Hyperion Entertainment C.V.B.A. et al v. Itec, LLC et al
Plaintiff: Hyperion Entertainment C.V.B.A.
Defendant: Itec, LLC, Amiga, Inc, Amino Development Corporation and Cloanto Corporation
Case Number: 2:2018cv00381
Filed: March 13, 2018
Court: US District Court for the Western District of Washington
Office: Seattle Office
County: XX Outside US
Presiding Judge: Ricardo S Martinez
Nature of Suit: Other Contract
Cause of Action: 28 U.S.C. ยง 2201
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
June 28, 2023 Opinion or Order Filing 169 ORDER granting Consol Plaintiff's 163 Motion for Payment of Costs to Court to Stay Enforcement of Award of Costs Pending Appeal. Plaintiffs are authorized to deposit with the Court the amount of $2,471.36. The amount is based on the award of costs in this case in the amount of $1,838.10, plus $133.26 (18 months of interest at the constant rate of interest of 4.83% per annum), plus $500 (for taxable costs on appeal). The Clerk is directed to deposit funds into the Registry of the Court in the principal amount of $2,471.36. Upon making the deposit, enforcement of the award of costs is stayed pending disposition of Plaintiffs' appeal to the Ninth Circuit Court of Appeals. Signed by Judge Ricardo S. Martinez. (SB) (cc: Finance via ad hoc NEF)
May 12, 2023 Opinion or Order Filing 162 ORDER denying Plaintiff's 144 Motion for Attorney Fees. Signed by Judge Ricardo S. Martinez. (LH)
April 27, 2023 Opinion or Order Filing 155 ORDER granting Parties' 154 Stipulated MOTION to Dismiss Counterclaims. Hyperion's counterclaims are DISMISSED with prejudice and without an award of costs or fees to any party with respect to those counterclaims. Signed by Judge Ricardo S. Martinez. (SB)
April 24, 2023 Opinion or Order Filing 149 ORDER denying Plaintiffs' 143 MOTION for Reconsideration. This case remains CLOSED. Signed by Judge Ricardo S. Martinez. (SB)
March 30, 2023 Opinion or Order Filing 141 ORDER. Plaintiffs' Motion for Partial Summary Judgment (Dkt. # 100 ) is DENIED. Hyperion's Motion for Summary Judgment (Dkt. # 105 ) is GRANTED as to all Counts contained in the Second Amended Complaint and as to all Plaintiffs; Plaintiffs& #039; claims in the Second Amended Complaint are DISMISSED. Plaintiffs' Motion for Leave to File and Supplemental Briefing (Dkt. # 133 ) is DENIED as moot. Hyperion's Motion for Leave to File Answer to Plaintiff's Second Amended Complaint and Second Amended Counterclaims (Dkt. # 137 ) is GRANTED. Hyperion is directed to immediately file the Amended Answer attached to its Motion. Signed by Judge Ricardo S. Martinez. (SB)
July 12, 2022 Opinion or Order Filing 140 ORDER denying Counter-Claimants' 99 Motion to Seal. The Court DIRECTS the Clerk to immediately unseal Dkt. # 101 . Signed by Judge Ricardo S. Martinez. (SB)
June 22, 2021 Opinion or Order Filing 131 ORDER denying Defendant-Counterclaim Plaintiff Hyperion Entertainment CVBA's 119 Motion for Reconsideration; denying Plaintiffs' 126 Motion to Bar Withdrawal and Substitution of Counsel and to Compel Attorney to Attend Deposition. Signed by Judge Ricardo S. Martinez. (PM)
