STIPULATION AND [PROPOSED] ORDER - 1 – 

3:06-cv-05367-RBL 

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HON. RONALD B. LEIGHTO 

IN THE UNITED STATES DISTRICT COURT 

FOR THE WESTERN DISTRICT OF WASHINGTON 

AT TACOMA 

PACTOOL INTERNATIONAL LTD., a 

Washington Corporation 

 Plaintiff, 

 vs. 

DEWALT INDUSTRIAL TOOL CO., a 

Maryland corporation, and KETT TOOL 

COMPANY INC., an Ohio corporation 

 Defendants. 

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CIVIL ACTION NO. 3:06-CV-05367-RBL 

STIPULATION AND ORDER TO 

AMEND THE MINUTE ORDER 

SETTING TRIAL, PRETRIAL 

DATES AND ORDERING 

MEDIATION 

Plaintiff PacTool International, Inc. (“PacTool”) and Defendant Kett Tool Company Inc. 

(“Kett”) file this stipulation to request the Court to amend the Minute Order Setting Trial, 

Pretrial Dates and Ordering Mediation. The parties wish to avoid the significant expense of 

expert reports, remaining discovery, pretrial and trial and to resolve this matter by mediation. 

The parties have been ordered to engage in mediation by January 14, 2008 but would like to 

engage in mediation by October 31, 2007 and modify the Court’s scheduling Order. These 

proposed dates require movement of the trial date presently set. The parties suggest a proposed 

schedule below but understand that the Court may have to set trial at a date significantly different 

than the date proposed. The parties’ proposed schedule is as follows: 

Mediation per CR 39.1 (c)(3) HELD no later than 10/31/2007 

Letter of compliance as to CR 39.1 FILED by 11/8/2007 

Disclosure of expert testimony under FRCP 26(a)(2) is due 1/4/2008 

Case 3:06-cv-05367-BHS Document 25 Filed 09/24/07 Page 1 of 4
STIPULATION AND [PROPOSED] ORDER - 2 – 

3:06-cv-05367-RBL 

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All motions related to discovery must be FILED by 2/22/2008 

Discovery COMPLETED by 3/28/2008 

All dispositive motions must be FILED by 5/2/2008 

Motions in limine must be FILED by 8/11/2008 

Agreed pretrial order OR, if counsel has agreed to dispense 

with the pretrial order, Witness and Exhibit Lists are due on 8/22/2008 

(Jury Trial) Proposed Voir Dire, Jury Instructions and Trial 

Briefs shall be filed by 8/27/2008 

Pretrial conference will be HELD at 08:30 AM on 8/29/2008 

5 DAYS Jury Trial set for 09:30 AM on 9/8/2008 

The parties have agreed to a procedure for exchanging information in preparation for the 

mediation with the hope that this dispute can be resolved at the mediation. We respectfully 

request the Court to enter the attached proposed Order. 

Case 3:06-cv-05367-BHS Document 25 Filed 09/24/07 Page 2 of 4
STIPULATION AND [PROPOSED] ORDER ) -3- 

3:06-cv-05367-RBL 

DORSEY & WHITNEY LLP

U.S. BANK BUILDING CENTRE

1420 FIFTH AVENUE, SUITE 3400

SEATTLE, WASHINGTON 98101

PHONE:(206) 903-8800 

FAX:(206) 903-8820

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DATED this 20th day of September, 2007. 

Respectfully submitted, 

DORSEY & WHITNEY LLP

 /s/ Paul T. Meiklejohn 

Paul T. Meiklejohn, WSBA No. 17477 

Edward W. Bulchis, WSBA No. 5558 

Brett J. Schlameus, WSBA No. 37012 

U.S. Bank Centre 

1420 Fifth Avenue, Suite 3400 

Seattle, WA 98101-4010 

Telephone: (206) 903-8800 

Facsimile: (206) 903-8820 

Attorneys for Plaintiff 

WOOD, HERRON & EVANS, LLP 

 /s/ Gregory F. Ahrens 

Gregory F. Ahrens, Admitted Pro Hac Vice

John Paul Davis, Admitted Pro Hac Vice

2700 Carew Tower 

Cincinnati, OH 45202 

Telephone: (513) 241-2324 (ext. 202) 

Facsimile: (513) 421-7269 

BERESFORD BOOTH PLLC

 /s/ Paul Richard Brown 

Paul Richard Brown, WSBA No. 19357 

145 Third Avenue S., Suite 200 

Edmonds, WA 98020 

Telephone: (425) 776-4100 

Facsimile: (425) 776-1700 

Attorneys For Defendant 

ORDER

 Pursuant to the parties’ Stipulation, the Court’s scheduling Order is amended such that 

the following dates apply: 

Mediation per CR 39.1 (c)(3) HELD no later than 10/31/2007 

Letter of compliance as to CR 39.1 FILED by 11/8/2007 

Disclosure of expert testimony under FRCP 26(a)(2) is due 1/4/2008 

Case 3:06-cv-05367-BHS Document 25 Filed 09/24/07 Page 3 of 4
STIPULATION AND [PROPOSED] ORDER -4- 

3:06-cv-05367-RBL 

DORSEY & WHITNEY LLP

U.S. BANK BUILDING CENTRE

1420 FIFTH AVENUE, SUITE 3400

SEATTLE, WASHINGTON 98101

PHONE:(206) 903-8800 

FAX:(206) 903-8820

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All motions related to discovery must be FILED by 2/22/2008 

Discovery COMPLETED by 3/28/2008 

All dispositive motions must be FILED by 5/2/2008 

Motions in limine must be FILED by 8/11/2008 

Agreed pretrial order OR, if counsel has agreed to dispense 

with the pretrial order, Witness and Exhibit Lists are due on 8/22/2008 

(Jury Trial) Proposed Voir Dire, Jury Instructions and Trial 

Briefs shall be filed by 8/27/2008 

Pretrial conference will be HELD at 08:30 AM on 8/29/2008 

 5 DAYS Jury Trial set for 09:30 AM on 9/8/2008 

IT IS SO ORDERED this 21st day of September, 2007. 

 A

RONALD B. LEIGHTON 

 UNITED STATES DISTRICT JUDGE 

Case 3:06-cv-05367-BHS Document 25 Filed 09/24/07 Page 4 of 4