BioMed Realty, L.P. v. 700 Dexter, LLC
| BioMed Realty, L.P. |
| 700 Dexter, LLC |
| 2:2015cv00930 |
| June 11, 2015 |
| US District Court for the Western District of Washington |
| Seattle Office |
| XX US, Outside District |
| John C Coughenour |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 3, 2018. A more recent docket listing may be available from PACER.
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| Filing 137 MANDATE of USCA (17-35210) as to #130 Notice of Appeal, filed by 700 Dexter, LLC. The stipulation of the parties filed May 2, 2018 moving to dismiss the appeal in matter No. 17-35210 is accepted and the appeal is dismissed, with each party bearing its own costs. A copy of this order shall serve as and for the mandate of this court. (CDA) |
| Filing 136 MANDATE/ORDER of USCA (17-35210, 17-35270) as to #134 Notice of Cross Appeal filed by BioMed Realty, L.P., #130 Notice of Appeal, filed by 700 Dexter, LLC. Pursuant to stipulation of the parties (docket #25), appeal no. 17-35270 is voluntarily dismissed. Fed. R. App. P. 42(b). The parties shall bear their own fees and costs for this appeal. This order served on the district court shall act as and for the mandate of this court with respect to this appeal. The briefing schedule previously established by the court is amended asfollows: Appellee in no. 17-35210 shall file an answering brief on or beforeAugust 23, 2017. Appellant may file a reply brief in that appeal on or beforeSeptember 22, 2017. (CDA) |
| Filing 135 TIME SCHEDULE ORDER (17-35210, 17-35270) as to #134 Notice of Appeal filed by BioMed Realty, L.P., #130 Notice of Appeal, filed by 700 Dexter, LLC. (CDA) |
| Filing 134 NOTICE OF Cross APPEAL to Ninth Circuit (17-35270) re #129 Order on Motion to Amend Judgment by Plaintiff BioMed Realty, L.P.. Filing Fee $505, Receipt number 0981-4821358. (Selig, Joshua) Modified on 3/29/2017 to add CCA #(CDA). |
| Filing 133 TRANSCRIPT REQUEST by Defendant 700 Dexter, LLC for proceedings held on 10/17/2016-10/20/2016, re #104 Notice of Filing of Official Transcript,,, #106 Notice of Filing of Official Transcript,,, #105 Notice of Filing of Official Transcript,,, #103 Notice of Filing of Official Transcript,,,. Requesting Attorney: Curt Roy Hineline. (Hineline, Curt) |
| Filing 132 JUDGMENT BY COURT. After a bench trial, the Court found in favor of Plaintiff BioMed Realty, L.P. The terms of the Court's decision are as established in the findings of fact and conclusions of law (Dkt. No. #111 ), the decree of specific performance (Dkt. No. #118 ), the order on expense petition (Dkt. No. #119 ), and the order on motion to amend judgment (Dkt. No. #129 ). (PM) |
| Filing 131 TIME SCHEDULE ORDER (17-35210) as to #130 Notice of Appeal filed by 700 Dexter, LLC. (CDA) |
| Filing 130 NOTICE OF APPEAL to Ninth Circuit (17-35210) re #129 Order on Motion to Amend Judgment, #118 Order by Counter Claimant 700 Dexter, LLC, Defendant 700 Dexter, LLC. Filing Fee $505, Receipt number 0981-4804030. (Hineline, Curt) Modified on 3/14/2017 to add CCA #(CDA). |
Filing 129
ORDER granting in part and denying in part #120 Motion to Amend Judgment by U.S. District Judge John C Coughenour.(RM)
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| Filing 128 DECLARATION of James R. Morrison re #126 Reply to Response to Motion by Defendant 700 Dexter, LLC (Attachments: #1 Exhibit A-K)(Hineline, Curt) |
| Filing 127 DECLARATION of Polly B. Jessen re #126 Reply to Response to Motion by Defendant 700 Dexter, LLC (Attachments: #1 Exhibit A)(Hineline, Curt) |
| Filing 126 REPLY, filed by Defendant 700 Dexter, LLC, TO RESPONSE to #120 MOTION to Amend Judgment (Hineline, Curt) |
| Filing 125 DECLARATION of Joshua B. Selig filed by Plaintiff BioMed Realty, L.P. re #120 MOTION to Amend Judgment (Attachments: #1 Exhibit s A-E)(Selig, Joshua) |
| Filing 124 RESPONSE, by Plaintiff BioMed Realty, L.P., to #120 MOTION to Amend Judgment . (Selig, Joshua) |
| Filing 123 SUPPLEMENT re #120 MOTION to Amend Judgment by Defendant 700 Dexter, LLC (Hineline, Curt) |
| Filing 122 DECLARATION of Polly B. Jessen filed by Defendant 700 Dexter, LLC re #120 MOTION to Amend Judgment (Attachments: #1 Exhibit A-E)(Hineline, Curt) |
| Filing 121 DECLARATION of Curt Roy Hineline filed by Defendant 700 Dexter, LLC re #120 MOTION to Amend Judgment (Attachments: #1 Exhibit A)(Hineline, Curt) |
