STIPULATED MOTION ADJUSTING 

BRIEFING SCHEDULE AND NOTING 

DATE RE: PLAINTIFF’S MOTION FOR 

ATTORNEYS’ FEES - -NO. C06-5223 FDB 

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UNITED STATES DISTRICT COURT 

WESTERN DISTRICT OF WASHINGTON

R.J. REYNOLDS TOBACCO 

COMPANY, a North Carolina 

Corporation, 

 Plaintiff, 

 v. 

ROB MCKENNA, in his capacity as 

Attorney General of Washington; 

and MERRITT D. LONG, VERA 

ING, and ROGER HOEN in their 

capacities as Members of the 

Washington State Liquor Control 

Board, 

 Defendants. 

NO. C06-5223 FDB 

STIPULATED MOTION ADJUSTING 

BRIEFING SCHEDULE AND 

NOTING DATE RE: PLAINTIFF’S 

MOTION FOR ATTORNEYS’ FEES 

NOTE ON MOTION CALENDAR 

FOR OCTOBER 20, 2006 

 

 

I. STIPULATED MOTION 

 Defendants Rob McKenna, et al., and Plaintiff R.J. Reynolds Tobacco Company, by 

and through their respective counsel, move the court to adjust the noting date for the Plaintiff’s 

motion for attorneys’ fees and the respective briefing dates for the parties as follows: 

Case 3:06-cv-05223-FDB Document 46 Filed 10/12/06 Page 1 of 3
STIPULATED MOTION ADJUSTING 

BRIEFING SCHEDULE AND NOTING 

DATE RE: PLAINTIFF’S MOTION FOR 

ATTORNEYS’ FEES - -NO. C06-5223 FDB 

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 1. Plaintiff’s motion for attorneys’ fees shall be re-noted for November 10, 2006; 

and 

 2. The Defendants’ responsive briefing shall be electronically filed no later than 

October 31, 2006. 

II. DECLARATION OF COUNSEL 

 I, Rene D. Tomisser, hereby declare under penalty of perjury under the laws of the 

State of Washington that the following statements are true and correct: 

 1. I am an attorney admitted to practice in the State of Washington and before this 

court, and I am lead counsel for the Defendants in this cause of action. 

 2. On October 9, 2006, I spoke with counsel for Plaintiff, Mr. Brad Keller, and we 

agreed to the adjustment of Plaintiff’s noting date for the motion for attorneys’ fees and 

briefing schedule as stated above. 

III. ORDER 

 Based upon the stipulation of counsel for the parties, it is so ordered that: 

 

 1. Plaintiff’s motion for attorneys’ fees is renoted for November 10, 2006; and 

 2. Defendants’ response brief is due on October 31, 2006. 

 DATED this 11th day of October 2006. 

A

FRANKLIN D. BURGESS 

UNITED STATES DISTRICT JUDGE 

Case 3:06-cv-05223-FDB Document 46 Filed 10/12/06 Page 2 of 3
STIPULATED MOTION ADJUSTING 

BRIEFING SCHEDULE AND NOTING 

DATE RE: PLAINTIFF’S MOTION FOR 

ATTORNEYS’ FEES - -NO. C06-5223 FDB 

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PROOF OF SERVICE

 I hereby certify that on October 10, 2006, I caused to be electronically filed the 

foregoing document with the Clerk of the Court using the CM/ECF system which will send 

notification of such filing to the following: 

Dennis B. Auerbach dauerbach@cov.com

Bradley S. Keller bkeller@byrneskeller.com

David H. Remes dremes@cov.com

Susan Sackett-Danpullo susand1@atg.wa.gov

William Harrison Walsh wwalsh@byrneskeller.com

 /s/ Rene D. Tomisser 

 RENE D. TOMISSER, WSBA #17509 

 Assistant Attorney General 

 P.O. Box 40126 

 Olympia, WA 98504-0126 

 360-459-6600 

Case 3:06-cv-05223-FDB Document 46 Filed 10/12/06 Page 3 of 3