Christie v. State of Washington Department of Corrections

Opinion

FOR THE WESTERN DISTRICT OF WASHINGTON AT TACOMA TRINA CHRISTIE, in her Personal Capacity and as Personal Representative of the Estate of NO. 3:22-cv-05692-TMC ANTHONY R. CHRISTIE, deceased; C.C., a minor, in his personal capacity, SECOND STIPULATED MOTION TO CONTINUE CERTAIN PRE-TRIAL Plaintiffs, DEADLINES AND ORDER

v. NOTE ON MOTION CALENDAR: MARCH 4, 2024 OF CORRECTIONS; JULIE MARTIN; ROB HERZOG; KEVIN BOVENCAMP; MARY JO CURREY; JACK WARNER; CHRISTOPHER HALLGREN; STEFAN ROSE; KODY ANGELL; JOHN GEISLER; RADU MURESAN; WILLIAM HALL; DIANNA MULL; ARBEN KULLOJKA; VALARIE HERRINGTON; TROY BUSHEY; AREIG AWAD; JACOB MILLER; ELAINE GRAVATT; and JOHN DOES 1-20,

Defendants. For good cause shown and pursuant to Federal and Local Rule of Civil Procedure 16(b)(6), all Parties to this matter respectfully and jointly move the Court for entry of an order striking the previously set pretrial dates, to be reset, while maintaining the existing trial date. deadlines in the scheduling order. Fed. R. Civ. P. 16(b)(4); see also LCR 16(b)(6). The “good

cause” standard primarily considers the diligence of the party seeking the amendment—the court may modify the pretrial schedule if it cannot reasonably be met despite the diligence of the parties seeking the extension. See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992) (citing Fed. R. Civ. P. 16 advisory committee’s notes (1983 amendment)). Although the existence or degree of prejudice to the opposing party might supply additional considerations for a motion to modify, the focus remains on the moving party’s reasons for seeking modification. Id. at 609. For good cause shown and pursuant to the Court’s Scheduling Order (Dkt. #33) and the Order Setting Jury Trial and Pretrial Dates (Dkt. 51), all parties to this matter stipulate as follows:

1. As of the date of this stipulated motion, six depositions have been taken, written discovery has been exchanged, a stipulated Protective Order has been entered, and the production of responses and documentary materials is underway. Additional depositions are scheduled and pending scheduling, with an understanding that depositions will be substantially completed by the end of March 2024. 2. Under the current case schedule, expert disclosures are due on March 11, 2024, and the discovery cutoff is May 17, 2024. While discovery is proceeding, it has been slowed by both parties’ active and heavy trial schedules. There also exists a need for additional and continued discovery and the experts in this matter will need additional time to complete their reports. 3. Extending the expert disclosure deadline will make it difficult to maintain the

remaining dates on the case schedule order, including the completion of discovery, expert-related motions, and the ability to evaluate the case for potential pretrial mediation. 4. The Parties, having consulted about their schedules to determine mutual schedule as follows:

EVENT CURRENT DEADLINE NEW DEADLINE Expert Disclosures March 11, 2024 April 19, 2024 Rebuttal Expert Disclosures April 8, 2024 May 8, 2024 All motions related to April 19, 2024 May 24, 2024 discovery must be filed by Discovery Deadline May 17, 2024 June 7, 2024 5. By so stipulating, neither Plaintiff nor Defendants consent to discovery above or beyond those permitted by the Federal Rules of Civil Procedure or this Court’s Local Rules. Based upon the stipulation and agreements set forth above, the parties stipulate to the filing of the Agreed Order below. IT IS SO STIPULATED THROUGH COUNSEL OF RECORD. DATED this 6th day of March, 2024. GALANDA BROADMAN, PLLC I certify that this memorandum contains 514 words, in compliance with the Local Civil Rules.

s/ Ryan D. Dreveskracht Ryan D. Dreveskracht, WSBA #42593 R. Joseph Sexton, WSBA #38063 Rachel R. Tobias, WSBA #34111 8606 35th Avenue NE, Suite L1 P.O. Box 15146 Seattle, WA 98115 Phone: (206) 557-7509 Fax: (206) 299-7690 Email: ryan@galandabroadman.com joe@galandabroadman.com rtobias@galandabroadman.com Attorneys for Plaintiff

Attorney General Approved as to form via email

s/Miles F. Russell MILES F. RUSSELL WSBA No. 46968; OID No. 91105 Assistant Attorneys General Torts Division 800 Fifth Avenue, Suite 2000 Seattle, WA 98104-31880 Attorneys for Defendants Email: Milesf.russell@atg.wa.gov

Attorneys for Defendants

Pursuant to the Stipulation above, the Court orders that the deadlines be extended to

reflect the following dates, as agreed by the Parties: EVENT NEW DEADLINE Expert Disclosures April 19, 2024 Rebuttal Expert Disclosures May 8, 2024 All motions related to discovery must be filed by May 24, 2024 Discovery Deadline June 7, 2024 DATED this 6th day of March, 2024. A Tiffany M. Cartwright United States District Judge