| Filing 120 MOTION to Amend Judgment , filed by Defendant 700 Dexter, LLC. (Attachments: #1 Proposed Order) Noting Date 1/27/2017, (Hineline, Curt) |
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Filing 119
ORDER ON EXPENSE PETITION; granting plaintiff's #112 Motion for Attorney Fees; The Court finds that BioMed is entitled to an expense award of $649,792.30. This amount shall also be reflected in the decree of specific performance, which will be issued simultaneously with this order by U.S. District Judge John C Coughenour.(RS)
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| Filing 118 DECREE OF SPECIFIC PERFORMANCE by U.S. District Judge John C Coughenour. (RS) |
| Filing 117 REPLY by Plaintiff BioMed Realty, L.P. to #112 MOTION for Attorney Fees (Expense Petition) (Selig, Joshua) |
| Filing 116 RESPONSE, by Defendant 700 Dexter, LLC, to #112 MOTION for Attorney Fees. (Hineline, Curt) |
| Filing 115 MINUTE ORDER RE-NOTING plaintiff's #112 MOTION for Attorney Fees ; Noting Date 12/9/2016. Response due 12/5/16, reply due 12/9/16 by U.S. District Judge John C Coughenour. (RS) |
| Filing 114 DECLARATION of Jeff Kray ISO Expense Petition re #112 Petition by Plaintiff BioMed Realty, L.P. (Selig, Joshua) |
| Filing 113 DECLARATION of Paul Taylor ISO Expense Petition re #112 Petition by Plaintiff BioMed Realty, L.P. (Attachments: #1 Exhibit 1-2, #2 Exhibit 3, #3 Exhibit 4-12)(Selig, Joshua) |
| Filing 112 PETITION for Expenses filed by Plaintiff BioMed Realty, L.P. (Selig, Joshua) Modified on 11/21/2016 to change into a motion (RS). |
| Filing 111 FINDINGS OF FACT AND CONCLUSIONS OF LAW by U.S. District Judge John C Coughenour. The Court finds in favor of BioMed. Specific performance shall occur pursuant to the provisions of the forthcoming Decree of Specific Performance, which shall be issued once the Court has determined the amount of expenses to which BioMed is entitled. (PM) |
| Filing 110 Proposed Findings of Fact by Defendant 700 Dexter, LLC (Hineline, Curt) |
| Filing 109 TRIAL BRIEF - Closing Argument by Defendant 700 Dexter, LLC. (Hineline, Curt) |
| Filing 108 Proposed Findings of Fact by Plaintiff BioMed Realty, L.P. (Taylor, Paul) |
| Filing 107 TRIAL BRIEF - POST by Plaintiff BioMed Realty, L.P.. (Selig, Joshua) |
| Filing 106 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Trial - Day 4 held on 10/20/2016 before Judge John C. Coughenour.Parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at #www.wawd.uscourts.gov.To purchase a copy of the transcript, contact court reporter Nickoline Drury, nickoline_drury@wawd.uscourts.gov, 206-370-8508. Release of Transcript Restriction set for 1/24/2017, (ND) |
| Filing 105 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Trial - Day 3 held on 10/19/2016 before Judge John C. Coughenour.Parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at #www.wawd.uscourts.gov.To purchase a copy of the transcript, contact court reporter Nickoline Drury, nickoline_drury@wawd.uscourts.gov, 206-370-8508. Release of Transcript Restriction set for 1/24/2017, (ND) |
| Filing 104 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Trial - Day 2 held on 10/18/2016 before Judge John C. Coughenour.Parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at #www.wawd.uscourts.gov.To purchase a copy of the transcript, contact court reporter Nickoline Drury, nickoline_drury@wawd.uscourts.gov, 206-370-8508. Release of Transcript Restriction set for 1/24/2017, (ND) |
| Filing 103 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Trial - Day 1 held on 10/17/2016 before Judge John C. Coughenour.Parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at #www.wawd.uscourts.gov.To purchase a copy of the transcript, contact court reporter Nickoline Drury, nickoline_drury@wawd.uscourts.gov, 206-370-8508. Release of Transcript Restriction set for 1/24/2017, (ND) |
| Filing 102 WITNESS LIST re: witnesses called to testify in the Court Trial. (PP) |
| Filing 101 EXHIBIT LIST of admitted exhibits from the Court Trial. (PP) |
| Filing 100 MINUTE ENTRY for proceedings held before U.S. District Judge John C. Coughenour; CRD: Paul Pierson; Plaintiff's Counsel: Paul Taylor & Joshua Selig; Defense Counsel: Laurin Quiat & Curt Hineline; CR: Nicki Drury; Time of Hearing: 9:00 am; Courtroom: 16206;Court Trial was held and completed on 10/20/2016. Final defense witness called, sworn and testified: Daniel Jacobs. Defendant rests. The Court denied defendant's renewed oral motion pursuant to R.52(c) and granted defendant's oral motion to amend the pleadings, as stated on the record. The Court ordered counsel to file briefing in lieu of presenting closing arguments and each parties' proposed Findings of Fact and Conclusions of Law by the close of business on 10/31/16. The matter was taken under submission and a written order will issue thereafter. (PP) |
