Ferrie v. Woodford Research LLC

Opinion

THE HONORABLE RONALD B. LEIGHTON

WESTERN DISTRICT OF WASHINGTON DOUGLAS FERRIE, an individual, NO. 3:19-cv-05798-RBL

Plaintiff, STIPULATED MOTION AND ORDER TO STAY PROCEEDINGS PENDING vs. MEDIATION

WOODFORD RESEARCH, LLC, a Kentucky limited liability company; HUBERT SENTERS, an individual; KAREN ARVIN, an individual; ROSS GIVENS, an individual; JARED CARTER, an individual; DPT INNOVATIONS, LLC d/b/a ARBITRAGING.CO, a foreign company; DAVID PETERSON a/k/a JEREMY ROUNSVILLE, an individual; HORIZON TRUST COMPANY, LLC, a foreign limited liability company; GREG HERLEAN, an individual; DANIEL ENSIGN, an individual; INFOGENESIS CONSULTING GROUP, LLC; a Nevada limited liability company; KURT F. WEINRICH, SR., an individual,

Defendants.

Plaintiff, Douglas Ferrie, and Defendants, Woodford Research LLC, Hubert Senters, Karen Arvin, Ross Givens, Jared Carter, Horizon Trust Company LLC, Greg Herlean, Infogenesis Consulting Group LLC, and Kurt Weinrich, Sr., by and through their counsel, have been conferring and have determined that their dispute is amenable to mediation. As such, pursuant to LCR 10(g) and 39.1(c)(1) they now jointly seek a short stay of proceedings to allow the mediation to take place. This District encourages early and less expensive approaches to resolving disputes, finding that “the use of alternative dispute resolution procedures promotes timely and affordable justice while reducing calendar congestion.” LCR 39.1(a)(1); see also 28 U.S.C. § 651, et seq. “The power to stay proceedings is incidental to the power inherent in every court to control the disposition of the causes on its docket with economy of time and effort for itself, for counsel, and for litigants.” Landis v N. Am. Co., 299 U.S. 248, 254, 57 S. Ct. 163, 81 L. Ed. 153 (1936). In exercising this power, the Court must “weigh competing interests and maintain an even balance.” Id. at 255. Five factors inform the Court’s decision: (1) the plaintiff’s interests in proceeding expeditiously with the action balanced against prejudice to the plaintiff resulting from the delay; (2) the burden on defendants; (3) the convenience to the Court; (4) the interests of any non-parties to the civil litigation; and (5) the public interest. Koulouris v. Builders Fence Co., 146 F.R.D. 193, 194 (W.D. Wash. 1991). Here, the Parties move jointly to stay proceedings until mid-December pending the outcome of a good-faith attempt to resolve or narrow their dispute with the help of a mediator. Many defendants have not yet answered,1 discovery has not yet commenced, and no trial date has been set. Under these circumstances, neither Plaintiff nor the moving Defendants will be prejudiced or unduly burdened by the requested stay. Further, mediation has the potential to save the Court time and promote judicial efficiency. Finally, the moving parties are aware of no non-parties with particular interests that would be impacted by the stay. Plaintiff and the moving Defendants therefore respectfully request that the Court vacate the pending deadlines

1 Defendants Woodford Research, LLC, Hubert Senters, Karen Arvin, Ross Givens, and Jared Carter filed an Answer with Affirmative Defenses to Plaintiff’s complaint on September 30, 2019. Dkt. # 12. and stay proceedings until December 20, 2019. If no resolution is achieved, the Parties will advise the Court and seek a status conference. RESPECTFULLY SUBMITTED AND DATED this 15th day of November, 2019.

TERRELL MARSHALL LAW RUSSELL LAW OFFICES

By: /s/ Beth E. Terrell, WSBA #26759 By: /s/ Robie G. Russell, WSBA #20579 Beth E. Terrell, WSBA #26759 Robie G. Russell, WSBA #20579 Email: bterrell@terrellmarshall.com Email: robielaw@gmail.com 936 North 34th Street, Suite 300 77 South Main Street Seattle, Washington 98103-8869 Seattle, Washington 98104-2513 Telephone: (206) 816-6603 Telephone: (206) 621-2102 Facsimile: (206) 319-5450 Attorneys for Defendants InfoGenesis David C. Silver Consulting Group, LLC and Kurt F. Email: dsilver@silvermillerlaw.com Weinrich, Sr. Jason S. Miller Email: jmiller@silvermillerlaw.com Todd R. Friedman Email: tfriedman@silvermillerlaw.com 11780 West Sample Road Coral Springs, Florida 33065 Telephone: (954) 516-6000

Attorneys for Plaintiff

By: /s/ Aaron E. Millstein, WSBA #44135 By: /s/ Marjorie A. Walter, WSBA #40078 Michael D. McKay, WSBA #7040 Michael E. Kipling, WSBA #7677 Email: mike.mckay@klgates.com Email: mike@walterkipling.com Aaron E. Millstein, WSBA #44135 Marjorie A. Walter, WSBA #40078 Email: aaron.millstein@klgates.com Email: marjorie@walterkipling.com Daniel-Charles V. Wolf, WSBA #48211 1546 NW 56th Street, Suite 735 Email: dc.wolf@klgates.com Seattle, Washington 98107 925 4th Avenue, Suite 2900 Telephone: (206) 545-0347 Seattle, Washington 98104-1158 Telephone: (206) 623-7580 Attorneys for Defendants Greg Herlean and Horizon Trust Company LLC Attorneys for Defendants Woodford Research, LLC, Hubert Senters, Karen Arvin, Ross Givens, and Jared Carter ORDER

IT IS SO ORDERED that the pending deadlines are vacated, and proceedings are stayed until December 20, 2019, at which time the parties will advise the Court and seek a status conference.

Dated this 15th day of November, 2019. A Ronald B. Leighton United States District Judge