May 28, 2021 Opinion or Order Filing 118 ORDER granting Plaintiffs' 117 Motion to Vacate toVacate and Reset Pretrial Calendar, and to Allow the Parties Time to Depose a New Witness. All current pre-trial dates in this matter are stricken. Trial date to be set by Court. Depositi on of Evert Carton to occur no later than 30 days following the date of this than Order. Agreed pretrial order due 60 days following the Court's decision on the motions for summary judgment. Plaintiffs' pre-trial brief due 30 days foll owing the Court's decision on the motions for summary judgment. Defendant's pre-trial brief due 40 days following the Court's decision on the motions for summary judgment. Pretrial conference to be set by Court. All motions in limi ne due 50 days following the Court's decision on the motions for summary judgment. Trial brief, proposed voir dire questions, jury instructions, neutral statement of the case, and trial exhibits deadline to be set by Court. Signed by Judge Ricardo S. Martinez. (PM)
January 21, 2021 Opinion or Order Filing 98 ORDER granting Parties' 97 Stipulated Motion to Continue Trial Date and Related Dates. Jury Trial is CONTINUED to 6/14/2021 at 09:00 AM before Judge Ricardo S. Martinez. Dispositive motions due by 3/18/2021, 39.1 mediation to be completed by 4/28/2021, Motions in Limine due by 5/19/2021, Agreed Pretrial Order due by 6/2/2021, Voir dire/jury instructions/trial briefs due by 6/9/2021. Signed by Judge Ricardo S. Martinez. (PM)
October 7, 2020 Opinion or Order Filing 96 ORDER CONTINUING TRIAL re Parties' 95 Stipulated Motion to Continue Trial Date and Related Dates. Jury Trial is CONTINUED to 5/3/2021 at 09:00 AM before Judge Ricardo S. Martinez. Dispositive motions due by 2/5/2021, 39.1 mediation to be completed by 3/17/2021, Motions in Limine due by 4/7/2021, Agreed Pretrial Order due by 4/22/2021, Voir dire/jury instructions/trial briefs/exhibits due by 4/29/2021. Signed by Judge Ricardo S. Martinez.(PM)
July 21, 2020 Opinion or Order Filing 94 ORDER re Parties' 93 Stipulation. Jury Trial is CONTINUED TO 2/1/2021 at 09:00 AM in Courtroom 13206 before Judge Ricardo S. Martinez. Dispositive motions due by 11/5/2020, 39.1 mediation to be completed by 12/17/2020, Motions in Limine due by 1/7/2021, Agreed Pretrial Order due by 1/22/2021, Voir dire/jury instructions/trial briefs due by 1/29/2021. Signed by Judge Ricardo S. Martinez. (LH)
April 27, 2020 Opinion or Order Filing 92 ORDER re parties' 91 Stipulated Motion to Continue Trial Date and Related Dates. Jury Trial is set for 11/2/2020 at 09:00 AM before Judge Ricardo S. Martinez, Dispositive motions due by 8/6/2020, 39.1 mediation to be completed by 9/18/2020, Motions in Limine due by 10/8/2020, Agreed Pretrial Order due by 10/23/2020, Voir dire/jury instructions/trial briefs due by 10/30/2020. Signed by Judge Ricardo S. Martinez.(PM)
February 12, 2020 Opinion or Order Filing 88 ORDER re 83 Order to Show Cause. Signed by Judge Ricardo S. Martinez. (MW)
January 31, 2020 Opinion or Order Filing 85 STIPULATION AND ORDER Extending Deadline to Respond to Court's Order to Show Cause re parties' 84 Stipulated Motion. The deadline to respond to the Court's Order to Show Cause is extended to 2/7/2020. Signed by Judge Ricardo S. Martinez. (TH)
January 17, 2020 Opinion or Order Filing 83 ORDER TO SHOW CAUSE. Cloanto and Hyperion must each write a short Response informing the Court of the current status of these two cases (C18-381-RSM and C19-683-RSM) and answering the following questions: 1) why these cases should or should not be consolidated, and 2) why Case No. 19-cv-00683-RSM should or should not be stayed pending the resolution of the instant action. The Court hereby finds and ORDERS that the parties shall file these Responses to this Order to Show Cause no later than fourteen (14) days from the date of this Order. Signed by Judge Ricardo S. Martinez. (TH)