| Filing 99 MINUTE ENTRY for proceedings held before U.S. District Judge John C. Coughenour; CRD: Paul Pierson; Plaintiff's Counsel: Paul Taylor & Joshua Selig; Defense Counsel: Laurin Quiat & Curt Hineline; CR: Nicki Drury; Time of Hearing: 9:30 am; Courtroom: 16206;Court Trial was held on 10/19/2016. The Court denied defendant's oral motion pursuant to 52(c). Defense witnesses called, sworn and testified: Polly Jessen and Eric Williams. Exhibits identified and admitted into evidence: 31/Bate stamp #'s 18413 to 18420. Deposition of Eric Williams dated 1/14/16 was unsealed. The Court ordered parties to return on 10/20/2016 at 9:00 AM for further Court trial proceedings in Courtroom 16206 before U.S. District Judge John C. Coughenour. (PP) |
| Filing 98 MINUTE ENTRY for proceedings held before U.S. District Judge John C. Coughenour; CRD: Paul Pierson; Plaintiff Counsel: Paul Taylor & Joshua Selig; Defense Counsel: Laurin Quiat & Curt Hineline; CR: Nicki Drury; Time of Hearing: 9:30 am; Courtroom: 16206;Court Trial was held on 10/18/2016. Witnesses called, sworn and testified: Jim Broadlick, Paul Ruhl and Jeremy Porter. Exhibits identified and admitted into evidence: 57, 58, A-66, 37 (ltd. purpose), 39 (ltd. context), A-11, 73, 47 (ltd. context), 51, 62, 69, A-67 & A-68. Plaintiff rests. Court ordered parties to return 10/19/2016 at 9:30 AM in Courtroom 16206 before U.S. District Judge John C. Coughenour.(PP) |
| Filing 97 DEPOSITION/EXHIBIT RECEIPT (RS) |
| Filing 96 PRETRIAL ORDER by U.S. District Judge John C Coughenour. (RS) |
| Filing 95 MINUTE ENTRY for proceedings held before U.S. District Judge John C. Coughenour; CRD: Paul Pierson; Plaintif's Counsel: Paul Taylor & Joshua Selig; Defendant's Counsel: Laurin Quiat & Curt Hineline; CR: Nicki Drury; Time of Hearing: 9:30 am; Courtroom: 16206;Court Trial began on 10/17/2016. The Court ordered this matter to proceed as a court trial as to the issue of "specific performance" and if further proceedings are determined to be necessary, then the matter will conclude via jury trial. Counsel presented their respective opening statements. Witnesses were called, sworn and testified: Alan Gold and Kevin Simonson. Exhibits received into evidence: 23, 34, 43, A-19, A-18, A-62 & A-64. All trial exhibits stipulated to by the parties as contained in the Pretrial Order were ordered admitted into evidence. The Court Trial is continued to 10/18/2016 at 9:30 AM in Courtroom 16206 before U.S. District Judge John C. Coughenour. (PP) |
| Filing 94 CERTIFICATE of Acceptance of Service of Subpoena for Trial of James Broadlick by Defendant 700 Dexter, LLC (Quiat, Laurin) |
| Filing 93 CERTIFICATE of Acceptance of Service of Subpoena for Trial (Cammarata) by Plaintiff BioMed Realty, L.P. (Selig, Joshua) |
| Filing 92 CERTIFICATE OF SERVICE by Plaintiff BioMed Realty, L.P. of Trial Subpoena to John Funderburk (Selig, Joshua) |
| Filing 91 DECLARATION of Joshua Selig ISO Opp'n to Dexter's MILs 3 & 4 filed by Plaintiff BioMed Realty, L.P. re #74 MOTIONS IN LIMINE (Selig, Joshua) |
| Filing 90 RESPONSE, by Plaintiff BioMed Realty, L.P., to #74 MOTIONS IN LIMINE . (Selig, Joshua) |
| Filing 89 DECLARATION of Laurin D. Quiat re #88 Response (non motion) by Defendant 700 Dexter, LLC (Hineline, Curt) |
| Filing 88 RESPONSE by Defendant 700 Dexter, LLC re #76 Trial Brief and Motions in Limine (Hineline, Curt) |
| Filing 87 MINUTE ORDER by U.S. District Judge John C Coughenour allowing litigants to bring food and drink into the courthouse for the duration of trial set to begin on 10/17/2016. (PM) |
| Filing 86 MINUTE ORDER by U.S. District Judge John C Coughenour denying Defendant Dexter's #74 First and Second Motions in Limine. (PM) |
| Filing 85 DECLARATION of Joshua Selig ISO Opp'n to MILs 1 & 2 filed by Plaintiff BioMed Realty, L.P. re #74 MOTIONS IN LIMINE (Selig, Joshua) |
| Filing 84 DECLARATION of Kelly Spicher ISO BioMed's Opp'n to filed by Plaintiff BioMed Realty, L.P. re #74 MOTIONS IN LIMINE (Selig, Joshua) |
