1 HONORABLE JAMAL N. WHITEHEAD
5 UNITED STATES DISTRICT COURT 6 FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7
8 SCOTT CARLSON, TYLER PARNELL, NO. 2:22-CV-01739-JNW ALLISON HALLIFAX, SHARON L. DAVIS, 9 and BRIAN ROBILLARD, STIPULATED MOTION AND [PROPOSED] ORDER TO SET NEW 10 Plaintiffs, TRIAL DATE AND CASE SCHEDULE
v. 11 Noted for Consideration:
Friday, February 9, 2024 CITY OF REDMOND, 12 Defendant. 13 I. STIPULATION 14 For good cause shown and pursuant to Federal of Civil Procedure 16(b)(4) and Local Civil 15 Rule 16(b)(6), the parties respectfully and jointly move the Court for entry of an order setting a 16 new case schedule and trial date. 17 For good cause shown and with the Court’s consent, the Court may modify the deadlines 18 in the scheduling order. Fed. R. Civ. P. 16(b)(4); LCR 16(b)(6). The “good cause” standard 19 primarily considers the diligence of the party seeking the amendment: the district court may 20 modify the pretrial schedule if it cannot reasonably be met despite the diligence of the parties 21
STIPULATED MOTION AND [PROPOSED] ORDER TO SET NEW TRIAL DATE AND CHRISTIE LAW GROUP, PLLC CASE SCHEDULE - 1 2100 WESTLAKE AVENUE N., SUITE 206 (Case No. 2:22-CV-01739-JNW) SEATTLE, WA 98109 206-957-9669 1 seeking the extension. See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 2 1992) (citing Fed. R. Civ. P. 16 advisory committee’s notes (1983 amendment)). Although the 3 existence or degree of prejudice to the opposing party might supply additional considerations for 4 a motion to modify, the focus remains on the moving party’s reasons for seeking modification. 5 Johnson, 975 F.2d at 609. 6 Counsel for the parties have been working cooperatively in discovery, have conferred, and 7 agree that good cause exists to grant the relief requested, as set forth below: 8 1. Plaintiffs served supplemental discovery responses on October 10, 2023. Plaintiffs
9 propounded a Third set of Interrogatories and Requests for Production on the City of Redmond on 10 November 3. The City of Redmond served its responses on December 14, and served amended 11 responses correcting an error on December 15. The parties anticipate that there may be additional, 12 limited written discovery. 13 2. The parties have not taken any depositions to date. The parties continue to work 14 and communicate collaboratively to complete discovery. 15 3. Counsel for the City of Redmond have a number of trial conflicts in the fall and 16 winter of 2024. Counsel for the Plaintiffs is unavailable in the month of December due to important 17 personal commitments. 18 4. Counsel for the Plaintiffs intend to associate with out of state counsel to assist with
19 trial of this matter. New counsel will need time to get up to speed on this matter and are working 20 diligently to do so. Plaintiffs intend to file motions to admit counsel pro hac vice shortly. 21
STIPULATED MOTION AND [PROPOSED] ORDER TO SET NEW TRIAL DATE AND CHRISTIE LAW GROUP, PLLC CASE SCHEDULE - 2 2100 WESTLAKE AVENUE N., SUITE 206 (Case No. 2:22-CV-01739-JNW) SEATTLE, WA 98109 206-957-9669 1 5. On Thursday, February 8, 2024, counsel for the parties conferred by telephone and 2 agreed that good cause exists to continue the trial date until early 2025 to complete discovery and 3 permit efficient trial of this matter. 4 Given the above referenced facts, the parties stipulate that good cause exists to set a new 5 case schedule and trial date in this matter. The parties now jointly move the Court for an order to 6 that effect. 7 THEREFORE, IT IS HEREBY STIPULATED AND AGREED AS FOLLOWS: 8 A new case schedule and trial date shall be set as follows1:
9 Event Current Date New Date Disclosure of expert testimony under FRCP 10 February 12, 2024 August 2, 2024 26(a)(2) 11 Disclosure of rebuttal expert testimony under March 13, 2024 August 30, 2024 FRCP 26(a)(2) 12 All motions related to discovery must be filed by and noted on the motion calendar no later March 13, 2024 September 3, 2024 13 than the third Friday thereafter (see LCR 7(d)) Discovery completed by April 12, 2024 October 3, 2024 14 All dispositive motions must be filed by and 15 noted on the motion calendar no later than the May 13, 2024 November 1, 2024 fourth Friday thereafter (see LCR 7(d)) 16 All motions related to expert witnesses (e.g., a Daubert motion) must be filed by and noted June 27, 2024 November 1, 2024 17 on the motion calendar no later than the third Friday thereafter (see LCR 7(d)) 18 Settlement Conference under LCR 39.1, if July 11, 2024 January 3, 2025 requested by parties, held no later than 19 20 21 1 The following dates are proposed, subject to the Court’s availability.
