1 Hon. Barbara J. Rothstein 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE 9 CHERYL BAIR, an individual, No. C19-998-BJR 10 Plaintiff, vs. STIPULATED MOTION AND 11 SNOHOMISH COUNTY, BERLIN ORDER TO MODIFY THE KOFOED, DOES I-X, SCHEDULING ORDER 12 Defendants. 13 14 I. RELIEF REQUESTED 15 Jointly, Plaintiff and Defendants respectfully ask the Court to modify its Scheduling 16 Order, Dkt. 35, to postpone the current deadlines for expert disclosure, discovery cut-off, and 17 18 discovery motions by one month. The expert disclosure deadline is currently set for July 27, 19 2020; the parties propose moving this date to August 26, 2020. The discovery cut-off date 20 and discovery motions date are currently set for August 26, 2020; the parties propose moving 21 these deadlines to September 28, 2020. The parties do not anticipate needing to change any 22 of the additional deadlines in the Court’s scheduling order at this time and, as detailed below, 23 the parties have good cause for seeking a modification of the Court’s scheduling order. 24 25 II. STATEMENT OF FACTS Plaintiff originally filed a complaint against Defendant Snohomish County and 1 previously named Defendant Berlin Kofoed in the Snohomish County Superior Court. Dkt. 2 3 1. The case was subsequently removed to this Court on June 26, 2019. Id. Plaintiff filed her 4 first Amended Complaint on August 6, 2019. At that time, this Court published its Order 5 Setting Trial Date & Related Dates, establishing deadlines for Expert Witness 6 Disclosure/Reports, Discovery completion, and the initial trial date of October 26, 2020. Dkt. 7 13. 8 Plaintiff subsequently moved to modify the scheduling order to extend the deadlines 9 for joining additional parties and filing amended pleadings, which the court granted. Dkt. 19. 10 11 Plaintiff added eight additional defendants. Dkt. 18. Because of the introduction of the new 12 defendants, the parties filed a stipulated motion to modify the scheduling order to amend the 13 trial date from October 26, 2020 to February of 2021. Dkt. 33. The Court granted the parties’ 14 motion, Dkt. 35, and subsequently granted an order regarding additional pretrial deadlines, 15 Dkt. 46. Pursuant to those orders, the current deadline for expert disclosure and exchange of 16 reports is July 27, 2020; the current deadline for filing motions related to discovery is August 17 26, 2020; and the current discovery cut-off is also August 26, 2020. 18 19 The parties have all exchanged written discovery requests and Plaintiff has taken the 20 deposition of some of the Snohomish County witnesses. Bosch Decl., ¶ 2. On June 17, 2020, 21 Plaintiff served a Fed. R. Civ. P. 30(b)(6) notice on Snohomish County, which was comprised 22 of five topics with fifteen or more subparts; the deposition was noted for July 20, 2020. Id., 23 ¶ 3. The following week, counsel for Defendant Snohomish County was furloughed. Bosch 24 Decl., ¶ 4. The parties conferred regarding discovery matters on Wednesday, July 2, 2020. 25 Id., ¶ 5. During the conference, the parties discussed that it would likely not be feasible to 1 produce deponents to speak to all of the subjects contained within Plaintiff’s Fed. R. Civ. P. 2 3 30(b)(6) notice by July 20, 2020. The parties agreed that by seeking a one-month extension, 4 the parties could complete the requisite discovery in this case. Id., ¶ 6. 5 III. ISSUED PRESENTED 6 Should the Court modify the Order Setting Trial Date and Related Dates to reflect a 7 new date for expert disclosure, discovery cut-off, and discovery related motions? 