| Filing 83 RESPONSE, by Plaintiff BioMed Realty, L.P., to #74 MOTIONS IN LIMINE . (Selig, Joshua) |
| Filing 82 MINUTE ORDER by U.S. District Judge John C Coughenour directing Defendant BioMed to respond to Dexter's #74 Motions in limine by 3:00 p.m. tomorrow, October 7, 2016. (PM) |
| Filing 81 MINUTE ORDER by U.S. District Judge John C Coughenour advising that the proposed verdict forms are sufficient for the Court to consider and there is no need to file anything additional. (PM) |
| Filing 80 MINUTE ORDER by U.S. District Judge John C Coughenour. The parties have not submitted proposed verdict forms. The Court intends to present a simple verdict form to the jury asking whether Defendant breached the purchase and sale agreement and, if so, what amount of damages should be awarded. If the parties seek to include any additional information in the verdict form, the Court will consider submissions made by Friday, October 7, 2016. (PM) |
| Filing 79 Proposed Jury Instructions by Plaintiff BioMed Realty, L.P. (JOINT STATEMENT OF DISPUTED INSTRUCTIONS) (Selig, Joshua) |
| Filing 78 Proposed Jury Instructions by Plaintiff BioMed Realty, L.P. (JOINT JURY INSTRUCTIONS) (Selig, Joshua) |
| Filing 77 Proposed Voir Dire by Plaintiff BioMed Realty, L.P.. (Selig, Joshua) |
| Filing 76 TRIAL BRIEF AND MOTIONS IN LIMINE by Plaintiff BioMed Realty, L.P.. (Selig, Joshua) |
| Filing 75 DECLARATION of Laurin D. Quiat filed by Counter Claimant 700 Dexter, LLC, Defendant 700 Dexter, LLC re #74 MOTIONS IN LIMINE (Attachments: #1 Exhibit Part 1, #2 Exhibit Part 2)(Hineline, Curt) |
| Filing 74 MOTIONS IN LIMINE by Counter Claimant 700 Dexter, LLC, Defendant 700 Dexter, LLC. (Attachments: #1 Proposed Order) Noting Date 10/5/2016, (Hineline, Curt) |
| Filing 73 Proposed Voir Dire by Counter Claimant 700 Dexter, LLC, Defendant 700 Dexter, LLC. (Hineline, Curt) |
| Filing 72 TRIAL BRIEF by Counter Claimant 700 Dexter, LLC, Defendant 700 Dexter, LLC. (Hineline, Curt) |
| Filing 71 Proposed Pretrial Order by Plaintiff BioMed Realty, L.P.. (Selig, Joshua) |
| Filing 70 MINUTE ORDER by U.S. District Judge John C Coughenour. This minute order reflects the Court's oral ruling from this morning's hearing. Dexter's request to re-depose BioMed's corporate representative is DENIED. The parties are admonished to be cooperative for the remainder of litigation. (AD) |
| Filing 69 MINUTE ENTRY for proceedings held before U.S. District Judge John C. Coughenour; CRD: Paul Pierson; Plaintiff's Counsel: Paul Taylor & Joshua Selig; Defense Counsel: Curt Hineline; Court Reporter: Nicki Drury; Time of Hearing: 9:00 am; Courtroom: 16206;In Court Hearing was held on 9/27/2016. The Court admonished counsel concerning the filing of any further emergency ex parte motions and denied doc. #65 with a written order to issue. (PP) |
| Filing 68 MINUTE ORDER by U.S. District Judge John C Coughenour granting Defendant's second #65 Ex Parte Motion for emergency hearing. In-court Hearing set for 9/27/2016 at 09:00 AM before U.S. District Judge John C Coughenour. (PM) |
| Filing 67 RESPONSE, by Plaintiff BioMed Realty, L.P., to #65 Emergency MOTION Ex Parte Motion Seeking Emergency Hearing for Pre-Trial Status Conference re Kevin Simonsen Deposition. (Taylor, Paul) |
| Filing 66 DECLARATION of Curt Roy Hineline filed by Counter Claimant 700 Dexter, LLC, Defendant 700 Dexter, LLC re #65 Emergency MOTION Ex Parte Motion Seeking Emergency Hearing for Pre-Trial Status Conference re Kevin Simonsen Deposition (Attachments: #1 Exhibit A thru C)(Hineline, Curt) |
| Filing 65 Emergency MOTION Ex Parte Motion Seeking Emergency Hearing for Pre-Trial Status Conference re Kevin Simonsen Deposition by Counter Claimant 700 Dexter, LLC, Defendant 700 Dexter, LLC. Oral Argument Requested. (Attachments: #1 Proposed Order) Noting Date 9/20/2016, (Hineline, Curt) |
| Filing 64 NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Regina Vogel Culbert for Counter Claimant 700 Dexter, LLC, Defendant 700 Dexter, LLC. (Hineline, Curt) |
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Filing 63
ORDER by U.S. District Judge John C Coughenour re Defendant's #62 Motion for emergency hearing. This issue can be resolved without a hearing. (PM)
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| PLEASE DISREGARD. POSTED IN WRONG CASE Copies of documents #52 Order granting Default Judgment re deft Chapman, #53 Judgment re Chapman, #54 Order granting Default Judgment re deft Warren, #56 Judgment re Warren were sent to Defendant Sabrina Britt via the U.S. Mail. (PM) Modified on 9/13/2016 (PM). |