October 8, 2019 Opinion or Order Filing 82 STIPULATION AND ORDER to extend trial date and related deadlines re parties' 80 Stipulated Motion: Jury Trial is set for 8/3/2020 at 9:00 AM in Courtroom 13206 before Judge Ricardo S. Martinez. Motions related to discovery due by 3/6/ 2020, Discovery completed by 4/8/2020, Dispositive motions due by 5/7/2020, Mediation per LCR 39.1 held no later than 6/19/2020, Motions in Limine due by 7/9/2020, Pretrial Order due by 7/24/2020, Trial briefs/Proposed voir dire/jury instructions due by 7/31/2020. Signed by Judge Ricardo S. Martinez. (SWT)
June 18, 2019 Opinion or Order Filing 73 ORDER granting 71 Motion to Extend Trial Date and Related Deadlines. Jury Trial is CONTINUED to 4/13/2020 at 09:00 AM before Judge Ricardo S. Martinez. Discovery Motions due by 11/8/2019, Discovery completed by 12/10/2019, Dispositive motions due by 1/8/2020, 39.1 mediation to be completed by 2/21/2020, Motions in Limine due by 3/11/2020, Agreed Pretrial Order due by 3/26/2020, Voir dire/jury instructions/trial briefs due by 4/2/2020. Signed by Judge Ricardo S. Martinez. (PM)
May 16, 2019 Opinion or Order Filing 69 ORDER granting in part and denying in part Defendant Hyperion Entertainment CVBA's 52 Motion to Dismiss in Part. Plaintiffs' First Cause of Action (Breach of Contract) as brought by Plaintiff Cloanto and Seventh Cause of Action (Lanham Act §43(a)) as brought by Plaintiff Cloanto are DISMISSED. Given the procedural history of this case, the Court does not grant Plaintiffs leave to amend the Second Amended Complaint at this time. Signed by Judge Ricardo S. Martinez.(PM)
April 25, 2019 Opinion or Order Filing 68 ORDER denying Plaintiffs' 67 Motion for Partial Reconsideration. Signed by Judge Ricardo S. Martinez. (see order for specifics) (MW)
April 3, 2019 Opinion or Order Filing 63 ORDER denying Plaintiffs' 45 Motion for Preliminary Injunction. Signed by Judge Ricardo S. Martinez. (PM)
December 28, 2018 Opinion or Order Filing 46 ORDER granting the Parties' 44 Stipulated Motion for Leave to File a Second Amended Complaint. Hyperion Entertainment CVBA shall respond to Plaintiffs' Second Amended Complaint within 14-days after service thereof, but no earlier than January 4, 2019. Signed by Judge Ricardo S. Martinez. (PM)
August 22, 2018 Opinion or Order Filing 30 MINUTE ORDER directing Clerk to remove from the Court's motions calendar Defendant Cloanto Corporation's 18 Motion to Dismiss First Amended Complaint, signed by Judge Ricardo S. Martinez. (SWT)
July 30, 2018 Opinion or Order Filing 20 ORDER granting Hyperion Entertainment C.V.B.A.'s motion to consolidate (filed in C18-535, Dkt. #35). This case is hereby transferred to the Honorable Ricardo S. Martinez as related to Hyperion Entertainment C. V.B.A. v. Itec LLC et al., No. C18-0381RSM. All future pleadings shall bear the cause number C18-0381 RSM. Signed by Judge James L. Robart. (PM)
April 27, 2018 Opinion or Order Filing 10 ORDER re: 9 Stipulated Motion Extending Initial Scheduling Dates. FRCP 26f Conference Deadline is 6/29/2018, Initial Disclosure Deadline is 7/6/2018, Combined Joint Status Report and Discovery Plan due by 7/13/2018. Signed by Judge Ricardo S Martinez. (PM)
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Plaintiff: Hyperion Entertainment C.V.B.A.
Represented By: Rhett V Barney
Represented By: Robert J Carlson
Represented By: Sarah E Elsden
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Defendant: Itec, LLC
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Defendant: Amiga, Inc
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Defendant: Amino Development Corporation
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Defendant: Cloanto Corporation
Represented By: Michael G Atkins
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