Opinion
2:22-cv-01530-JLR
01-17-2023
OLYMPIC TUG & BARGE, INC. a Washington corporation, and HARLEY MARINE FINANCING, LLC, a Delaware limited liability company, Plaintiffs, v. LOVEL BRIERE, LLC, a Nevada limited liability company, Defendant.
Kevin H. Marino (Admitted Pro Hac Vice) John D. Tortorella (Admitted Pro Hac Vice) John A. Boyle (Pro Hac Vice application to be submitted) Marino, Tortorella & Boyle, P.C. Michael E. Gossler, WSBA No. 11044 Montgomery Purdue PLLC Attorneys for Plaintiffs Jess G. Webster, WSBA No. 11402 Drew F. Duggan, WSBA No. 50796 Miller Nash LLP Attorneys for Defendant
Kevin H. Marino (Admitted Pro Hac Vice) John D. Tortorella (Admitted Pro Hac Vice) John A. Boyle (Pro Hac Vice application to be submitted) Marino, Tortorella & Boyle, P.C. Michael E. Gossler, WSBA No. 11044 Montgomery Purdue PLLC Attorneys for Plaintiffs
Jess G. Webster, WSBA No. 11402 Drew F. Duggan, WSBA No. 50796 Miller Nash LLP Attorneys for Defendant
[PROPOSED] STIPULATION AND ORDER REGARDING AMENDED COUNTERCLAIMS
NOTE ON MOTION CALENDAR (SAME DAY MOTION):FRIDAY, JANUARY 13, 2023
HONORABLE JAMES L. ROBART UNITED STATES DISTRICT JUDGE
WHEREAS, on November 21, 2022, Defendant, Lovel Briere, LLC, filed its Answer, Affirmative Defenses, and Counterclaims (the “Original Counterclaims”) (ECF No. 23);
WHEREAS, on December 12, 2022, Plaintiffs, Olympic Tug & Barge, Inc., and Harley Marine Financing, LLC (together, “Plaintiffs”) moved to dismiss the Original Counterclaims (ECF No. 28) (the “Motion to Dismiss”);
WHEREAS, on January 9, 2023, Defendant filed: (i) a response in opposition to the Motion to Dismiss (ECF No. 30); and (ii) a motion to amend the Original Counterclaims (the “Motion to Amend”) (ECF No. 31);
WHEREAS, the parties believe that the interests of judicial economy would be best served by Plaintiffs (1) withdrawing their pending Motion to Dismiss the Original Counterclaims; and (2) consenting to Defendant amending the Original Counterclaims as proposed in the Motion to Amend (the “Amended Counterclaims”), without prejudice to Plaintiffs' right to respond to the Amended Counterclaims by motion or otherwise.
NOW THEREFORE, the parties having conferred and subject to the Court's approval, hereby agree as follows:
1. Plaintiffs hereby withdraw their Motion to Dismiss the Original Counterclaims (Dkt. # 28).
2. Defendant's Motion to Amend (Dkt. # 31) is GRANTED. Defendant shall file its Amended Counterclaims within fourteen (14) days of the Court's entry of this stipulated Order.
3. Plaintiffs shall move or otherwise respond to the Amended Counterclaims no later than twenty-one (21) days after Defendant files them.
IT IS SO ORDERED.