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ORDER ON MOTIONS - 1

Case No. CV06-0506 MJP

THE HON. MARSHA J. PECHMAN

UNITED STATES DISTRICT COURT 

WESTERN DISTRICT OF WASHINGTON 

AT SEATTLE 

MEDZILLA, INC., 

 Plaintiff, 

v. 

SCISTAFF SERVICES LLC, a New Jersey 

limited liability company; 

LEADINGSCIENCE.COM, a Massachusetts 

sole proprietorship; S.J. McKEARNEY, 

INC., a Massachusetts corporation; and 

SCOTT McKEARNEY, an individual, 

 Defendants. 

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No. CV06-0506-MJP 

ORDER ON MOTIONS TO DISMISS 

FOURTH PARTY COMPLAINT AND 

MOIDFY SCHEDULING ORDER 

S. J. McKEARNEY, INC., a Massachusetts 

corporation, 

 Third-Party Plaintiff, 

 v. 

SCISTAFF SERVICES, LLC, a New Jersey 

limited liability company, 

 Third-Party Defendant.

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 The Court has received and reviewed the Amended Motion to Dismiss Fourth Party 

Complaint Against Scott McKearney (Dkt. No. 82) and Scistaff’s Motion to Modify 

Scheduling Order and Compel Rule 16(b) and 26(f) Conferences (Dkt. No. 90), and all 

Case 2:06-cv-00506-MJP Document 97 Filed 12/10/07 Page 1 of 3
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ORDER ON MOTIONS - 2

Case No. CV06-0506 MJP

responsive pleadings, exhibits and declarations. The Court rules as follows: 

 IT IS ORDERED that the motion to dismiss the fourth party complaint is DENIED. 

 IT IS FURTHER ORDERED that the parties are to meet and confer pursuant to FRCP 

16(b) and 26(f) and file a revised Joint Status Report with the Court by no later than January 

7, 2008 which suggests any modifications to the current case schedule that the parties deem 

appropriate. 

 DATED this 10th day of December, 2007. 

__/s/ Marsha J. Pechman_______________

Hon. Marsha Pechman 

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ORDER ON MOTIONS - 3

Case No. CV06-0506 MJP

DECLARATION OF SERVICE

 I, Taunja VanderVaate, hereby make the following Declaration from personal 

knowledge: On Ocober 19, 2007, I presented the attached document to the Clerk of the Court 

for filing and uploading to the CM/EFC system. In accordance with their ECF registration 

agreement and the Court's rules, the Clerk of the Court will send e-mail notification of such 

filing to the following attorneys: 

 Dennis John McGlothin, WSBA #28177 

Attorneys for Defendants 

OLYMPIC LAW GROUP 

1221 E Pike Street, Suite 205 

Seattle, WA 98122-3930 

Email: dennis@olympiclaw.com

 M. Owen Gabrielson, Esq. 

 Graham & Dunn PC 

 Pier 70 

 2801 Alaskan Way, Suite 300 

 Seattle, WA 98121-1128 

 E-Mail: ogabrielson@grahamdunn.com

 I HEREBY DECLARE UNDER PENALTY OF PERJURY under the laws of the 

United States of America and the State of Washington that the foregoing is true and correct. 

 EXECUTED this 19th day of October, 2007, at Seattle, Washington. 

/s/ Taunja C. VanderVaate________________ 

 Taunja C. VanderVaate 

Case 2:06-cv-00506-MJP Document 97 Filed 12/10/07 Page 3 of 3