Opinion
2:22-cv-00773-TL
06-12-2023
AESTHETIC EYE ASSOCIATES, P.S., Plaintiff, v. ALDERWOOD SURGICAL CENTER, LLC; NORTHWEST NASAL SINUS CENTER, P.S.; and JAVAD A. SAJAN, M.D., Defendants.
K&L GATES LLP Pam K. Jacobson, WSBA No. 31810 Attorneys for Plaintiff Aesthetic Eye Associates, P.S. ARETE LAW GROUP PLLC Jeremy E. Roller, WSBA No. 32021 Attorneys for Defendants Alderwood Surgical Center, LLC, N.W. Nasal Sinus Center, P.S., and Javad A. Sajan, M.D.
Note on Motion Calendar: June 12, 2023
STIPULATED MOTION AND [PROPOSED] ORDER REGARDING MEDIATION STAY
K&L GATES LLP Pam K. Jacobson, WSBA No. 31810 Attorneys for Plaintiff Aesthetic Eye Associates, P.S.
ARETE LAW GROUP PLLC Jeremy E. Roller, WSBA No. 32021 Attorneys for Defendants Alderwood Surgical Center, LLC, N.W. Nasal Sinus Center, P.S., and Javad A. Sajan, M.D.
Tana Lin United States District Judge
I. INTRODUCTION
Plaintiff Aesthetic Eye Associates, P.S. (“Plaintiff”) and Defendants Alderwood Surgical Center, LLC, Northwest Nasal Sinus Center, P.S., and Javad A. Sajan, M.D. (“Defendants”) (Plaintiff and Defendants collectively, “the Parties”), intend promptly to mediate this dispute. To conserve the Parties' resources and to promote judicial economy, the Parties propose this matter be stayed for a short period of time on the terms described below. The Parties jointly submit this Stipulated Motion and [Proposed] Order Regarding Mediation Stay for the Court's consideration and approval.
II. STIPULATION
WHEREAS, on May 31, 2023, this Court granted Plaintiff's Motion for Leave to File First Amended Complaint. See Order on Motion for Leave to File First Amended Complaint (the “Amendment Order”) (Dkt. No. 46);
WHEREAS, on May 31, 2023, Plaintiff filed its First Amended Complaint. See Plaintiff's First Amended Complaint for Damages, Declaratory, Injunctive and Other Relief (Dkt. No. 47);
WHEREAS, the undersigned counsel for Defendants is authorized to accept service of the First Amended Complaint and summons on behalf of newly-added defendant Dr. Sajan;
WHEREAS, in the Amendment Order the Court directed the Parties to file an updated joint status report with a revised case schedule within fourteen (14) days of the date of that Order, i.e., by June 14, 2023. See Amendment Order at 12; and
WHEREAS, the Parties intend to promptly mediate this dispute and wish to conserve their resources and promote judicial economy by staying other activity in this litigation pending the anticipated mediation.
NOW THEREFORE, the Parties agree and stipulate as follows:
1. This matter shall be STAYED pending the earlier of (a) 90 days elapsing from the date the Court enters this Stipulation and Proposed Order, or (b) the completion of mediation;
2. All pending case deadlines shall be STRICKEN;
3. Should the mediation fail, within ten (10) days of the date of the mediation, the Parties shall submit an updated joint status report with a revised case schedule;
4. Should the mediation succeed or the litigation otherwise settle, the Parties shall promptly notify this Court's Courtroom Deputy as previously ordered. See Order Setting Jury Trial Date and Related Dates (Dkt. No. 33) at 4; and
5. This relief is without prejudice to any Party seeking to lift the stay prior to its expiration by motion noted in accordance with LCR 7(d)(2).
[PROPOSED] ORDER
IT IS SO ORDERED.