Gale Force Nine LLC v. Wizards of the Coast LLC

Opinion

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5 UNITED STATES DISTRICT COURT 6 WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 9 Plaintiff, CASE NO. 2:20-cv-01700-RAJ-BAT v. FOR TEMPORARY WIZARDS OF THE COAST LLC, 12 Defendant. 13 Before the Court is the Report and Recommendation of the Honorable Brian A. 14 Tsuchida, United States Magistrate Judge, Dkt. # 21, on Plaintiff’s Motion for Temporary 15 Restraining Order (“TRO”), Dkt. # 4. Given the expedited nature of the motion and relief 16 sought, Judge Tsuchida accelerated the deadline for filing objections to the Report and 17 Recommendation (“R&R”) to no later than Monday, November 30, 2020, five days after 18 the R&R was filed. Plaintiff timely filed its objections. Dkt. # 22. 19 20 Consistent with the accelerated schedule, the Court determines that it may 21 consider the R&R and rule on the TRO before Defendant’s response is due, which would 22 be due 13 days after objections are filed pursuant to LCR 72(b). This departure from the 23 local rule is warranted given the expedited nature of the motion and relief sought and 1 does not affect the substantial rights of either party. See Prof'l Programs Grp. v. Dep't of 2 Commerce, 29 F.3d 1349, 1353 (9th Cir. 1994) (holding that a departure from 3 the local rules is justified only if the effect of such departure is slight, and that a court’s 4 departure from local rules affecting a party’s “substantial rights” requires reversal). 5 Having reviewed the R&R, objections to it, and remaining records, the Court finds 6 and ORDERS: 7 (1) The Court ADOPTS the Report and Recommendation. Dkt. # 21. 8 (2) Plaintiff’s Motion for Temporary Restraining Order, Dkt. # 4, is DENIED. 9 (3) The Clerk is directed to send copies of this Order to the parties and to Judge 10 Tsuchida. 11 12 DATED this 2nd day of December, 2020. 13 A

14 The Honorable Richard A. Jones 15 United States District Judge

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