMSAK, an individual, 15 No. 2:19-cv-01984 BJR JOINT MOTION TO EXTEND TEMPORARY INJUNCTION AND TO CONTINUE DEADLINE FOR DEFENDANT TO PRODUCE DOCUMENTS Defendant. 16 17 Plaintiff Pacific Woodtech Corporation and Defendant Daniel Semsak jointly move the 18 Court to extend the temporary injunction currently in place and set to expire on July 1, 2020, 19 until July 24, 2020. This joint motion is without prejudice to Defendant’s right to object to any 20 further extension of the temporary injunction currently in place, or to dispute any of Plaintiff’s 21 factual or legal contentions that underlie the temporary injunction. Defendant’s joinder in this 22 motion may not be construed as an admission of liability, or of any of the facts alleged in 23 Plaintiff’s pleadings that were not specifically admitted by Defendant in its Answer to 24 Complaint, Affirmative Defenses, and Counterclaims. ECF No. 23. 25 /// 26 /// JOINT MOTION TO EXTEND TEMPORARY INJUNCTION AND TO CONTINUE DEADLINE TO PRODUCE DOCUMENTS - 1 STOEL RIVES LLP (Cause No. 2:19-cv-01984 BJR) ATTORNEYS 106959007.3 0030424-00043 600 University Street, Suite 3600, Seattle, WA 98101 Telephone 206.624.0900 Dockets.Justia.com 1 Plaintiff and Defendant also jointly move the Court to extend the deadline for Defendant 2 to produce privilege and relevancy logs per the Stipulated Order Governing Discovery of 3 Electronically Stored Information (the “ESI Order,” ECF No. 33) until July 11, 2020. FACTS SUPPORTING EXTENSION 4 5 1. On December 6, 2019, the Court entered a temporary protective order enjoining 6 Defendant from disclosing or using Plaintiff’s confidential information and trade secrets and 7 requiring Defendant and Murphy Company to preserve all evidence in whatever form currently 8 available related to Defendant’s confidential information. ECF No. 11. 9 2. The parties agreed to the extension of the terms of the temporary protective order 10 in the form of a temporary injunction while they negotiated the protocol for the inspection of 11 Defendant’s home and work computers. On December 17, 2019, the Court converted the 12 temporary restraining order to a temporary injunction under Federal Rule of Civil Procedure 13 65(a) and ordered it to continue in effect until January 31, 2020. ECF No. 22. The Court also 14 ordered the parties to update the Court on the progress of their negotiations no later than January 15 10, 2020. Id. 16 3. On January 10, 2020, the parties filed a joint motion to extend the temporary 17 injunction. ECF No. 26. The Court granted that motion extending the temporary injunction until 18 February 29, 2020. ECF No. 27. 19 4. On February 18, 2020, the parties filed a joint motion to extend the temporary 20 injunction a second time. ECF No. 28. The Court granted that motion extending the temporary 21 injunction until May 1, 2020. ECF No. 29. 22 5. On April 28, 2020, the parties filed a joint motion to extend the temporary 23 injunction a third time. ECF No. 35. The Court granted that motion extending the temporary 24 injunction until July 1, 2020. ECF No. 36. 25 26 6. Following collection and imaging of electronic devices tendered to eDiscovery by Defendant and receipt of eDiscovery’s report per the ESI Order, the parties promptly entered JOINT MOTION TO EXTEND TEMPORARY INJUNCTION AND TO CONTINUE DEADLINE TO PRODUCE DOCUMENTS - 2 STOEL RIVES LLP (Cause No. 2:19-cv-01984 BJR) ATTORNEYS 106959007.3 0030424-00043 600 University Street, Suite 3600, Seattle, WA 98101 Telephone 206.624.0900 1 into settlement discussions. To date, the parties have exchanged multiple settlement offers and 2 have conferred extensively via telephone on two occasions. In light of these ongoing settlement 3 efforts, the parties have agreed to postpone Defendant’s counsel’s review of documents resulting 4 from the Special Master’s work, preparation of associated privilege and relevancy logs, and 5 subsequent production of non-privileged responsive documents, in order to allow resources to be 6 dedicated to conflict resolution efforts. The parties accordingly seek to postpone all deadlines 7 under the ESI Order for a reasonable period to accommodate ongoing settlement negotiations, 8 and seek a corresponding extension of the temporary injunction. 9 REQUESTED EXTENSION 10 The parties have conferred and agree that an extension of the temporary injunction would 11 be appropriate to give the Defendant time to review and produce documents and Plaintiff time to 12 review produced documents in the event the settlement negotiations are unsuccessful. The 13 /// 14 /// 15 /// 16 /// 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// JOINT MOTION TO EXTEND TEMPORARY INJUNCTION AND TO CONTINUE DEADLINE TO PRODUCE DOCUMENTS - 3 STOEL RIVES LLP (Cause No. 2:19-cv-01984 BJR) ATTORNEYS 106959007.3 0030424-00043 600 University Street, Suite 3600, Seattle, WA 98101 Telephone 206.624.0900 1 parties accordingly jointly move and respectfully request that the Court extend the temporary 2 injunction until July 24, 2020, and the deadline for Defendant to produce privilege and relevancy 3 logs pursuant to the ESI Order until July 11, 2020. 