| NOTICE of Docket Text Modification re Docket Annotation (copy of orders/judgments sent to deft Britt): Please disregard; entry made in error, wrong case. (PM) |
| Filing 62 Emergency MOTION Seeking Hearing for Pre-Trial Status Conference by Counter Claimant 700 Dexter, LLC, Defendant 700 Dexter, LLC. Oral Argument Requested. (Attachments: #1 Declaration of Laurin D. Quiat, #2 Exhibit to Declaration of Laurin D. Quiat, #3 Proposed Order) Noting Date 9/12/2016, (Hineline, Curt) |
| Filing 61 MINUTE ENTRY for proceedings held before U.S. District Judge John C. Coughenour; CRD: Paul Pierson; Plaintiff's Counsel: Paul Taylor & Joshua Selig; Defense Counsel: Curt Hineline; Court Reporter: Nicki Drury; Time of Hearing: 9:00 am; Courtroom: 16206;Status Conference was held on 7/5/2016 concerning a new trial date. Counsel advised the Court that they are ready to proceed with a 7-day estimate for a Jury Trial RESET to 10/17/2016 at 9:30 AM in Courtroom 16206 before U.S. District Judge John C. Coughenour. Futhermore, counsel shall file a joint proposed Pretrial Order no later than 10/3/16 and the respective trial briefs, motions in limine, a list of proposed voir dire and proposed jury instructions in accordance with Local Rule 51 no later than 10/5/16.(PP) |
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Filing 60
ORDER ON MOTION FOR CLARIFICATION #55 by U.S. District Judge John C Coughenour. The Court AMENDS its summary judgment order #48 to state: As of the date of this Order, Dexter has not demonstrated that it received an Ecology letter that meets the PSA's specifications. (PM)
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| Filing 59 MINUTE ORDER by U.S. District Judge John C Coughenour VACATING the hearing on Defendants' #58 Motion for clarification. The hearing on the trial date still remains. The parties shall appear at the hearing on Tuesday, July 5, 2016 at 9:00 and be prepared to discuss a new trial date. (PM) |
| Filing 58 MINUTE ORDER by U.S. District Judge John C Coughenour setting Hearing on Defendant's #55 MOTION for clarification for 7/5/2016 at 09:00 AM The Motion is renoted for 7/5/2016. (PM) |
| Filing 57 REPLY, filed by Defendant 700 Dexter, LLC, TO RESPONSE to #55 MOTION for clarification re #48 Order on Motion for Summary Judgment (Hineline, Curt) |
| Filing 56 RESPONSE, by Plaintiff BioMed Realty, L.P., to #55 MOTION for clarification re #48 Order on Motion for Summary Judgment . (Selig, Joshua) |
| NOTICE of Docket Text Modification re #54 Notice of Appearance : docket text modified to reflect correct attorney. (CDA) |
| Attorney James Raymond Morrison for defendant/counter-claimant 700 Dexter, LLC, added; per #54 Notice of Appearance. (CDA) |
| Filing 55 MOTION for clarification re #48 Order on Motion for Summary Judgment by Defendant 700 Dexter, LLC. Oral Argument Requested. (Attachments: #1 Proposed Order) Noting Date 6/10/2016, (Hineline, Curt) |
| Filing 54 NOTICE of Appearance by attorney Curt Roy Hineline James R. Morrison on behalf of Counter Claimant 700 Dexter, LLC, Defendant 700 Dexter, LLC. (Hineline, Curt) Modified on 5/27/2016 to reflect correct attorney (CDA). |
| Filing 53 NOTICE of Appearance by attorney Curt Roy Hineline on behalf of Counter Claimant 700 Dexter, LLC, Defendant 700 Dexter, LLC. (Hineline, Curt) |
| Filing 52 NOTICE from Mediator Stew Cogan, that on April 25, 2016, the parties participated in a mediation. (Cogan, Stew) |
| Filing 51 MINUTE ORDER by U.S. District Judge John C Coughenour granting parties' #50 Stipulated Motion to continue the deadline for expert depositions. Deadline continued to 5/20/2016. (PM) |
| Filing 50 Stipulated MOTION for Extension of Time re: Expert Deposition Deadline by Counter Claimant 700 Dexter, LLC, Defendant 700 Dexter, LLC. Noting Date 4/12/2016, (Culbert, Regina) |
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Filing 49
ORDER by U.S. District Judge John C Coughenour granting plaintiff's #42 Motion to seal Exhibit 19. Docket Number #43 shall remain sealed. Docket Number #47 -1, the redacted version of Exhibit 19, shall remain open to the public. (PM)
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Filing 48
ORDER denying defendant's #31 Motion for Summary Judgment by U.S. District Judge John C Coughenour.(CDA)