STIPULATED MOTION AND [PROPOSED] ORDER TO SET NEW TRIAL DATE AND CHRISTIE LAW GROUP, PLLC CASE SCHEDULE - 3 2100 WESTLAKE AVENUE N., SUITE 206 (Case No. 2:22-CV-01739-JNW) SEATTLE, WA 98109 206-957-9669 1 Event Current Date New Date All motions in limine should be filed by and 2 noted on the motion calendar no later than the July 31, 2024 January 24, 2025 Friday before the Pretrial Conference. (See 3 LCR 7(d)(4)) 4 Trial Briefs due August 26, 2024 February 17, 2025 5 Agreed Pretrial Order due2 August 19, 2024 February 10, 2025 6 Proposed Findings of Fact and Conclusions of February 17 10, Law, and designations of deposition August 19, 2024 2025 7 testimony pursuant to CR32(e) due Pretrial conference to be held at 10:00am on September 4, 2024 February 21, 2025 8 10 DAY BENCH TRIAL set for 9:00am September 9, 2024 March 3, 2025 9
10 IT IS SO STIPULATED THROUGH COUNSEL OF RECORD. 11 DATED this 9th day of February, 2024. 12 By: /s/ Robert L. Christie By: _/s/ Tracy Tribbett__________ Robert L. Christie, WSBA #10895 Tracy Tribbett, WSBA #35922 13 John W. Barry, WSBA #55661 Pacific Justice Institute Christie Law Group, PLLC 6400 Three Rivers Drive 14 2100 Westlake Ave. N., Ste. 206 Pasco, WA 99301 Seattle, WA 98109 Telephone: 509-713-9868 15 Telephone: 206.957.9669 Email: ttribbett@pji.org Email: bob@christielawgroup.com 16 john@christielawgroup.com Attorney for Plaintiffs
17 Attorneys for Defendant
18 I certify that this memorandum contains 761 words, in compliance with the 19 Local Civil Rules.
21 2 The Agreed Pretrial Order shall be filed in CM/ECF and shall also be attached as a Word compatible file to an e−mail sent to the following address: WhiteheadOrders@wawd.uscourts.gov.
STIPULATED MOTION AND [PROPOSED] ORDER TO SET NEW TRIAL DATE AND CHRISTIE LAW GROUP, PLLC CASE SCHEDULE - 4 2100 WESTLAKE AVENUE N., SUITE 206 (Case No. 2:22-CV-01739-JNW) SEATTLE, WA 98109 206-957-9669 1 II. PROPOSED ORDER
2 THIS MATTER having come on regularly for hearing upon the stipulation of the parties 3 above contained, and the Court being fully advised in the premises, now, therefore, it is hereby 4 ORDERED that the following trial date and case schedule shall be set: 5 Event Current Date New Date Disclosure of expert testimony under FRCP 6 February 12, 2024 August 2, 2024 26(a)(2) 7 Disclosure of rebuttal expert testimony under March 13, 2024 August 30, 2024 FRCP 26
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1 HONORABLE JAMAL N. WHITEHEAD
5 UNITED STATES DISTRICT COURT 6 FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7
8 SCOTT CARLSON, TYLER PARNELL, NO. 2:22-CV-01739-JNW ALLISON HALLIFAX, SHARON L. DAVIS, 9 and BRIAN ROBILLARD, STIPULATED MOTION AND [PROPOSED] ORDER TO SET NEW 10 Plaintiffs, TRIAL DATE AND CASE SCHEDULE
v. 11 Noted for Consideration:
Friday, February 9, 2024 CITY OF REDMOND, 12 Defendant. 13 I. STIPULATION 14 For good cause shown and pursuant to Federal of Civil Procedure 16(b)(4) and Local Civil 15 Rule 16(b)(6), the parties respectfully and jointly move the Court for entry of an order setting a 16 new case schedule and trial date. 17 For good cause shown and with the Court’s consent, the Court may modify the deadlines 18 in the scheduling order. Fed. R. Civ. P. 16(b)(4); LCR 16(b)(6). The “good cause” standard 19 primarily considers the diligence of the party seeking the amendment: the district court may 20 modify the pretrial schedule if it cannot reasonably be met despite the diligence of the parties 21
STIPULATED MOTION AND [PROPOSED] ORDER TO SET NEW TRIAL DATE AND CHRISTIE LAW GROUP, PLLC CASE SCHEDULE - 1 2100 WESTLAKE AVENUE N., SUITE 206 (Case No. 2:22-CV-01739-JNW) SEATTLE, WA 98109 206-957-9669 1 seeking the extension. See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 2 1992) (citing Fed. R. Civ. P. 16 advisory committee’s notes (1983 amendment)). Although the 3 existence or degree of prejudice to the opposing party might supply additional considerations for 4 a motion to modify, the focus remains on the moving party’s reasons for seeking modification. 5 Johnson, 975 F.2d at 609. 6 Counsel for the parties have been working cooperatively in discovery, have conferred, and 7 agree that good cause exists to grant the relief requested, as set forth below: 8 1. Plaintiffs served supplemental discovery responses on October 10, 2023. Plaintiffs