8 IV. EVIDENCE RELIED UPON 9 This motion relies upon the Declaration of Katherine Bosch in Support of this 10 11 Stipulated Motion to Modify Scheduling Order, and the pleadings, declarations, and other 12 evidence previously filed in this case. 13 V. ARGUMENT 14 This Court should extend the deadlines for expert disclosure, discovery cut off, and 15 discovery-related motions by one month, as the parties have good cause for seeking such an 16 extension. “Federal Rule of Civil Procedure 16(b) gives district courts wide latitude in 17 entering scheduling orders.” Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 607-08 18 19 (9th Cir. 1992). Once entered, district courts may modify scheduling orders upon a showing 20 of “good cause.” Fed. R. Civ. P. 16(b). Good cause primarily considers the diligence of the 21 party seeking extension of the deadlines. “[T]he focus of the inquiry is upon the moving 22 party’s reasons for seeking modifications.” Johnson, 975 F.2d at 609. 23 The focus of the good cause analysis rests on “the diligence of the party seeking the 24 extension.” Id. Thus, the issue under Rule 16(b) is whether the “pretrial schedule . . . cannot 25 reasonably be met despite the diligence of the party seeking the extension.” Id. (internal 1 quotations omitted). In the present case, Plaintiff recently propounded a Fed. R. Civ. P. 2 3 30(b)(6) notice which covers a multitude of wide-ranging topics, requiring Defendant 4 Snohomish County to prepare multiple representatives of the County to be deposed. Bosch 5 Decl., ¶ 5. The current deadline for expert disclosure, July 27, 2020, does not afford the 6 County sufficient time to prepare for such depositions before the expert disclosure deadline, 7 as the parties wish to be able to supply the transcripts of these depositions to their experts 8 prior to the deadline to exchange reports. 9 Additionally, the parties have been discussing the setting of additional depositions but 10 11 have encountered hurtles to scheduling those depositions as a result of COVID-19 restrictions. 12 For example, Defendants seek to depose many of Plaintiff’s medical providers, but due to 13 COVID-19 restrictions, some of the proposed deponents are not in the office and have been 14 difficult to get into contact with. Bosch Decl., ¶ 5. Defendants continue to diligently contact 15 Plaintiff’s medical providers in an effort to timely schedule depositions. A one-month 16 extension of the expert and discovery deadlines in this case would allow the parties sufficient 17 time to conduct discovery needed to inform the parties’ experts and to prepare for and conduct 18 19 the necessary depositions in this case. 20 VI. CERTIFICATE OF CONFERRAL 21 The parties, by and through their respective counsel, have met and conferred pursuant 22 to Section II.C. of the Standing Order for Civil Cases, and all parties are in agreement in 23 seeking this motion. 24
25 VII. CONCLUSION 1 For the foregoing reasons, parties ask the Court to extend the expert disclosure 2 3 deadline currently set for July 27, 2020 to August 26, 2020. The parties also ask the Court to 4 extend the discovery cut-off date and discovery motions date currently set for August 26, 2020 5 to September 28, 2020. The parties do not seek a modification of any of the additional 6 deadlines in the Court’s scheduling order. 7
8 9 DATED this _6th _ day of July 2020. DATED this _6th _ day of July 2020.
10 FAIN ANDERSON VanDERHOEF ADAM CORNELL ROSENDAHL O’HALLORAN Snohomish County Prosecuting Attorney 11 SPILLANE, PLLC 12 By: __/s/ Emory C. Wogenstahl____ By: _ /s/ Katherine Bosch ___________ 13 JENNIFER SMITROVICH, WSBA BRIDGET CASEY, WSBA # 30459 #37062 KATHERINE BOSCH, WSBA #43122 14 EMORY C.
