Vaporpath Inc v. WNA Inc et al, No. 3:2019cv05807 - Document 45 (W.D. Wash. 2020)
Court Description: ORDER granting Parties' 43 Stipulated Motion for Additional Time to Respond to Plaintiff's Motion to Compel. IT IS SO ORDERED that, for good cause shown, the Court will grant an additional one-week extension of time for defendants to file a Response to plaintiff's Motion to Compel until Monday, September 28, 2020 and for plaintiff to file a Reply until Monday, October 5, 2020. Signed by Judge James L. Robart. (TH)
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Vaporpath Inc v. WNA Inc et al Doc. 45 HONORABLE JAMES L. ROBART 1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 7 8 9 10 VAPORPATH, INC., a Washington corporation, Case No. 3:19-CV-5807-JLR Noted for September 11, 2020 11 Plaintiff, 12 v. 13 14 SECOND STIPULATED MOTION FOR ADDITIONAL TIME TO RESPOND TO PLAINTIFF’S MOTION TO COMPEL WNA, INC., a Delaware Corporation, and NOVOLEX HOLDINGS, LLC, a Delaware limited liability company, Defendants. 15 16 I. STIPULATION AND RELIEF REQUESTED 17 COMES NOW Plaintiff Vaporpath and Defendants WNA, Inc. and Novolex Holdings, 18 LLC (hereinafter “defendants”), by and through their counsel of record, and respectfully move 19 the Court for an order granting an additional one-week extension of time for defendants to 20 respond to plaintiff’s Motion to Compel (document no. 38) and for plaintiff to reply. This motion 21 is supported by the Declaration of Ramon B. Henderson. 22 INTRODUCTION 23 Plaintiff filed its Motion to Compel on August 26, 2020 with a noted hearing date of 24 Friday, September 2, 2020. On August 28, 2020, defendants notified plaintiff of defendants’ 25 intent to file this motion and sought plaintiff’s position. Henderson Decl. ¶ 4. At defendants’ 26 request, plaintiff agreed to a 14-day extension, which this Court kindly granted. Id. As a result of 375432 SECOND STIPULATED MOTION FOR ADDITIONAL TIME TO RESPOND TO PLAINTIFF’S MOTION TO COMPEL – Page 1 (Case No. 3:19-CV-5807 JLR) Hodgkinson Street Mepham, LLC 1620 SW Taylor Suite 350 Portland, OR 97205 (503) 222-1143 (503) 222-1296 (fax) Dockets.Justia.com 1 this extension, defendants’ Response opposing plaintiff’s Motion to Compel is currently due 2 Monday, September 21, 2020 and plaintiff’s Reply is due Monday, September 28, 2020. 3 For the reasons discussed below, the parties, by stipulation, are requesting an additional 4 week of time. If granted, the new due date for defendants to respond will be Monday, September 5 28, 2020, and the new due date for plaintiff to reply will be Monday, October 5, 2020. ARGUMENT 6 Pursuant to LCR 7(j), a party may move the court for relief from a deadline. This motion 7 8 is made well in advance of defendants’ response deadline of September 21, 2020. The parties 9 request additional time for defendants’ Response and plaintiff’s Reply for the following reasons. 10 First, the parties have been engaged in ongoing and meaningful mediation and settlement 11 discussions. Because these discussions are potentially productive, both parties prefer to limit the 12 amount of money expended on a Motion to Compel at this time. This additional week will allow 13 the parties to reduce the financial pressure of incurring legal fees on a possibly moot motion 14 while the parties continue with settlement discussions. While it is impossible to predict with any 15 accuracy whether the case will be settled in the near future, without this extension, the parties 16 will be forced to continue incurring attorney’s fees in order to meet judicial deadlines while 17 simultaneously working toward an agreeable resolution. These two competing goals may impede 18 any possible resolution and increase the parties’ reliance on the Court in this matter. Second, the discovery cutoff in this case is not until January 26, 2021, giving the parties 19 20 nearly four months to complete discovery. An additional one-week extension will not unfairly 21 prejudice either parties’ ability to obtain relevant discovery. Furthermore, granting