Kinsale Insurance Company v. Oculus One LLC

• Court: District Court, W.D. Washington
• Decided: August 9, 2023
• Docket: 2:22-cv-01189
• Status: Unknown

Opinion

1 HON. BARBARA J. ROTHSTEIN 2

6 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON 7 AT SEATTLE

9 KINSALE INSURANCE COMPANY, a No. 2:22-cv-1189 foreign insurer; STIPULATED MOTION AND ORDER 10 TO EXTEND DEADLINES Plaintiff, 11 v. 12 OCULUS ONE, LLC d/b/a OCULUS SURVEILLANCE, a Washington limited

13 liability company, EVERGREEN MARKET (WA), INC., a Washington for-profit 14 corporation, EVERGREEN MARKET (RENTON NORTH), INC., a Washington for- profit corporation, ZEBELUM ANNU EL and 15 ANDREA BRIGHT, individually and as a marital community, MICHAEUX RASHAD 16 ERVIN a/k/a ‘EARTHQUAKE’, an individual, DOE CORPORATIONS 1-10, and PAT DOES 17 1-5, Defendants. 18

19 Kinsale Insurance Company, Oculus One, LLC, Evergreen Market (WA), Inc., and 20 Michaeux Ervin (the “Moving Parties”) hereby submit the following Stipulation to extend the 21 current case schedule deadlines by 90 days. 22 I. FACTS 23 Kinsale Insurance Company (“Kinsale”) filed its Second Amended Complaint on January 24 1 4, 2023. Dkt. 29. On January 25, 2023, the Court issued an Order Setting Trial Dates and Related 2 Dates. Dkt. 37. On March 15, 2023, the Court signed an Order dismissing Andrea Bright and 3 Zebelum Annu-EL from this lawsuit. Dk. 40. 4 The Moving Parties are continuing the discovery process and in the infancy of settlement

5 negotiations. Further, the Moving Parties believe as the underlying matter entitled Zebeleum Annu- 6 El v. Evergreen Market (WA) Inc., et al., King County Superior Court, Case No. 22-215040-8 7 KNT (hereinafter, the “Underlying Matter’), progresses, it may shape legal theories relevant to 8 this current lawsuit. In light of the same, and given the upcoming expert disclosure deadline, the 9 Moving Parties agree to a 90-day extension of the current deadlines would be beneficial. The 10 current deadlines are as follows: 11 Event Deadline 12 Reports from expert witnesses August 14, 2023 under FRCP 26(a)(2) 13 Discovery completed by September 13, 2023 14 All dispositive motions must be October 13, 2023 15 filed by All motions in limine must be filed February 5, 2024 16 by 17 Joint Pretrial Statement February 12, 2024 18 Pretrial conference February 26, 2024 19

20 II. STIPULATED RELIEF REQUESTED 21 The Moving Parties have met and conferred regarding the requested extension and agree 22 there is good cause to grant the request. The stipulated requested extensions are as follows: 23 24 1 Event Deadline 2 Reports from expert witnesses November 12, 2023 3 under FRCP 26(a)(2) Discovery completed by December 12, 2023 4 All dispositive motions must be January 11, 2024 5 filed by All motions in limine must be filed May 5, 2024 6 by Joint Pretrial Statement May 12, 2024 7 Pretrial conference May 26, 2024 8

9 III. LEGAL STANDARD 10 Federal Rule of Civil Procedure 6(b)(1)(A) states, in pertinent part, as follows: 11 When an act may or must be done within a specified time, the court 12 may, for good cause, extend the time: … (A) with or without motion or if the court acts, or if a request is made, before the original time 13 or its extension expires ... Fed. R. Civ. P. 6(b)(1)(A). 14 As set forth above, scheduling order may be modified upon a showing of good cause. Fed. 15 R. Civ. P. 16(b)(4). A motion for extension of time filed before a deadline has passed should 16 “normally ... be granted in the absence of bad faith on the part of the party seeking relief or 17 prejudice to the adverse party.” Id. (citing Ahanchian v. Xenon Pictures, Inc., 624 F.3d 1253, 1259 18 (9th Cir. 2010)). 19 IV. GOOD CAUSE EXISTS TO MODIFY THE SCHEDULING ORDER 20 The Moving Parties believe extending the current deadlines by 90-days will allow them 21 time to engage in necessary discovery and continue settlement discussions. Additionally, this 22 would allow the parties to consider settlement prior to incurring the costs of hiring expert witnesses 23 and engaging in discovery, which will include depositions of all relevant parties. 24 1 V. CONCLUSION 2 The Moving Parties respectfully request that this Court modify the current deadlines by 3 90 days to allow the Moving Parties time to discuss settlement and save costs of hiring experts 4 and engaging in extensive discovery.

