Alpenspruce Education Solutions Inc v. Cascade Parent Limited

1 HONORABLE MARSHA J. PECHMAN 6 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE ALPENSPRUCE EDUCATION SOLUTIONS INC., a Washington corporation, No. 2:23-cv-00692-MJP 10 Plaintiff, JOINT MOTION FOR STAY OF PROCEEDINGS PENDING MEDIATION 11 v. AND PROPOSED ORDER CASCADE PARENT LIMITED, a Jersey limited company; and PARALLELS INC., a NOTE ON MOTION CALENDAR: Delaware corporation, January 5, 2024 14 Defendant.

16 JOINT MOTION FOR STAY OF PROCEEDINGS PENDING MEDIATION 17 Plaintiff Alpenspruce Education Solutions, Inc. (“Plaintiff”) and Defendants Cascade Parent Limited and Parallels Inc. (collectively, “Defendants”) jointly move this Court to stay the proceedings pending mediation between the parties.

20 On September 13, 2023, the Court issued its Scheduling Order in this case. Dkt. No. 26.

21 The Scheduling Order set a deadline of July 12, 2024 to complete all fact and expert discovery.

22 Id. In order to meet that deadline, the parties have been working diligently on written discovery, negotiating an ESI Agreement and Protective Order, and collecting documents for production.

24 The parties now wish to stay the proceedings so that they can engage in mediation and try resolve the case prior to expending significant Court and party resources. The parties anticipate JOINT MOTION FOR STAY OF PROCEEDINGS PENDING H C M &P P.S.

1 that they will need a stay of 120 days in order to attempt to settle this litigation. The parties believe this stay will provide enough time for the parties to agree on and retain a mediator, meet in person for mediation, and address any post-mediation negotiation or settlement drafting that is required.

4 The parties anticipate that any settlement will involve comparatively complicated settlement terms, and that 120 days is an appropriate period of time in which to conduct the necessary negotiations.

6 The parties additionally propose to file a status report with the Court following the mediation, notifying the Court of whether the parties have been able to resolve the litigation, if they anticipate a further stay to reach an agreement, or if they intend to resume the litigation and seek to obtain an extension of the current deadlines.

10 The Court has the power to stay proceedings to control its docket, to conserve judicial resources, and to ensure “economy of time and effort for itself, for counsel, and for litigants.”

12 Landis v. North Amer. Co., 299 U.S. 248, 254 (1936). The parties’ proposed 120-day stay will conserve judicial resources and ensure “economy of time and effort for itself, for counsel, and for litigants.” Id. 15 * * JOINT MOTION FOR STAY OF PROCEEDINGS PENDING H C M &P P.S.

DATED this 5th day of January, 2024 K&L GATES LLP HILLIS CLARK MARTIN & PETERSON P.S.

By s/ Pam K. Jacobson By: s/Michael J. Ewart Pam Kohli Jacobson, WSBA No. 31810 Michael J. Ewart, WSBA No. 38655 4th Ave., Suite 2900 Rosa O. Ostrom, WSBA No. 55933 Seattle, WA 98104 999 Third Avenue, Suite 4600 Phone: (206) 370-7605 Seattle, WA 98104 [email protected] (206) 623-1745 8 [email protected] Attorneys for Plaintiff Alpenspruce Education [email protected] Solutions Inc. 10 BARNES & THORNBURG, LLP 11 Jonathan Froemel (Pro Hac Vice) Megan New (Pro Hac Vice) 12 Bruce Ratain (Pro Hac Vice) One North Wacker Drive, Suite 4400 Chicago, IL 60606 14 (312) 357-1313 [email protected] 15 [email protected] [email protected] David Wong (Pro Hac Vice) S. Meridian Street 18 Indianapolis, IN 46204-3535 (317) 236-1313 19 [email protected] Attorneys for Defendants Cascade Parent 21 Limited and Parallels Inc. JOINT MOTION FOR STAY OF PROCEEDINGS PENDING H C M &P P.S.

1 [PROPOSED] ORDER 2 The Court GRANTS the parties’ stipulated motion. This matter is STAYED for 120 days pending mediation between the parties. The parties are directed to provide a joint status report to the Court within fourteen (14) days of their completion of mediation to update the Court on the outcome of the mediation.

6 Dated this 8th day of January, 2024.

A MARSHA J. PECHMAN 9 United States Senior District Judge Presented by: HILLIS CLARK MARTIN & PETERSON P.S.

13 By: s/Michael J. Ewart Michael J. Ewart, WSBA No. 38655 14 Rosa O. Ostrom, WSBA No. 55933 Third Avenue, Suite 4600 Seattle, WA 98104 16 (206) 623-1745 [email protected] 17 [email protected] BARNES & THORNBURG, LLP 19 Jonathan Froemel (Pro Hac Vice) Megan New (Pro Hac Vice) Bruce Ratain (Pro Hac Vice) 21 One North Wacker Drive, Suite 4400 Chicago, IL 60606 22 (312) 357-1313 [email protected] 23 [email protected] [email protected] JOINT MOTION FOR STAY OF PROCEEDINGS PENDING H C M &P P.S.

1 David Wong (Pro Hac Vice) S. Meridian Street Indianapolis, IN 46204-3535 (317) 236-1313 [email protected] Attorneys for Defendants Cascade Parent Limited and Parallels Inc. K&L GATES LLP By s/ Pam K. Jacobson Pam Kohli Jacobson, WSBA No. 31810 925 4th Ave., Suite 2900 Seattle, WA 98104 Phone: (206) 370-7605 [email protected] Attorneys for Plaintiff Alpenspruce Education Solutions Inc. JOINT MOTION FOR STAY OF PROCEEDINGS PENDING H C M &P P.S.