Lister v. Hyatt Corporation

• Court: District Court, W.D. Washington
• Decided: January 16, 2020
• Docket: 2:18-cv-00961
• Status: Unknown

Opinion

i HONORABLE JAMES L. ROBART 2 3 4 .

ORIGINAL

IN THE UNITED STATES DISTRICT COURT © 8 IN AND FOR THE WESTERN DISTRICT OF WASHINGTON 9 || KATHRYN LISTER, an individual, No. 2:18-CV-00961-JLR 10 Plaintiff, PRETRIAL ORDER □ 11 HYATT CORPORATION, a Delaware 12 || corporation d/b/a HY ATT REGENCY BELLEVUE, 13 . Defendant. 14 JURISDICTION 15 Jurisdiction is vested in this Court by virtue of 28 U.S.C. § 1441(a) and 28 U.S.C. §1 16 332(a)(1). |[332@0) i8 CLAIMS AND DEFENSES

19 The Plaintiff will pursue at trial the following claims: 20 1. Negligence. 24 The Defendant will pursue the following claims and/or affirmative defenses at trial: 22 1, Comparative negligence by the Plaintiff; 23 2. Allocation to all at-fault entities, including parties and non-parties, per RCW 24 4,22.070; 25 26 |) PRETRIAL ORDER [2:18-CV- | | MAXWELL.GRAHAM 00961-JLR] - 1 Vi | 535 E SUNSET WAY | G | ISSAQUAH, WA 98027 , 206.527.2000 Lennon REA | GRAHAM.COM

3. Plaintiff's complaints and damages were caused by unrelated pre-existing or

3 subsequent conditions for which Defendant is not legally responsible; 4 4, Plaintiff's damages were caused by unavoidable consequences, acts, or omissions 5 beyond the direction, supervision, or ‘control of Hid Deforidant. 6 ADMITTED FACTS 7 1. Defendant Hyatt Corporation owns the Hyatt Regency Bellevue located in Bellevue | ° Place, which is a mixed-use project located in downtown Bellevue. 2. In addition to the Hyatt Regency Bellevue, a number of other businesses are located

in Bellevue Place, including the 13 Coins Restaurant (“13 Coins”). 12 3. On June 15, 2017, Plaintiff Kathryn Lister went to 13 Coins for coffee and dessert 13 || with her family. 14 4, Lister arrived at 13 Coins restaurant shortly before 11:25pm. . 1S 5. Shortly after arriving at 13 Coins, Lister needed to use the restroom. 6. Lister exited 13 Coins through open double doors to enter the Hyatt lobby to use the restroom which was located in the lobby of the Hyatt hotel.

19 7. Lister walked through the lobby towards the restrooms.

20 8. At 11:55 p.m., Lister rounded a corner to enter the restroom area, and lost her balance 21 || in what she describes as vomit, fell to the floor and was injured. 22 9, Lister fractured her left hip when she fell. 23 10. _—_Lister’s injury required a surgical repair, 11, Between 11:30 pm and midnight on June 15, 2017, the following employees of Defendant Hyatt Corporation were on duty at the front desl in the lobby of the Hyatt Hotel: assistant 26 || PRETRIAL ORDER [2:18-CV- | MAXWELL GRAHAM ona Sune : §=6206.527.2000 semwermeneewe’ MAXWELLGRAHKAM.COM

management trainee Roxanne Taggart-Hugo, night auditor Jaeson Bloom, and night auditor Daniel

3 Ruegel. 4 12.. The shift of Hyatt Regency Bellevue housekeeping staff ends at 11:30 p.m. 5 13. Between 11:30 p.m. and midnight on June 15, 2017, no housekeeping staff were on 6 || duty at the Hyatt Regency Bellevue. 14. Between 11:30 p.m. and midnight on June 15, 2017, no luggage porters were on duty at the Hyatt Regency Bellevue. 15, At 12:00 a.m. on June 16, 2017, the shift ofthe overnight cleaning staff started at the

Hyatt Regency Bellevue. 12 16. On the night of June 15, 2017, Kyle Crandall was employed as a security officer by 13 ||Kemper Freeman Properties. Kemper Freeman Properties provided security services for Bellevue | 14 || Place which includes the Hyatt hotel. IS 17. Kemper Freeman Properties has security cameras which survey the lobby of the ° hotel. The video which has been retained starts at 11:25 p.m. and ends at 12:02 a.m. 18. In the security video Mr. Crandall is seen walking through the lobby of the Hyatt

19 Regency Bellevue twice prior to Lister’s injury. The first time was 23:36:43 and the second time

a9 || was 23:41:50.