9 propounded a Third set of Interrogatories and Requests for Production on the City of Redmond on 10 November 3. The City of Redmond served its responses on December 14, and served amended 11 responses correcting an error on December 15. The parties anticipate that there may be additional, 12 limited written discovery. 13 2. The parties have not taken any depositions to date. The parties continue to work 14 and communicate collaboratively to complete discovery. 15 3. Counsel for the City of Redmond have a number of trial conflicts in the fall and 16 winter of 2024. Counsel for the Plaintiffs is unavailable in the month of December due to important 17 personal commitments. 18 4. Counsel for the Plaintiffs intend to associate with out of state counsel to assist with
19 trial of this matter. New counsel will need time to get up to speed on this matter and are working 20 diligently to do so. Plaintiffs intend to file motions to admit counsel pro hac vice shortly. 21
STIPULATED MOTION AND [PROPOSED] ORDER TO SET NEW TRIAL DATE AND CHRISTIE LAW GROUP, PLLC CASE SCHEDULE - 2 2100 WESTLAKE AVENUE N., SUITE 206 (Case No. 2:22-CV-01739-JNW) SEATTLE, WA 98109 206-957-9669 1 5. On Thursday, February 8, 2024, counsel for the parties conferred by telephone and 2 agreed that good cause exists to continue the trial date until early 2025 to complete discovery and 3 permit efficient trial of this matter. 4 Given the above referenced facts, the parties stipulate that good cause exists to set a new 5 case schedule and trial date in this matter. The parties now jointly move the Court for an order to 6 that effect. 7 THEREFORE, IT IS HEREBY STIPULATED AND AGREED AS FOLLOWS: 8 A new case schedule and trial date shall be set as follows1:
9 Event Current Date New Date Disclosure of expert testimony under FRCP 10 February 12, 2024 August 2, 2024 26(a)(2) 11 Disclosure of rebuttal expert testimony under March 13, 2024 August 30, 2024 FRCP 26(a)(2) 12 All motions related to discovery must be filed by and noted on the motion calendar no later March 13, 2024 September 3, 2024 13 than the third Friday thereafter (see LCR 7(d)) Discovery completed by April 12, 2024 October 3, 2024 14 All dispositive motions must be filed by and 15 noted on the motion calendar no later than the May 13, 2024 November 1, 2024 fourth Friday thereafter (see LCR 7(d)) 16 All motions related to expert witnesses (e.g., a Daubert motion) must be filed by and noted June 27, 2024 November 1, 2024 17 on the motion calendar no later than the third Friday thereafter (see LCR 7(d)) 18 Settlement Conference under LCR 39.1, if July 11, 2024 January 3, 2025 requested by parties, held no later than 19 20 21 1 The following dates are proposed, subject to the Court’s availability.
STIPULATED MOTION AND [PROPOSED] ORDER TO SET NEW TRIAL DATE AND CHRISTIE LAW GROUP, PLLC CASE SCHEDULE - 3 2100 WESTLAKE AVENUE N., SUITE 206 (Case No. 2:22-CV-01739-JNW) SEATTLE, WA 98109 206-957-9669 1 Event Current Date New Date All motions in limine should be filed by and 2 noted on the motion calendar no later than the July 31, 2024 January 24, 2025 Friday before the Pretrial Conference. (See 3 LCR 7(d)(4)) 4 Trial Briefs due August 26, 2024 February 17, 2025 5 Agreed Pretrial Order due2 August 19, 2024 February 10, 2025 6 Proposed Findings of Fact and Conclusions of February 17 10, Law, and designations of deposition August 19, 2024 2025 7 testimony pursuant to CR32(e) due Pretrial conference to be held at 10:00am on September 4, 2024 February 21, 2025 8 10 DAY BENCH TRIAL set for 9:00am September 9, 2024 March 3, 2025 9
10 IT IS SO STIPULATED THROUGH COUNSEL OF RECORD. 11 DATED this 9th day of February, 2024. 12 By: /s/ Robert L. Christie By: _/s/ Tracy Tribbett__________ Robert L. Christie, WSBA #10895 Tracy Tribbett, WSBA #35922 13 John W. Barry, WSBA #55661 Pacific Justice Institute Christie Law Group, PLLC 6400 Three Rivers Drive 14 2100 Westlake Ave. N., Ste. 206 Pasco, WA 99301 Seattle, WA 98109 Telephone: 509-713-9868 15 Telephone: 206.957.9669 Email: ttribbett@pji.org Email: bob@christielawgroup.com 16 john@christielawgroup.com Attorney for Plaintiffs