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| Filing 47 DECLARATION of Zachariah J. DeMeola filed by Counter Claimant 700 Dexter, LLC, Defendant 700 Dexter, LLC re #42 MOTION to Seal Pltf's Suppl. ISO Opp'n to MSJ (Attachments: #1 Exhibit)(Culbert, Regina) |
| Filing 46 STATEMENT of Applicable Legal Standard re #42 MOTION to Seal Pltf's Suppl. ISO Opp'n to MSJ, #31 MOTION for Summary Judgment by Counter Claimant 700 Dexter, LLC, Defendant 700 Dexter, LLC (Culbert, Regina) |
| Filing 45 REPLY, filed by Counter Claimant 700 Dexter, LLC, Defendant 700 Dexter, LLC, TO RESPONSE to #31 MOTION for Summary Judgment (Culbert, Regina) |
| Filing 44 NOTICE of Intent to Respond to Plaintiff's Supplement In Support of its Opposition to Defendant's Motion for Summary Judgment re #43 Sealed Document, ; filed by Counter Claimant 700 Dexter, LLC, Defendant 700 Dexter, LLC. (Culbert, Regina) |
| Filing 43 SEALED DOCUMENT Pltf's Supplement ISO Opp'n to Def's MSJ & Subjoined Decl. of Selig by Plaintiff BioMed Realty, L.P. re #24 Order on Motion for Protective Order, #36 Sealed Document, (Selig, Joshua) |
| Filing 42 MOTION to Seal Pltf's Suppl. ISO Opp'n to MSJ by Plaintiff BioMed Realty, L.P.. (Attachments: #1 Supplement [Redacted] ISO Opp'n to MSJ) Noting Date 3/18/2016, (Selig, Joshua) |
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Filing 41
ORDER by U.S. District Judge John C Coughenour denying plaintiff's #35 Motion to Seal Documents. Court orders that Docket Numbers #36 and #37 shall be unsealed. (PM)
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| Filing 40 DECLARATION of Daniel L. Jacobs filed by Defendant 700 Dexter, LLC re #31 MOTION for Summary Judgment (Culbert, Regina) |
| Filing 39 DECLARATION of Laurin D. Quiat filed by Defendant 700 Dexter, LLC re #31 MOTION for Summary Judgment (Attachments: #1 Exhibit GG, #2 Exhibit HH)(Culbert, Regina) |
| Filing 38 REPLY, filed by Defendant 700 Dexter, LLC, TO RESPONSE to #31 MOTION for Summary Judgment (Culbert, Regina) |
| Filing 37 SEALED DOCUMENT Declaration of Selig ISO Pl's Opp'n to Def's MSJ by Plaintiff BioMed Realty, L.P. re #35 MOTION to Seal Opp'n to Def's MSJ, Selig Decl., Ex. 16 (Selig, Joshua) Modified on 2/22/2016 to unseal per Order #41 (PM). |
| Filing 36 SEALED DOCUMENT Opp'n to Def's MSJ by Plaintiff BioMed Realty, L.P. re #35 MOTION to Seal Opp'n to Def's MSJ, Selig Decl., Ex. 16 (Selig, Joshua) Modified on 2/22/2016 to unseal per Order #41 (PM). |
| Filing 35 MOTION to Seal Opp'n to Def's MSJ, Selig Decl., Ex. 16 by Plaintiff BioMed Realty, L.P.. (Attachments: #1 Opp'n to Def's MSJ [Redacted], #2 Proposed Order, #3 Decl of Selig ISO Opp'n [Redacted], #4 Exhibit 1-6, #5 Exhibit 7-12, #6 Exhibit 13-18) Noting Date 2/12/2016, (Selig, Joshua) |
| Filing 34 NOTICE that the following is RE-NOTED: #31 MOTION for Summary Judgment . Filed by Counter Claimant 700 Dexter, LLC, Defendant 700 Dexter, LLC. Noting Date 2/5/2016, (Culbert, Regina) |
| Filing 33 PRAECIPE to attach document (Corrected Exhibit) re #32 Declaration, by Defendant 700 Dexter, LLC (Attachments: #1 Corrected Exhibit P)(Culbert, Regina) |
| Filing 32 DECLARATION of Laurin Quiat filed by Defendant 700 Dexter, LLC re #31 MOTION for Summary Judgment (Attachments: #1 Exhibit A-C, #2 Exhibit D-K, #3 Exhibit L-S, #4 Exhibit T-Y, #5 Exhibit Z-DD, #6 Exhibit EE-FF)(Culbert, Regina) |
| Filing 31 MOTION for Summary Judgment by Defendant 700 Dexter, LLC. (Attachments: #1 Proposed Order) Noting Date 1/29/2016, (Culbert, Regina) |
| Filing 30 MINUTE ORDER by U.S. District Judge John C Coughenour granting #29 Stipulated Motion to continue deadline for expert disclosure and discovery. Expert Discovery deadline is continued to 4/12/2016. (PM) |
| Filing 29 Stipulated MOTION Requesting Deadlines for Expert Disclosure and Discovery by Defendant 700 Dexter, LLC. Noting Date 11/30/2015, (Culbert, Regina) |
