Corrugated Services, Inc. v. Midcorr Packaging LLC

Full title: CORRUGATED SERVICES, INC., a Washington corporation, Plaintiff, v. MIDCORR…

Court: United States District Court, W.D. Washington, at Seattle

Date published: Jan 9, 2003

Case No. C02-2416L (W.D. Wash. Jan. 9, 2003)

Opinion

Case No. C02-2416L

January 9, 2003

Michael T. Callan, Attorney for Plaintiff Corrugated Services, Inc.

Carl P. Gilmore, Attorneys for Defendants MidCorr Packaging LLC, BBP, LLC and Brent Patterson

STIPULATION AND ORDER WITHDRAWING MOTION TO DISMISS AND MOTION FOR CONTINUANCE AND EXPEDITED DISCOVERY

ROBERT S. LASNIK, United States District Judge

I. STIPULATION

COME NOW, plaintiff, Corrugated Services, Inc., and Defendants MidCorr Packaging LLC, BBP, LLC and Brent Patterson, by and through their attorneys of record, as evidenced by the signature of their counsel, below, and stipulate as follows:

1. The Motion to Dismiss of MidCorr Packaging LLC, BBP, LLC and Brent Patterson Pursuant to Fed.R.Civ.Pro. 12(b)(1), 12(b)(2) and 12(b)(3) is hereby withdrawn.

2. Plaintiff's Motion For Continuance And For Expedited Discovery is hereby withdrawn.

3. In the event defendants decide to re-file a motion to dismiss on the basis of improper jurisdiction or venue, the parties shall be entitled to conduct expedited discovery on such issues including the taking of depositions and the production of documents from defendants related to such issues, the scope of such discovery to be determined by the court in the event the parties cannot agree. Defendants shall provide reasonable notice of its intent to file any such motion to dismiss in order to provide the parties with adequate time to accomplish such discovery.

4. Defendants acknowledge acceptance of the Amended Complaint and shall file their Answer or other response within 35 days of this stipulation.

5. This stipulation shall not be construed as an acknowledgment or admission by defendants that this court maintains personal jurisdiction over defendants or that venue is proper in this court and defendants specifically reserve the future right to raise such issues in these proceedings.

II. ORDER

THIS MATTER having come on before the undersigned Judge of the above-entitled court upon stipulation of the parties and the court having reviewed the records and files herein and the stipulation of the parties and being otherwise fully advised in the premises, it is hereby.

ORDERED. ADJUDGED AND DECREED that the stipulation of the parties is hereby adopted; it is further

ORDERED, ADJUDGED AND DECREED that the Motion to Dismiss of MidCorr Packaging LLC, BBP, LLC and Brent Patterson Pursuant to Fed.R.Civ.Pro. 12(b)(1), 12(b)(2) and 12(b)(3) and Plaintiff's Motion For Continuance And For Expedited Discovery are hereby stricken from the calendar.