Election Systems & Software, LLC v. King County Washington
Plaintiff Election Systems & Software, LLC seeks to rescind a contract amendment with Defendant King County, Washington in light of an unilateral mistake as to the quarterly fees owed or reform the contract to reflect the fee structure to the parties intended understanding.
| Election Systems & Software, LLC |
| King County Washington |
| 2:2011cv02015 |
| December 6, 2011 |
| US District Court for the Western District of Washington |
| Seattle Office |
| XX US, Outside District |
| James P. Donohue |
| Other Contract |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 15, 2012. A more recent docket listing may be available from PACER.
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| Filing 23 NOTICE PAO will Continue to Represent Defendant ; filed by Defendant King County Washington. (Pool Norby, Karen) |
Filing 22
MINUTE ORDER by Judge Thomas S. Zilly, United States District Judge. Having set a trial date and related deadlines at a scheduling conference held on February 9, 2012, the Court hereby enters the following scheduling order: 39.1 mediation to be completed by 3/16/2012, Deadline for amended pleadings due by 3/2/2012, Discovery completed by 6/1/2012, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 4/30/2012, Joinder of Parties due by 3/2/2012, Deadline for defendant to file either (i) motion or stipulation of withdrawal and substitution of counsel, or (ii) notice of current counsel will continue to represent defendant by March 9, 2012, Motions due by 6/8/2012, Motions in Limine due by 8/9/2012, Pretrial Order due by 8/27/2012, Proposed Findings of Fact and Conclusions of Law to be submitted by 9/5/2012, Voir dire/jury instructions/trial briefs due by 8/27/2012, Pretrial Conference set for 8/31/2012 at 2:30 PM before Judge Thomas S. Zilly. Jury/ Bench Trial is set for 9/10/2012 at 9:00 AM before Judge Thomas S. Zilly. (GG)
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| Filing 21 Plaintiff's ANSWER to 19 Amended Answer to Complaint, Counterclaim by Election Systems & Software, LLC.(Miller, Jesse) |
| Set Deadlines & Hearings: Pursuant to minutes of scheduling conference, dkt no. 20 ; 39.1 mediation to be completed by 3/16/2012, Amended Pleadings due by 3/2/2012, Discovery completed by 6/1/2012, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 4/30/2012, Any Motions other than motions in limine shall be filed on or before 6/8/2012. (GG) |
| Filing 20 MINUTE ENTRY for proceedings held before Judge Thomas S. Zilly- Dep Clerk: Gail Glass; Pla Counsel: Michael Cox and Brian Keonig and Jesse Miller; Def Counsel: Karen Pool Norby; CR: NONE; Scheduling Conference held on 2/9/2012. Messrs. Cox and Koenig appear telephonically. Also present are Senior Deputy Prosecuting Attorney ("DPA") Anh Nguyen, King County Elections Director Sherril Huff, and King County Elections Superintendent Evelyn Arnold, who are anticipated to be witnesses in the case. The Court and counsel discuss the nature and status of the case. Defendant King County is DIRECTED to determine whether the King County Prosecuting Attorney's Office is required to withdraw as its counsel of record in light of DPA Nguyen's anticipated role as a witness in the case. Defendant shall file, on or before March 9, 2012, either (i) a motion for or stipulation of withdrawal and substitution of counsel or (ii) a notice indicating that the King County Prosecuting Attorneys Office will continue to represent defendant. Any such motion or stipulation shall comply with Local Rule GR 2(g)(4); any stipulation must be signed by withdrawing counsel, substituting counsel, and opposing counsel. The parties are DIRECTED to complete mediation in this matter on or before March 16, 2012. They shall select a mediator on or before February 21, 2012. If the parties cannot agree on a mediator, they shall each provide, on or before February 21, 2012, via e-mail to Claudia_Hawney@wawd.uscourts.gov, a list of three mediators; the Court will then select a mediator. Trial in this matter shall commence on September 10, 2012, with an anticipated length of one week. The matter is tentatively scheduled for a jury trial, with certain issues tried concurrently to the bench. Any amended pleadings shall be filed and any additional parties shall be joined on or before March 2, 2012. Experts shall be disclosed pursuant to Federal Rule of Civil Procedure 26(a)(2) on or before April 30, 2012. Discovery shall be completed on or before June 1, 2012. Any motions other than motions in limine shall be filed on or before June 8, 2012, and noted in accordance with Local Rule CR 7(d). The Court will set additional pretrial deadlines by separate order. (GG) |