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1 Hon. Barbara J. Rothstein 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE 9 CHERYL BAIR, an individual, No. C19-998-BJR 10 Plaintiff, vs. STIPULATED MOTION AND 11 SNOHOMISH COUNTY, BERLIN ORDER TO MODIFY THE KOFOED, DOES I-X, SCHEDULING ORDER 12 Defendants. 13 14 I. RELIEF REQUESTED 15 Jointly, Plaintiff and Defendants respectfully ask the Court to modify its Scheduling 16 Order, Dkt. 35, to postpone the current deadlines for expert disclosure, discovery cut-off, and 17 18 discovery motions by one month. The expert disclosure deadline is currently set for July 27, 19 2020; the parties propose moving this date to August 26, 2020. The discovery cut-off date 20 and discovery motions date are currently set for August 26, 2020; the parties propose moving 21 these deadlines to September 28, 2020. The parties do not anticipate needing to change any 22 of the additional deadlines in the Court’s scheduling order at this time and, as detailed below, 23 the parties have good cause for seeking a modification of the Court’s scheduling order. 24 25 II. STATEMENT OF FACTS Plaintiff originally filed a complaint against Defendant Snohomish County and 1 previously named Defendant Berlin Kofoed in the Snohomish County Superior Court. Dkt. 2 3 1. The case was subsequently removed to this Court on June 26, 2019. Id. Plaintiff filed her 4 first Amended Complaint on August 6, 2019. At that time, this Court published its Order 5 Setting Trial Date & Related Dates, establishing deadlines for Expert Witness 6 Disclosure/Reports, Discovery completion, and the initial trial date of October 26, 2020. Dkt. 7 13. 8 Plaintiff subsequently moved to modify the scheduling order to extend the deadlines 9 for joining additional parties and filing amended pleadings, which the court granted. Dkt. 19. 10 11 Plaintiff added eight additional defendants. Dkt. 18. Because of the introduction of the new 12 defendants, the parties filed a stipulated motion to modify the scheduling order to amend the 13 trial date from October 26, 2020 to February of 2021. Dkt. 33. The Court granted the parties’ 14 motion, Dkt. 35, and subsequently granted an order regarding additional pretrial deadlines, 15 Dkt. 46. Pursuant to those orders, the current deadline for expert disclosure and exchange of 16 reports is July 27, 2020; the current deadline for filing motions related to discovery is August 17 26, 2020; and the current discovery cut-off is also August 26, 2020. 18 19 The parties have all exchanged written discovery requests and Plaintiff has taken the 20 deposition of some of the Snohomish County witnesses. Bosch Decl., ¶ 2. On June 17, 2020, 21 Plaintiff served a Fed. R. Civ. P. 30(b)(6) notice on Snohomish County, which was comprised 22 of five topics with fifteen or more subparts; the deposition was noted for July 20, 2020. Id., 23 ¶ 3. The following week, counsel for Defendant Snohomish County was furloughed. Bosch 24 Decl., ¶ 4. The parties conferred regarding discovery matters on Wednesday, July 2, 2020. 25 Id., ¶ 5. During the conference, the parties discussed that it would likely not be feasible to 1 produce deponents to speak to all of the subjects contained within Plaintiff’s Fed. R. Civ. P. 2 3 30(b)(6) notice by July 20, 2020. The parties agreed that by seeking a one-month extension, 4 the parties could complete the requisite discovery in this case. Id., ¶ 6. 5 III. ISSUED PRESENTED 6 Should the Court modify the Order Setting Trial Date and Related Dates to reflect a 7 new date for expert disclosure, discovery cut-off, and discovery related motions? 8 IV. EVIDENCE RELIED UPON 9 This motion relies upon the Declaration of Katherine Bosch in Support of this 10 11 Stipulated Motion to Modify Scheduling Order, and the pleadings, declarations, and other 12 evidence previously filed in this case. 13 V. ARGUMENT 14 This Court should extend the deadlines for expert disclosure, discovery cut off, and 15 discovery-related motions by one month, as the parties have good cause for seeking such an 16 extension. “Federal Rule of Civil Procedure 16(b) gives district courts wide latitude in 17 entering scheduling orders.” Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 607-08 18 19 (9th Cir. 1992). Once entered, district courts may modify scheduling orders upon a showing 20 of “good cause.” Fed. R. Civ. P. 16(b). Good cause primarily considers the diligence of the 21 party seeking extension of the deadlines. “[T]he focus of the inquiry is upon the moving 22 party’s reasons for seeking modifications.” Johnson, 975 F.2d at 609. 23 The focus of the good cause analysis rests on “the diligence of the party seeking the 24 extension.” Id. Thus, the issue under Rule 16(b) is whether the “pretrial schedule . . . cannot 25 reasonably be met despite the diligence of the party seeking the extension.” Id. (internal 1 quotations omitted). In the present case, Plaintiff recently propounded a Fed. R. Civ. P. 2 3 30(b)(6) notice which covers a multitude of wide-ranging topics, requiring Defendant 4 Snohomish County to prepare multiple representatives of the County to be deposed. Bosch 5 Decl., ¶ 5. The current deadline for expert disclosure, July 27, 2020, does not afford the 6 County sufficient time to prepare for such depositions before the expert disclosure deadline, 7 as the parties wish to be able to supply the transcripts of these depositions to their experts 8 prior to the deadline to exchange reports. 9 Additionally, the parties have been discussing the setting of additional depositions but 10 11 have encountered hurtles to scheduling those depositions as a result of COVID-19 restrictions. 12 For example, Defendants seek to depose many of Plaintiff’s medical providers, but due to 13 COVID-19 restrictions, some of the proposed deponents are not in the office and have been 14 difficult to get into contact with. Bosch Decl., ¶ 5. Defendants continue to diligently contact 15 Plaintiff’s medical providers in an effort to timely schedule depositions. A one-month 16 extension of the expert and discovery deadlines in this case would allow the parties sufficient 17 time to conduct discovery needed to inform the parties’ experts and to prepare for and conduct 18 19 the necessary depositions in this case. 20 VI. CERTIFICATE OF CONFERRAL 21 The parties, by and through their respective counsel, have met and conferred pursuant 22 to Section II.C. of the Standing Order for Civil Cases, and all parties are in agreement in 23 seeking this motion. 24
25 VII. CONCLUSION 1 For the foregoing reasons, parties ask the Court to extend the expert disclosure 2 3 deadline currently set for July 27, 2020 to August 26, 2020. The parties also ask the Court to 4 extend the discovery cut-off date and discovery motions date currently set for August 26, 2020 5 to September 28, 2020. The parties do not seek a modification of any of the additional 6 deadlines in the Court’s scheduling order. 7
8 9 DATED this _6th _ day of July 2020. DATED this _6th _ day of July 2020.
10 FAIN ANDERSON VanDERHOEF ADAM CORNELL ROSENDAHL O’HALLORAN Snohomish County Prosecuting Attorney 11 SPILLANE, PLLC 12 By: __/s/ Emory C. Wogenstahl____ By: _ /s/ Katherine Bosch ___________ 13 JENNIFER SMITROVICH, WSBA BRIDGET CASEY, WSBA # 30459 #37062 KATHERINE BOSCH, WSBA #43122 14 EMORY C. WOGENSTAHL, WSBA Deputy Prosecuting Attorney #53864 Attorney for Defendants Snohomish County, 15 Attorneys for Defendant Hamadi Sisawo Olyntia Sewell, Jodi Martin, Taylor Jones, 16 Robert Ogawa, Scott Lewis, Scott Warnken, and Chicara Chesney 17
18 DATED this _6th _ day of July, 2020. 19 CIVIL RIGHTS JUSTICE CENTER, 20 PLLC
21 By: ___/s/ Darryl Parker___________ 22 DARRYL PARKER, WSBA #30770 23 Attorney for Plaintiff Cheryl Bair
24 25 1 ORDER 2 3 IT IS SO ORDERED that the parties’ Stipulated Motion to Modify the Scheduling 4 Order is APPROVED and GRANTED. The expert disclosure deadline is extended to August 5 26, 2020. The discovery cut-off date and date by which to file discovery deadlines is extended 6 to September 28, 2020. All other deadlines in the Court’s prior scheduling orders remain the 7 same. 8 DATED this 7th day of July, 2020. 9 10 11 _____________________________________ HONORABLE BARBARA J. ROTHSTEIN 12 United States District Court Judge 13 14 15 16 17 18 19 20 21 22 23 24 25