| Filing 28 MINUTE ENTRY re: STATUS CONFERENCE held before United States District Judge John C. Coughenour; Courtroom Deputy Clerk Paul Pierson; Court Reporter Nancy Bauer; Plaintiff(s) Counsel Paul Taylor & Joshua Selig; Defendant(s) Counsel Regina Culbert. The case was called and counsel made their appearance. The Court inquires of counsel concerning their desired trial date and time estimate for trial. Note that all depositions, discovery and perpetuation, must be completed before the discovery completion date. Jury instructions shall be electronically filed with the Clerk of Court and include an original version and 2 separate versions: One numbered sequentially and with citations;and, the other copy without numbering or citations. Counsel are advised that the Court will rely primarily upon the Manual of Model Jury Instructions for the Ninth Circuit in preparation of final instructions for submission to the jury. Counsel are advised that this case is one of several cases set for the week described below. Counsel shall be prepared to commence trial as scheduled, but understand that the trial may have to be continued. Counsel are directed to contact the Courtroom Deputy Clerk at paul_pierson@wawd.uscourts.gov 2-4 weeks in advance of the trial date regarding the Court`s trial calendar. Case management dates are established as follows: 7 day estimate for a JURY TRIAL set for 7/18/2016 at 9:30 AM in Courtroom 16206 before U.S. District Judge John C. Coughenour; Proposed Pretrial Order is due by 7/8/2016; Pleading amendment/3rd pty action is/are due by 1/8/2016; 39.1 MEDIATION shall be completed by 5/20/2016, Trial briefs and proposed voir dire/jury instructions are due by 7/14/2016; discovery cutoff is 120 days before trial, and the dispositive motion filing deadline is 90 days before trial.Counsel shall attend Courtroom Technology Training at least 1 month in advance of the trial date in order to become familiar for a seamless presentation of their evidence utilizing the A/V equipment now available in the courtroom. Training is held at 3:00 p.m. on the 1st and 3rd Wednesday of each month in Courtroom 18B.(PP) |
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Filing 27
ORDER denying deft's #17 Motion to strike plaintiff BioMed Realty, L.P.'s jury demand by U.S. District Judge John C Coughenour. (PM)
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| Filing 26 NOTICE of Rescheduled Status Conference. The Court, on its own motion, hereby orders the Status Conference reset to 10/20/2015 at 9:00 AM in Courtroom 16206 before U.S. District Judge John C. Coughenour.(PP) |
| Filing 25 REPLY, filed by Counter Claimant 700 Dexter, LLC, Defendant 700 Dexter, LLC, TO RESPONSE to #17 MOTION Strike Plaintiff's Jury Demand (Culbert, Regina) |
| Filing 24 STIPULATED PROTECTIVE ORDER granting #23 Stipulated Motion for Protective Order by U.S. District Judge John C Coughenour. (PM) |
| Filing 23 Stipulated MOTION for Protective Order by Counter Claimant 700 Dexter, LLC, Defendant 700 Dexter, LLC. (Attachments: #1 Proposed Order) Noting Date 8/31/2015, (Culbert, Regina) |
| Filing 22 RESPONSE, by Plaintiff BioMed Realty, L.P., to #17 MOTION Strike Plaintiff's Jury Demand . (Selig, Joshua) |
| Filing 21 NOTICE of Rescheduled Status Conference. The Court, on its own motion, hereby orders the Status Conference RESET to 10/6/2015 at 9:00 AM in Courtroom 16206 before U.S. District Judge John C. Coughenour.(PP) |
| Filing 20 NOTICE OF PARTICIPATION OF CAMERAS IN THE COURTROOM. The Western District of Washington is participating in the Judiciary's Pilot Project on #Cameras in the Courtroom. The project is a 3-year study to evaluate the effects of cameras in the courtrooms. This case is eligible to have proceedings video recorded and made available to the public via the U.S. Court's and Western District of Washington's web sites. Please notify the Courtroom Deputy Clerk for United States District Judge John C. Coughenour to indicate whether or not you agree to participate in the pilot project. If you should desire to participate, the court will require formal consent for the recording of each scheduled proceeding. Please contact the Courtroom Deputy at: paul_pierson@wawd.uscourts.gov. Do not e-file your response. (PP) |
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Filing 19
ORDER REGARDING DISCOVERY AND DEPOSITIONS by U.S. District Judge John C. Coughenour. (PP)