this motion 22 for an extension of time would not create any foreseeable conflicts. Other than the hearing for 23 plaintiff’s Motion to Compel, there is currently nothing on the case schedule until the discovery 24 cutoff date. 25 ///// 26 ///// 375432 SECOND STIPULATED MOTION FOR ADDITIONAL TIME TO RESPOND TO PLAINTIFF’S MOTION TO COMPEL – Page 2 (Case No. 3:19-CV-5807 JLR) Hodgkinson Street Mepham, LLC 1620 SW Taylor Suite 350 Portland, OR 97205 (503) 222-1143 (503) 222-1296 (fax) II. 1 CONCLUSION For the foregoing reasons, the parties request an order granting an additional one-week 2 3 extension of time for defendants’ response until Monday, September 28, 2020, and until 4 Monday, October 5, 2020 for plaintiff’s reply. DATED this 11th day of September, 2020. 5 6 7 8 9 10 11 12 /s/ Jeff Bone _____________________________ Jeff Bone, WSBA No. 28169 CORR CRONIN LLP 1001 Fourth Avenue, Suite 3900 Seattle, WA 98154 jbone@corrcronin.com Attorney for Plaintiff /s/ David S. Mepham David S. Mepham, WSB No. 21087 HODGKINSON STREET MEPHAM, LLC 1620 SW Taylor Street, Suite 350 Portland, OR 97205 dsm@hs-legal.com Attorney for Defendants 13 14 15 III. 16 IT IS SO ORDERED that, for good cause shown, the Court will grant an additional one- 17 18 19 week extension of time for defendants to file a Response to plaintiff’s Motion to Compel until Monday, September 28, 2020 and for plaintiff to file a Reply until Monday, October 5, 2020. 20 21 ORDER September 14, 2020 Dated: ___________________ 22 A ____________________________________ HONORABLE JAMES L. ROBART United States District Court Judge 23 24 ///// 25 ///// 26 ///// 375432 SECOND STIPULATED MOTION FOR ADDITIONAL TIME TO RESPOND TO PLAINTIFF’S MOTION TO COMPEL – Page 3 (Case No. 3:19-CV-5807 JLR) Hodgkinson Street Mepham, LLC 1620 SW Taylor Suite 350 Portland, OR 97205 (503) 222-1143 (503) 222-1296 (fax) 1 Presented by: 2 HODGKINSON STREET MEPHAM, LLC 3 4 5 6 7 8 9 /s/ David S. Mepham David S. Mepham, WSBA No. 21087 1620 SW Taylor Street, Suite 350 Portland, Oregon 97205 (503) 222-1143 (phone) dsm@hs-legal.com Attorney for Defendants CORR CRONIN LLP 10 11 12 13 14 15 ______________________________ Blake Marks-Dias, WSBA No. 28169 Jeff Bone, WSBA No. 43965 1001 Fourth Avenue, Suite 3900 Seattle, Washington 98154 (206) 625-8600 (phone) bmarksdias@corrcronin.com jbone@corrcronin.com Attorneys for Plaintiff 16 17 18 19 20 21 22 23 24 25 26 375432 SECOND STIPULATED MOTION FOR ADDITIONAL TIME TO RESPOND TO PLAINTIFF’S MOTION TO COMPEL – Page 4 (Case No. 3:19-CV-5807 JLR) Hodgkinson Street Mepham, LLC 1620 SW Taylor Suite 350 Portland, OR 97205 (503) 222-1143 (503) 222-1296 (fax) 1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 WESTERN DISTRICT OF WASHINGTON 9 VAPORPATH, INC., a Washington corporation, Case No. 3:19-CV-5807 CERTIFICATE OF SERVICE 10 Plaintiff, 11 v. 12 13 WNA, INC., a Delaware Corporation, and NOVOLEX HOLDINGS, LLC, a Delaware limited liability company, 14 Defendants. 15 16 I hereby certify that on September 11, 2020, I electronically filed the foregoing with the 17 Clerk of the Court using the CM/ECF system which will send notification of such filing to the 18 following: 19 Jeff Bone Blake Marks-Dias Corr Cronin LLP 1001 Fourth Ave., Ste. 3900 Seattle, WA 98154-1051 (206) 625-0999 (fax) jbone@corrcronin.com bmarks-dias@corrcronin.com Of Attorneys for Plaintiff 20 21 22 23 24 ///// 25 ///// 26 334746 Page 1 - CERTIFICATE OF SERVICE Hodgkinson Street Mepham, LLC 1620 SW Taylor Suite 350 Portland, OR 97205 (503) 222-1143 (503) 222-1296 (fax) 1 And by regular mail. DATED: September 11, 2020. 2 HODGKINSON STREET MEPHAM, LLC 3 4 5 By: /s/ David S. Mepham David S. Mepham, WSB No. 21087 dsm@hs-legal.com (503) 222-1143 (503) 222-1296 (fax) Of Attorneys for Defendants 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 334746 Page 2 - CERTIFICATE OF SERVICE Hodgkinson Street Mepham, LLC 1620 SW Taylor Suite 350 Portland, OR 97205 (503) 222-1143 (503) 222-1296 (fax)
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