17 Attorneys for Defendant
18 I certify that this memorandum contains 761 words, in compliance with the 19 Local Civil Rules.
21 2 The Agreed Pretrial Order shall be filed in CM/ECF and shall also be attached as a Word compatible file to an e−mail sent to the following address: WhiteheadOrders@wawd.uscourts.gov.
STIPULATED MOTION AND [PROPOSED] ORDER TO SET NEW TRIAL DATE AND CHRISTIE LAW GROUP, PLLC CASE SCHEDULE - 4 2100 WESTLAKE AVENUE N., SUITE 206 (Case No. 2:22-CV-01739-JNW) SEATTLE, WA 98109 206-957-9669 1 II. PROPOSED ORDER
2 THIS MATTER having come on regularly for hearing upon the stipulation of the parties 3 above contained, and the Court being fully advised in the premises, now, therefore, it is hereby 4 ORDERED that the following trial date and case schedule shall be set: 5 Event Current Date New Date Disclosure of expert testimony under FRCP 6 February 12, 2024 August 2, 2024 26(a)(2) 7 Disclosure of rebuttal expert testimony under March 13, 2024 August 30, 2024 FRCP 26(a)(2) 8 All motions related to discovery must be filed by and noted on the motion calendar no later March 13, 2024 September 3, 2024 9 than the third Friday thereafter (see LCR 7(d)) Discovery completed by April 12, 2024 October 3, 2024 10 All dispositive motions must be filed by and 11 noted on the motion calendar no later than the May 13, 2024 November 1, 2024 fourth Friday thereafter (see LCR 7(d)) 12 All motions related to expert witnesses (e.g., a Daubert motion) must be filed by and noted June 27, 2024 November 1, 2024 13 on the motion calendar no later than the third Friday thereafter (see LCR 7(d)) 14 Settlement Conference under LCR 39.1, if July 11, 2024 January 3, 2025 requested by parties, held no later than 15 All motions in limine should be filed by and noted on the motion calendar no later than the 16 Friday before the Pretrial Conference. (See July 31, 2024 January 24, 2025 LCR 7(d)(4)) 17 Trial Briefs due August 26, 2024 February 17, 2025 18 Agreed Pretrial Order due3 August 19, 2024 February 10, 2025 19 20
21 3 The Agreed Pretrial Order shall be filed in CM/ECF and shall also be attached as a Word compatible file to an e−mail sent to the following address: WhiteheadOrders@wawd.uscourts.gov.
STIPULATED MOTION AND [PROPOSED] ORDER TO SET NEW TRIAL DATE AND CHRISTIE LAW GROUP, PLLC CASE SCHEDULE - 5 2100 WESTLAKE AVENUE N., SUITE 206 (Case No. 2:22-CV-01739-JNW) SEATTLE, WA 98109 206-957-9669 1 Event Current Date New Date Proposed Findings of Fact and Conclusions of 2 February 17 10, Law, and designations of deposition August 19, 2024 2025 testimony pursuant to CR32(e) due 3 Pretrial conference to be held at 10:00am on September 4, 2024 February 21, 2025 4 10 DAY BENCH TRIAL set for 9:00am September 9, 2024 March 3, 2025 5
7 ENTERED this 16th day of February, 2024. 8 A 9 Jamal N. Whitehead United States District Judge 10
11 Presented by:
12 By: /s/ Robert L. Christie By: _/s/ Tracy Tribbett__________ Robert L. Christie, WSBA #10895 Tracy Tribbett, WSBA #35922 13 John W. Barry, WSBA #55661 Pacific Justice Institute Christie Law Group, PLLC 6400 Three Rivers Drive 14 2100 Westlake Ave. N., Ste. 206 Pasco, WA 99301 Seattle, WA 98109 Telephone: 509-713-9868 15 Telephone: 206.957.9669 Email: ttribbett@pji.org Email: bob@christielawgroup.com 16 john@christielawgroup.com Attorney for Plaintiffs
19 20 21
STIPULATED MOTION AND [PROPOSED] ORDER TO SET NEW TRIAL DATE AND CHRISTIE LAW GROUP, PLLC CASE SCHEDULE - 6 2100 WESTLAKE AVENUE N., SUITE 206 (Case No. 2:22-CV-01739-JNW) SEATTLE, WA 98109 206-957-9669