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| Filing 18 MINUTE ENTRY re: STATUS CONFERENCE. The attorney who will be responsible for trying the case should attend the conference and be prepared to discuss the following matters at the conference: 1. The nature of the case; 2. The status of matters which are presently set before the Court, e.g., hearings, motions, etc.; 3. The status of discovery and a time schedule for its completion; 4. A statement of any legal issues about which motions are contemplated and a possible briefing schedule; 5. An estimate of the number of days needed for trial; 6. Whether the case is jury or non-jury; 7. The date by which the case will be ready for trial; 8. Settlement probabilities; and 9. Whether the parties consent to proceed to trial before an assigned magistrate judge pursuant to 28 U.S.C. 636(c). If counsel's office is outside of the Greater Metropolitan Seattle area, arrangements may be made to participate telephonically in the conference by contacting the Courtroom Deputy Clerk at (206) 370-8805 at least TEN (10) days prior to the proceeding. Counsel do NOT need to file a Joint Status Report or Rule 26(f) Report in advance of the Status Conference. Counsel should plan on arriving 10-15 minutes early to check in with the Courtroom Deputy Clerk, as the Court's calendar begins promptly at 9:00 a.m. COUNSEL OR THE PRO SE PARTY WHO FILED THIS MATTER SHALL IMMEDIATELY NOTIFY ALL PARTIES OF THE DATE AND TIME OF THE SCHEDULED STATUS CONFERENCE. A Status Conference is set for 9/15/2015 at 9:00 AM in Courtroom 16206 before U.S. District Judge John C. Coughenour. (PP) |
| Filing 17 MOTION Strike Plaintiff's Jury Demand by Counter Claimant 700 Dexter, LLC, Defendant 700 Dexter, LLC. (Attachments: #1 Proposed Order) Noting Date 9/4/2015, (Culbert, Regina) |
| Filing 16 MINUTE ORDER REASSIGNING CASE by William M. McCool; As all parties did not consent to proceed before a Magistrate Judge, this case has been randomly reassigned to U.S. District Judge John C Coughenour for all further proceedings. Hon. James P. Donohue no longer assigned to case. Cc to JCC. (TF) |
| Filing 15 JOINT STATUS REPORT signed by all parties estimated Trial Days: 5. (Selig, Joshua) |
| Filing 14 NOTICE of Appearance by attorney Joshua Bacon Selig on behalf of Counter Defendant BioMed Realty, L.P., Plaintiff BioMed Realty, L.P.. (Selig, Joshua) |
| Filing 13 DEMAND for JURY TRIAL by Plaintiff BioMed Realty, L.P. (Taylor, Paul) |
| Filing 12 Plaintiff's Answer to Counterclaims re ANSWER to #10 Answer to Complaint, Counterclaim by BioMed Realty, L.P..(Taylor, Paul) |
| Filing 11 CORPORATE DISCLOSURE STATEMENT Filed pursuant to Fed.R.Civ.P 7.1. Filed by BioMed Realty, L.P. (Taylor, Paul) |
| Filing 10 ANSWER to Complaint; Affirmative Defenses, COUNTERCLAIM against plaintiff BioMed Realty, L.P. by 700 Dexter, LLC.(Culbert, Regina) |
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Filing 9
ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT by Hon. James P. Donohue; Joint Status Report due by 7/24/2015, FRCP 26f Conference Deadline is 7/10/2015, Initial Disclosure Deadline is 7/17/2015. (TF)
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Filing 8
ORDER re #5 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Zachariah J DeMeola for 700 Dexter, LLC, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
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Filing 7
ORDER re #4 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Laurin D Quiat for 700 Dexter, LLC, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
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| Filing 6 NOTICE OF INITIAL ASSIGNMENT TO A US MAGISTRATE JUDGE AND CONSENT OR DECLINE FORM. If consent or decline, return the executed form by 7/24/2015. Please Note: Forms must not be electronically filed with the Court. (DJ) |
| Filing 5 APPLICATION OF ATTORNEY Zachariah J. DeMeola FOR LEAVE TO APPEAR PRO HAC VICE for Defendant 700 Dexter, LLC (Fee Paid) Receipt No. 0981-4051666 (Culbert, Regina) |
| Filing 4 APPLICATION OF ATTORNEY Laurin D. Quiat FOR LEAVE TO APPEAR PRO HAC VICE for Defendant 700 Dexter, LLC (Fee Paid) Receipt No. 0981-4051657 (Culbert, Regina) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT Filed pursuant to Fed.R.Civ.P 7.1. Filed by 700 Dexter, LLC (Culbert, Regina) |
| Hon. James P. Donohue added. (DJ) |
| Filing 2 DECLARATION of Regina V. Culbert re #1 Notice of Removal, by Defendant 700 Dexter, LLC (Attachments: #1 Exhibit)(Culbert, Regina) |
| Filing 1 NOTICE OF REMOVAL from King County Superior Court, case number 15-2-12794-2SEA; (Receipt # 0981-4050459) Attorney Regina Vogel Culbert added to party 700 Dexter, LLC(pty:dft), filed by 700 Dexter, LLC. (Attachments: #1 Exhibit Complaint, #2 Civil Cover Sheet)(Culbert, Regina) |
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