5 DATED this 8th day of August, 2023.

6 I certify that this document contains 544 words in 7 compliance with Local Civil Rules.

8 9 LETHER LAW GROUP 10 /s/Thomas Lether___________________ Thomas Lether, WSBA #18089 11 1848 Westlake Ave N., Suite 100 Seattle, WA 98109 12 P: 206-467-5444 F: 206-467-5544 tlether@letherlaw.com 13 Attorney for Kinsale Insurance Company

TOUSLEY BRIAN STEPHENS, PLLC 15

/s/ Chase C. Alvord____________________ 16 Chase C. Alvord, WSBA #26080 Rebecca L. Solomon, WSBA #51520 17 1200 Fifth Avenue, Suite 1700 Seattle, WA 98101 18 P: (206) 682-5600 / F: (206) 682-2992 calvord@tousley.com 19 rsolomon@tousley.com Counsel for Oculus One, LLC and 20 Michaeux Rashad Ervin a/k/a ‘Earthquake’

21 MILLER NASH LLP

22 /s/ Seth H. Row______________________ Seth H. Row, WSBA #32905 23 Linda Degman, WSBA # 60301 Lane Conrad, WSBA# 59287 24 1 111 SW Fifth Ave., Suite 3400 Portland, OR 97204 2 P: (503) 224-5858 Seth.row@millernash.com 3 Linda.Degman@MillerNash.com Lane.Conrad@MillerNash.com 4 Counsel for Evergreen Market Renton North and Evergreen Market (WA), Inc. 5

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24 1 II. ORDER

2 Pursuant to the Stipulated Motion, the Court will extend the current case schedule deadlines 3 by 90 days. The Amended Case Scheduling Order is as follows: 4 Event Deadline 5 Reports from expert witnesses November 12, 2023 6 under FRCP 26(a)(2) Discovery completed by December 12, 2023 7 All dispositive motions must be January 12, 2024 8 filed by All motions in limine must be filed May 6, 2024 9 by Joint Pretrial Statement May 13, 2024 10 Pretrial conference May 27, 2024 11

12 In addition, the trial is continued from March 11, 2024 to June 10, 2024. 13 DATED this 9th day of August, 2023. 14

15 A 16 B arbara Jacobs Rothstein 17 U.S. District Court Judge

19 Presented by: 20 LETHER LAW GROUP 21 /s/Thomas Lether___________________ 22 Thomas Lether, WSBA #18089 1848 Westlake Ave N., Suite 100 23 Seattle, WA 98109 P: 206-467-5444 F: 206-467-5544 24 1 tlether@letherlaw.com Attorney for Kinsale Insurance Company 2

3 TOUSLEY BRIAN STEPHENS, PLLC 4 /s/ Chase C. Alvord____________________ 5 Chase C. Alvord, WSBA #26080 Rebecca L. Solomon, WSBA #51520 6 1200 Fifth Avenue, Suite 1700 Seattle, WA 98101 7 P: (206) 682-5600 / F: (206) 682-2992 8 calvord@tousley.com rsolomon@tousley.com 9 Counsel for Oculus One, LLC and Michaeux Rashad Ervin a/k/a ‘Earthquake’ 10 MILLER NASH LLP 11 /s/ Seth H. Row______________________ 12 Seth H. Row, WSBA #32905 Linda Degman, WSBA # 60301 13 Lane Conrad, WSBA# 59287 111 SW Fifth Ave., Suite 3400 14 Portland, OR 97204 15 P: (503) 224-5858 Seth.row@millernash.com 16 Linda.Degman@MillerNash.com Lane.Conrad@MillerNash.com 17 Counsel for Evergreen Market Renton North and Evergreen Market (WA), Inc. 18 19

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