Opinion
2:21-cv-00663-RSM
05-09-2023
ESPRESSO SUPPLY, INC., a Washington corporation, Plaintiff, v. SMARTCO INTERNATIONAL (HK) LIMITED, a limited liability company organized under the laws of Hong Kong; ETERNAL EAST HK LIMITED, a limited liability company organized under the laws of Hong Kong, Defendants. SMARTCO INTERNATIONAL ASIA LIMITED, a corporation organized under the laws of the British Virgin Islands; ETERNAL EAST HK LIMITED, a corporation organized under the laws of Hong Kong, Counter Claimants, v. ESPRESSO SUPPLY, INC., a Washington corporation, Counter Defendant.
McNAUL EBEL NAWROT & HELGREN PLLC Daniel M. Weiskopf, WSBA No. 49441 Matthew J. Campos, WSBA No. 40777 Attorneys for Receiver SCHWABE WILLIAMSON & WYATT Nicholas F. Aldrich, Jr., WSBA No. 48473 Joseph A. Meckes (admitted Pro Hac Vice) Squire Patton Boggs LLP Marisol C. Mork (admitted Pro Hac Vice) Squire Patton Boggs LLP Attorneys for Smartco International (HK) Limited, Eternal East (HK) Limited, Smartco International (Asia) Limited, Eternal East (HK) Limited
Note on Motion Calendar: May 9, 2023
McNAUL EBEL NAWROT & HELGREN PLLC
Daniel M. Weiskopf, WSBA No. 49441
Matthew J. Campos, WSBA No. 40777
Attorneys for Receiver
SCHWABE WILLIAMSON & WYATT
Nicholas F. Aldrich, Jr., WSBA No. 48473
Joseph A. Meckes (admitted Pro Hac Vice)
Squire Patton Boggs LLP
Marisol C. Mork (admitted Pro Hac Vice)
Squire Patton Boggs LLP
Attorneys for Smartco International (HK) Limited, Eternal East (HK) Limited, Smartco International (Asia) Limited, Eternal East (HK) Limited
STIPULATED MOTION AND ORDER TO CONTINUE TRIAL AND RELATED DATES
RICARDO S. MARTINEZ, UNITED STATES DISTRICT JUDGE
I. STIPULATION
Plaintiff/Counter Defendant Espresso Supply, Inc. and Defendants/Counter Claimants Smartco International (Asia) Limited, Smartco International (HK) Limited, and Eternal East (HK) Limited (collectively, the “Parties”), by and through their undersigned counsel of record, stipulate as follows:
1. The Parties have been working diligently on discovery.
2. The Receiver was required to reactivate software in order to recover files that were not otherwise accessible, which has taken significant time and resulted in a delay in discovery.
3. The Parties will expend significant time and money on discovery in a short period of time under the current case schedule.
4. The Parties wish to explore the possibility of an early resolution of this case in order to avoid unnecessary expense.
5. The Parties therefore seek a short extension (just more than 90 days) of the case schedule and trial date in order to explore settlement.
6. The Parties agree that no party will be prejudiced by this extension and that the entry of an order granting this request is in the interest of judicial economy.
Therefore, the Parties respectfully request that the Court issue an order extending the trial date and related pretrial deadlines as follows:
| Event | Current Deadline | New Deadline |
| Expert Witness Disclosure/Reports under FRCP 26(a)(2) | 6/23/2023 | 10/02/2023 |
| All Non-Dispositive Motions must be filed by | 7/24/2023 | 10/25/2023 |
| Discovery must be completed by | 8/23/2023 | 11/30/2023 |
| All Dispositive Motions must be filed by | 9/21/2023 | 12/29/2023 |
| 39.1 Mediation to be Completed | 11/6/2023 | 2/16/2024 |
| All Motions in Limine must be filed by | 11/22/2023 | 2/29/2024 |
| Agreed Pretrial Order due | 12/8/2023 | 3/15/2024 |
| Trial Briefs, Proposed voir dire Questions, and Jury Instructions due | 12/15/2023 | 3/22/2024 |
| Trial | 12/20/2023 | 3/25/2024 |
I certify that this memorandum contains 265 words, in compliance with the Local Civil Rules.
IT IS SO STIPULATED.
II. ORDER
Based on the Parties' Stipulation, which establishes good cause, the Court HEREBY EXTENDS the deadlines as follows:
| Event | Current Deadline | New Deadline |
| Expert Witness Disclosure/Reports under FRCP 26(a)(2) | 6/23/2023 | 10/02/2023 |
| All Non-Dispositive Motions must be filed by | 7/24/2023 | 10/25/2023 |
| Discovery must be completed by | 8/23/2023 | 11/30/2023 |
| All Dispositive Motions must be filed by | 9/21/2023 | 12/29/2023 |
| 39.1 Mediation to be Completed | 11/6/2023 | 2/16/2024 |
| All Motions in Limine must be filed by | 11/22/2023 | 2/29/2024 |
| Agreed Pretrial Order due | 12/8/2023 | 3/15/2024 |
| Trial Briefs, Proposed voir dire Questions, and Jury Instructions due | 12/15/2023 | 3/22/2024 |
| Trial | 12/20/2023 | 3/25/2024 |
The above-referenced dates shall supersede Docket No. 70. Trial in this matter is hereby continued from December 20, 2023, to March 25, 2024.
IT IS SO ORDERED.