4 5 6 Dated this 15th day of June, 2020. Dated this 15th day of June, 2020. STOEL RIVES LLP HAGLUND KELLEY LLP By: s/James M. Shore James M. Shore, WSBA No. 28095 Reid E. McEllrath, WSBA No. 49668 600 University Street, Suite 3600 Seattle, WA 98101-4109 Telephone: (206) 386-7578 Facsimile: (206) 386-7500 Email: jim.shore@stoel.com Email: reid.mcellrath@stoel.com By: s/via email authorization on 6/15/20 Michael E. Haglund, OSB 772030 (pro hac vice) Eric J. Brickenstein, OSB 142852 (pro hac vice) 200 SW Market Str., Ste. 1777 Portland, OR 97201 Telephone: (503) 225-0777 Email: mhaglund@hk-law.com Email : ebrickenstein@hk-law.com 7 8 9 10 11 12 13 14 15 Marc A. Al (MN ID 247923) (pro hac vice) 33 South Sixth Street, Suite 4200 Minneapolis, MN 55402 Telephone: (612) 373-8801 Facsimile: (612) 373-8881 Email: marc.al@stoel.com JAMESON BABBITT STITES & LOMBARD 18 Bruce P. Babbitt, WSBA No. 4830 801 2nd Avenue, Suite 1000 Seattle, WA 98104-1515 Telephone: (206) 292-1994 Email: bbabbitt@jbsl.com 19 Attorneys for Defendant Daniel Semsak 16 Attorneys for Plaintiff Pacific Woodtech Corporation 17 20 21 22 23 24 25 26 JOINT MOTION TO EXTEND TEMPORARY INJUNCTION AND TO CONTINUE DEADLINE TO PRODUCE DOCUMENTS - 4 STOEL RIVES LLP (Cause No. 2:19-cv-01984 BJR) ATTORNEYS 106959007.3 0030424-00043 600 University Street, Suite 3600, Seattle, WA 98101 Telephone 206.624.0900 1 ORDER 2 The Joint Motion to Extend Temporary Injunction is GRANTED. The temporary 3 injunction is continued in effect until July 24, 2020. The deadline for Defendant to produce 4 privilege and relevancy logs pursuant to the ESI Order is continued to July 11, 2020. 5 Dated this 15th day of June, 2020. 6 7 8 The Honorable Barbara J. Rothstein United States District Court Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 PRESENTED BY: STOEL RIVES LLP By: s/James M. Shore James M. Shore, WSBA No. 28095 Reid E. McEllrath, WSBA No. 49668 600 University Street, Suite 3600 Seattle, WA 98101-4109 Telephone: (206) 386-7578 Facsimile: (206) 386-7500 Email: jim.shore@stoel.com Email: reid.mcellrath@stoel.com Marc A. Al (MN ID 247923) (pro hac vice) 33 South Sixth Street, Suite 4200 Minneapolis, MN 55402 Telephone: (612) 373-8801 Facsimile: (612) 373-8881 Email: marc.al@stoel.com Attorneys for Plaintiff Pacific Woodtech Corporation 23 24 25 26 JOINT MOTION TO EXTEND TEMPORARY INJUNCTION AND TO CONTINUE DEADLINE TO PRODUCE DOCUMENTS - 5 STOEL RIVES LLP (Cause No. 2:19-cv-01984 BJR) ATTORNEYS 106959007.3 0030424-00043 600 University Street, Suite 3600, Seattle, WA 98101 Telephone 206.624.0900 1 2 3 STIPULATED TO AND APPROVED AS TO FORM AND CONTENT BY, AND NOTICE OF PRESENTATION WAIVED BY: HAGLUND KELLEY LLP 4 5 6 7 8 9 10 By: s/via email authorization on 6/15/20 Michael E. Haglund, OSB 772030 (pro hac vice) Eric J. Brickenstein, OSB 142852 (pro hac vice) 200 SW Market Str., Ste. 1777 Portland, OR 97201 Telephone: (503) 225-0777 Email: mhaglund@hk-law.com Email: ebrickenstein@hk-law.com 11 JAMESON BABBITT STITES & LOMBARD 12 Bruce P. Babbitt, WSBA No. 4830 801 2nd Avenue, Suite 1000 Seattle, WA 98104-1515 Telephone: (206) 292-1994 Email: bbabbitt@jbsl.com 13 14 15 Attorneys for Defendant Daniel Semsak 16 17 18 19 20 21 22 23 24 25 26 JOINT MOTION TO EXTEND TEMPORARY INJUNCTION AND TO CONTINUE DEADLINE TO PRODUCE DOCUMENTS - 6 STOEL RIVES LLP (Cause No. 2:19-cv-01984 BJR) ATTORNEYS 106959007.3 0030424-00043 600 University Street, Suite 3600, Seattle, WA 98101 Telephone 206.624.0900 1 CERTIFICATE OF SERVICE 2 I hereby certify that on June 15, 2020, the foregoing document was filed using the 3 Court’s electronic court filing system, which will send electronic service to all parties who have 4 appeared in the action. 5 STOEL RIVES LLP 6 7 By:_s/James M. Shore James M. Shore, Bar No. 28095 600 University Street, Suite 3600 Seattle, WA 98101-4109 Telephone: (206) 386-7578 Facsimile: (206) 386-7500 jim.shore@stoel.com 8 9 10 11 12 Attorneys for Plaintiff Pacific Woodtech Corporation 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JOINT MOTION TO EXTEND TEMPORARY INJUNCTION AND TO CONTINUE DEADLINE TO PRODUCE DOCUMENTS - 7 STOEL RIVES LLP (Cause No. 2:19-cv-01984 BJR) ATTORNEYS 106959007.3 0030424-00043 600 University Street, Suite 3600, Seattle, WA 98101 Telephone 206.624.0900
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