Opinion
No. 01-12527, No. C 02-1976R
January 30, 2003
Montgomery Purdue Blankinship Austin, PLLC, Michael E. Gassler, Attorneys for AM Warehouses Inc.
MILLER NASH, Sarah Weaver, Attorneys for Gannett Co., Inc.
STIPULATION AND ORDER VACATING ORDER GRANTING AM's MOTION FOR SUMMARY JUDGMENT
STIPULATION
The plaintiff, A M Warehouses, Inc., and the defendant, the Gannett Co., Inc., by and through their undersigned counsel, hereby stipulate that the Order Granting AM's Motion for Summary Judgment entered by this court on January 24, 2003 should be vacated, and that A M Warehouses, Inc.'s motion for summary judgment should be re-calendared for Friday, January 31, 2003, for the reason that the letter attached hereto as Exhibit A, through inadvertence, was not delivered to the court and therefore the Order Granting AM's Motion for Summary Judgment was entered.
ORDER
Based upon the foregoing stipulation, as evidenced by the signatures of counsel below approving entry of this order, and the court otherwise deeming itself duly advised, now, therefore, it is hereby ordered:
1. The Order Granting AM's Motion for Summary Judgment entered on January 24, 2003 shall be and hereby is vacated; and
2. The Motion for Summary Judgment filed by A M Warehouses, Inc. in this cause shall be and hereby is re-calendared for Friday, January 31, 2003.
January 21, 2003
VIA MESSENGER
The Honorable Barbara Rothstein U.S. District Court 705 U.S. Courthouse 1010 — 5th Avenue Seattle, WA 98104
Re: AM Warehouses, Inc. v. Gannett Company, Inc., d/b/a The Olympian U.S. District Court Case No. 01-12527R AM's Motion for Summary Judgment-Continued Calendar Date of 1/31/03
Dear Judge Rothstein:
At the oral request of counsel for defendant Gannett Company, AM Warehouses, Inc. has agreed to continue the calendaring date for AM Warehouses, Inc.'s Motion for summary Judgment to Friday, January 31, 2003. Based upon this extension, Gannet Company's response is due Monday, January 27, 2003.
Sincerely,
Michael B. Gossler
cc: Sarah Weaver via fax Greg Mascetti via Fax AM Warehouses, Inc. via regular mail
January 28, 2003
The Honorable Barbara Rothstein U.S. District Court. 705 VS. Courthouse 1010 — 5th Avenue Seattle. WA 98104
Re: AM Warehouses, Inc. v. Gannett Company, Inc., d/b/a The Olympian U.S. District Court Case No. 01-12527R
Dear Judge Rothstein;
By agreement of counsel, the Motion for Summary Judgment by A M Warehouses, Inc. in the above cause was re-calendared for Friday, January 31, 2003 1 wrote a letter to your honor setting forth that agreement but, through an error in my office, the original of the letter was not delivered to you. As a result, an Order Granting AM's Motion for Summary Judgment was entered through inadvertence. To correct that error, counsel for both parties have stipulated to entry of the enclosed order, which vacates the Order Granting AM's Motion for Summary Judgment and re-calendars the motion for summary judgment for this Friday, January 31, 2003.
Once the order has been entered we would appreciate your clerk returning to both counsel of record conformed copies of the stipulation and order. Return envelopes are enclosed.
Sincerely,
Michael E. Gossler
Enclosures cc: Sarah Weaver