| Filing 19 AMENDED ANSWER to 1 Complaint, COUNTERCLAIM against plaintiff Election Systems & Software, LLC by King County Washington. (Attachments: # 1 Exhibit A)(Pool Norby, Karen) |
| Set/Reset Hearings: Scheduling Conference set for 2/9/2012 at 10:00 AM before Judge Thomas S. Zilly. (CH) |
| Filing 18 JOINT STATUS REPORT signed by all parties estimated Trial Days: 3-5.. (Miller, Jesse) |
| Filing 17 ANSWER to 1 Complaint by King County Washington.(Pool Norby, Karen) |
| Filing 16 MINUTE ORDER REASSIGNING CASE. Case reassigned to Judge Thomas S. Zilly for all further proceedings. Hon. James P. Donohue no longer assigned to case by William M. McCool. (PV) |
| Filing 15 NOTICE of Serving Initial Disclosures ; filed by Plaintiff Election Systems & Software, LLC. (Miller, Jesse) |
| Filing 14 NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Anh Thuy Nguyen for Defendant King County Washington. (Attachments: # 1 Certificate of Service)(Nguyen, Anh) |
| Attorney Karen Astrid Pool Norby for King County Washington added per 13 Notice of Appearance. (KN) |
| Filing 13 NOTICE of Appearance by attorney Anh Thuy Nguyen on behalf of Defendant King County Washington. (Attachments: # 1 Certificate of Service)(Nguyen, Anh) |
| NOTICE to Filer of Deficiency: Lack of Proper Signature for counsel Karen A Poll Norby. In order for the Clerks Office to add an attorney to the docket, the attorneys signature must appear on the pleading in accordance with FRCP Rule 11 and Local General Rule 2h. Signatures must comply with Section III L of the Electronic Filing Procedures. To have the attorney added to the docket, please file a correctly formatted signature page using the filing event Praecipe to Attach Document. re 12 Notice of Appearance ; (KN) |
| Filing 12 NOTICE of Appearance by attorney Anh Thuy Nguyen on behalf of Defendant King County Washington. (Attachments: # 1 Certificate of Service)(Nguyen, Anh) |
| Filing 11 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Government Systems, Software & Services, Inc. for Election Systems & Software, LLC. Filed pursuant to Fed.R.Civ.P 7.1.. (Miller, Jesse) |
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Filing 10
ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT. Joint Status Report due by 1/18/2012, FRCP 26f Conference Deadline is 1/4/2012, Initial Disclosure Deadline is 1/11/2012, by Hon. James P. Donohue. (PV)
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Filing 9
ORDER re 5 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Brian J. Koenig for Election Systems & Software, LLC, by William M. McCool. (No document associated with this docket entry, text only.)(DS)
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Filing 8
ORDER re 4 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Michael C. Cox for Election Systems & Software, LLC, by William M. McCool. (No document associated with this docket entry, text only.)(DS)
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| Filing 7 NOTICE OF INITIAL ASSIGNMENT TO A US MAGISTRATE JUDGE AND CONSENT OR DECLINE FORM. If consent or decline, return the executed form by 1/18/2012. Please Note: Forms must not be electronically filed with the Court. (PM) |
| Filing 6 Summons Issued electronically as to defendant King County Washington. (PM) |
| Filing 5 APPLICATION OF ATTORNEY Brian J. Koenig FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Election Systems & Software, LLC. (Fee Paid) Receipt No. 0981-2644220. (Miller, Jesse) Modified on 12/7/2011 to correct plaintiff's name (PM). |
| Filing 4 APPLICATION OF ATTORNEY Michael C. Cox FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Election Systems & Software, LLC. (Fee Paid) Receipt No. 0981-2644212. (Miller, Jesse) Modified on 12/7/2011 to correct plaintiff's name (PM). |
| NOTICE Pursuant to Fed.R.Civ.P 7.1 Plaintiff election Systems & Software, LLC must file a Corporate Disclosure Statement by 12/14/2011. (PM) |
| Hon. James P. Donohue added. (PM) |
| Filing 3 PRAECIPE TO ISSUE SUMMONS re 1 Complaint, 2 Civil Cover Sheet by Plaintiff Election Systems & Software, LLC. (Miller, Jesse) Modified on 12/7/2011 to correct plaintiff's name (PM). |
| Filing 2 CIVIL COVER SHEET re 1 Complaint ; filed by Plaintiff Election Systems & Software, LLC. (Miller, Jesse) Modified on 12/7/2011 to correct plaintiff's name (PM). |
| Filing 1 COMPLAINT against defendant(s) King County Washington (Receipt # 0981-2643103), filed by Election Systems & Software, LLC, (Attachments: # 1 Exhibit A-E)(Miller, Jesse) Modified on 12/7/2011 to correct plaintiff's name (PM). |
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