Hyperion Entertainment C.V.B.A. v. Itec, LLC

The Honorable Ricardo S. Martinez

7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE

10 CLOANTO CORPORATION, AMIGA, INC., ITEC, LLC and AMINO DEVELOPMENT CORPORATION, 12 Plaintiffs, 13 - against - Civil Action No.: 2:18-cv-00381-RSM (consolidated with 2:18-cv-00535) HYPERION ENTERTAINMENT CVBA, 15 Defendant.

STIPULATED MOTION TO 16 CONTINUE TRIAL DATE AND HYPERION ENTERTAINMENT CVBA RELATED DATES BY THREE 17 MONTHS TO FACILITATE Counterclaim Plaintiff, SETTLEMENT DISCUSSIONS - against - NOTE ON MOTION CALENDAR: 19 October 6, 2020 CLOANTO CORPORATION, AMIGA, INC., ITEC, LLC and AMINO DEVELOPMENT CORPORATION, Counterclaim Defendants.

Stipulated Motion to Continue Trial Date ATTORNEY WEST SEATTLE, P.S.

Case No. 2:18-cv-00381 5400 California Ave. SW, Ste. E 1 STIPULATION 2 Defendant/Counterclaim Plaintiff Hyperion Entertainment CVBA (“Defendant”), together with Plaintiffs/Counter-Defendants Cloanto Corporation, Amiga, Inc., Amino Development Corporation, and Itec, LLC (“Plaintiffs”) (collectively, the “Parties”), pursuant to 5 LCR 7(d)(1) and LCR 10(g), jointly move the Court for an order extending, by approximately three months, the dates in the Court’s Order of July 21, 2020 (Dkt. No. 94). The Parties submit there is good cause to modify the current case schedule, for the reasons set forth below.

8 The Parties have resumed substantial and earnest settlement discussions to resolve all of the matters between them, including those at issue in this consolidated proceeding. However, the Parties’ principals reside in Belgium and northern Italy, which the COVID-19 crisis has hit particularly hard. The additional time the Parties request will enable them to focus exclusively on trying to settle this dispute without further assistance from this Court. Accordingly, the Parties respectfully request that the Court extend the remaining deadlines as follows: 14 Deadline/Event Current Proposed 15 All dispositive motions must be filed by and 11/05/2020 02/05/2021 Noted on the motion calendar no later than 16 the THIRD Friday thereafter 17 Mediation per LCR 39.1(c)(3), if requested 12/17/2020 03/17/2021 held no later than All motions in limine must be filed by and 01/07/2021 04/07/2021 19 noted on the motion calendar no later than the THIRD Friday thereafter Agreed pretrial order due 01/22/2021 04/22/2021 Pretrial conference to be scheduled by 22 the Court 23 Trial brief, proposed voir dire questions, 01/29/2021 04/29/2021 jury instructions, neutral statement of the case, 24 and trial exhibits due Stipulated Motion to Continue Trial Date ATTORNEY WEST SEATTLE, P.S.

Case No. 2:18-cv-00381 5400 California Ave. SW, Ste. E 1 The Parties’ joint request is not sought for purposes of delay. Rather, due to the complexity of the issues for settlement, coupled by the COVID-19 crisis, the Parties believe that a three-month extension is necessary to afford them the opportunity to settle all issues that may arise in the future.

5 Respectfully submitted this Wednesday, October 7, 2020.

6 By /s/ Gordon E. R. Troy By /s/ Eric J. Harrison Gordon E. R. Troy Eric J. Harrison Pro Hac Vice 5400 California Avenue SW, Suite E Gordon E. R. Troy, PC Seattle, WA 98136 5203 Shelburne Road Tel. (206) 388-8092 Shelburne, VT 05482 [email protected] Tel. (802) 881-0640 Attorney for Hyperion Entertainment CVBA [email protected] By /s/ Michael G. Atkins Michael G. Atkins, WSBA# 26026 Atkins Intellectual Property, PLLC Cherry Street #18483 Seattle, WA 98104-2205 Tel (206) 628-0983 [email protected] Attorneys for Cloanto Corporation, Amiga, Inc., Amino Development Corporation, and Itec, LLC

18 ORDER 19 SO ORDERED, the new Trial Date is 5/03/2021.

20 DATED this 7th day of October, 2020.

24 RICARDO S. MARTINEZ CHIEF UNITED STATES DISTRICT JUDGE Stipulated Motion to Continue Trial Date ATTORNEY WEST SEATTLE, P.S.

Case No. 2:18-cv-00381 5400 California Ave. SW, Ste. E 2 CERTIFICATE OF SERVICE 3 I hereby certify that on the Wednesday, October 7, 2020, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following: 6 Gordon E. R. Troy, [email protected] 8 By /s/ Eric J. Harrison Eric J. Harrison 9 Attorney West Seattle, P.S.

5400 California Ave. SW, Ste. E 10 Seattle, WA 98136 Phone: 206 388 8092 Stipulated Motion to Continue Trial Date ATTORNEY WEST SEATTLE, P.S.

Case No. 2:18-cv-00381 5400 California Ave. SW, Ste. E