Innovative Solutions International Inc v. Houlihan Trading Co Inc

The Honorable John C. Coughenour

7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE INNOVATIVE SOLUTIONS INTERNATIONAL, INC., a Washington Case No. 2:22-cv-00296-JCC corporation, 11 STIPULATION AND PROPOSED Plaintiff, ORDER TO FILE SECOND AMENDED 12 COMPLAINT v. HOULIHAN TRADING CO., INC., a Florida corporation; BRIGHTON SALES AND MARKETING, LLC, an Arkansas limited liability company; MARCUS TECHNOLOGIES LLC, a Texas limited liability company; SHUMAKER INTERNATIONAL CORP., a Tennessee corporation; COOK INTERNATIONAL TRADE & BROKERAGE, INC., a Florida corporation; NORTH SOUTH FOODS GRP., INC., a Florida corporation; HENLEY’S WHOLESALE MEATS, INC., an Arkansas corporation; PILGRIM’S PRIDE CORP., a Delaware corporation; and DOES 1–10, Defendants.

The parties, through their undersigned counsel of record, agree to and stipulate as follows: 1. On June 8, 2022, Plaintiff Innovative Solutions International, Inc. (“Plaintiff” STIPULATION AND PROPOSED ORDER TO FILE SECOND or “Innovative”) filed its First Amended Complaint against Defendants Houlihan Trading Company, Inc., Marcus Technologies LLC, Brighton Sales and Marketing, LLC, Cook International Trade & Brokerage, Inc., Shumaker International Corporation, North South Foods Group, Inc., Henley’s Wholesale Meats, Inc., Pilgrim’s Pride Corporation, and Doe Defendants 1–10.

6 2. Brighton Group, LLC had notice of the First Amended Complaint and its counsel notified Plaintiff that “Brighton Group, LLC” rather than “Brighton Sales and Marketing, LLC” is the name of the correct defendant in this action. Houlihan Trading Company, Inc. and Henley’s Wholesale Meats, Inc. have appeared in this action and join this Stipulation.

11 3. Plaintiff amends its First Amended Complaint to name “Brighton Group, LLC” as a defendant instead of “Brighton Sales and Marketing, LLC.”

13 4. It is stipulated and agreed that the caption in the above-referenced case should be amended as reflected in Exhibit A attached hereto.

15 5. It is further stipulated and agreed that, at the present time, and upon information and belief, Brighton Sales and Marketing, LLC should not be party to this case and Plaintiff is not aware of any claims against this entity at this time.

18 6. Federal Rule of Civil Procedure 15(a) provides that leave to amend a complaint “shall be freely given when justice so requires.” Fed. R. Civ. P. 15(a). The Ninth Circuit has emphasized that “[r]ule 15’s policy of favoring amendments to pleadings should be applied with ‘extreme liberality.’” DCD Programs, Ltd v. Leighton, 833 F.2d 183, 186 (9th Cir. 1987); see also Bowles v. Read, 198 F.3d 752, 757-58 (9th Cir. 1999).

23 7. The undersigned parties agree that Plaintiff’s amendments to the First Amended Complaint will not result in undue delay or in any prejudice to any party.

25 8. Pursuant to Local Rule 15, a copy of the proposed Second Amended Complaint showing as redlines the changes made to the First Amended Complaint to create STIPULATION AND PROPOSED ORDER TO FILE SECOND the Second Amended Complaint is attached hereto as Exhibit A.

2 IT IS HEREBY STIPULATED, by and between the parties, by and through their respective counsel, that Plaintiff should be granted leave to file the Second Amended Complaint attached hereto as Exhibit A with changes accepted.

5 IT IS SO STIPULATED.

7 Dated: June 28, 2022 By: s/ Philip M. Guess By: s/ Daniel W. Rankin Philip M. Guess, WSBA #26765 Bennett J. Hansen, WSBA #24205 Madisyn M. Uekawa, WSBA #56953 Daniel W. Rankin, WSBA #49673 K&L GATES LLP PREG O’DONNELL & GILLETT PLLC Fourth Avenue, Suite 2900 901 5th Ave., Suite 3400 Seattle, WA 98104 Seattle, WA 98164 Tel: (206) 623-7580 Phone: (206) 287-1775 Fax: (206) 623-7022 [email protected] [email protected] [email protected] [email protected] 15 Attorneys for Defendant Houlihan Trading Attorneys for Plaintiff Innovative Solutions Co., Inc. International, Inc. By: s/ Eliot M. Harris Eliot M. Harris, WSBA # 36590 Gabrielle K. Lindquist, WSBA # 57177 WILLIAMS, KASTNER & GIBBS PLLC 601 Union Street, Suite 4100 Seattle, WA 98101-2380 Tel: (206) 628-6600 Fax: (206) 628-6611 [email protected] [email protected] Attorneys for Defendant Henley’s Wholesale Meats, Inc. STIPULATION AND PROPOSED ORDER TO FILE SECOND 1 ORDER The Court having reviewed the foregoing Stipulation, and good cause appearing therefore: IT IS ORDERED that Plaintiff is granted leave to amend to file its Second Amended Complaint, a copy of which is attached hereto as Exhibit A, with changes accepted. Plaintiff shall file and serve its Second Amended Complaint within fourteen (14) days of this Order pursuant to LCR 15.

IT IS SO ORDERED.

DATED this 28th day of June 2022.

A John C. Coughenour 15 UNITED STATES DISTRICT JUDGE

STIPULATION AND PROPOSED ORDER TO FILE SECOND