21 19. In the security video Mr, Crandall is seen walking through the lobby of the Hyatt 22 || Regency Bellevue a third time after Lister was injured. This took place at 23:59:02. 23 20, Mr. Crandall stepped in what he described as vomit after Ms. Lister’s fall. 21. Thesecurity video shows Hyatt employee Jaeson Bloom walking through the lobby at 23:54:51 as Lister entered the lobby area. . 26 || PRETRIAL ORDER (2:18-CV- | MAXWELL GRAHAM vos □□ 206.527.2000 . Soomennnnmerwoee” MAXWELLGRAHAM.COM

1 22. After Lister was injured, security officer Crandall took a statement from Lister and 2 4 completed an incident report.

4 23. The Court has ruled that Lister’s status was a public invitee while on the premises 5 || ofthe Hyatt even though she was a guest of 13 Coins. . 6 ISSUES OF LAW 7 1. Did the person who vomited on the floor in the Hyatt’s lobby owe a legal duty to 8 . Laster. 9 2. Any additional pretrial motions and motions in limine. 10 3, Evidentiaty rulings at trial.

12 4, Rulings on proposed jury instructions. .

13 □ EXPERT WITNESSES 14 (a) Each party shall be limited to expert witness on the issues of. 15 (b) The name(s) and address of the expert witness(es) to be used by each party at trial and the □

16 issue upon which each will testify if 17 18 (1) On behalf of Plaintiff: 19 Theodore J. Becker, Ph.D. (will testify)

30 11627 Airport Road, Suite H Everett, WA 98204 21 Dr. Becker is an expert in human performance/physical capacity/disability evaluation. Dr. 22 Becker has performed a fictional capacity examination on Plaintiff and will be called to testify 23 regarding this evaluation.

235 26 || PRETRIAL ORDER [2:18-CV- | MAXWELL GRAHAM 00961-JLR]- 4 Vi | 535 E SUNSET WAY i GG ISSAQUAH, WA 98027 §6.206.527.2000 □□□□□□□□□□□□□□□□□□□□□ MAYNEL LORAHAM.COM

1 2 Joellen Gill (will testify) 5 10501 South Lambs Lane Mica, Washington 99023 4 Ms. Gill is a human factors expert. Ms. Gill will testify that, in her professional opinion, 5 contaminant on the floor outside the restroom at the Hyatt created a functionally hidden hazardous 6 4 condition which was the underlying cause of Plaintiff's fall, that Plaintiff's actions or inactions were ord pha. Gl way deatidy g consistent with foreseeable human behavior that Plaintiff was not at fault, aadcthat the Hyatt’s 9 || failure to have or follow an effective safety and risk management program was the. cause of the ye 10 || hazardous condition which caused Plaintiff to fall, ava eadon be Mae Como. 11 James Pritchett, MD (will testify) 12911 120" Avenue NE, Suite H-210 13 Kirkland, WA 98034 . . 14 Dr, Pritchett is Plaintiff's expert orthopedic surgeon. Dr. Pritchett will testify regarding 'S || the nature and extent of Plaintif?’s injuries, including but not limited to, his opinion that Plaintiff 16 suffers a 40 percent disability rating in her hip, now walks with a permanent limp, and should 17 use a cane to prevent further falls. He will testify that the injuries Plaintiff suffered in the fall at 18 19 the Hyatt caused Plaintiffto become a fall risk and are the cause of the falls Plaintiff has suffered

a9 || since the incident, including the fall that injured Plaintiffs rotator cuff. 21 (2) On behalf of Defendant: 22 : Scott Reed, Ph.D. (will testify) 23 Exponent aA 15375 SE 30" Place, Ste. 250 Bellevue, WA 98007 25 425-519-8700 26 |! DRETRIAL ORDER [2:18-CV- | MAXWELL GRAHAM 00961-JLR] - 5 | Bd | §35 E SUNSET WAY Vi G | ISSAQUAH, WA 98027 §6©206.527.2000 " — MAXWELLGRAHAM.COM

J □ . Dr. Reed is expected to testify to his findings about the risk, or absence thereof, of vomit on 2 3 the floor on the Hyatt and to rebut the opinions offered by Plaintiff's expert Gill.

4 Theresa McFarland, MD (will testify) c/o Northwest Medical Experts 5 600 University St., Ste. 2325 Seattle, WA 98101 6 206-926-3756 7 Dr. McFarland is expected to testify to her opinions regarding the nature and extent of the 8 : Plaintiffs injuries, and whether Plaintiff is at risk of future fall injuries. Dr. McFarland is expected 9 to rebut opinions offered by Plaintiffs experts regarding the Plaintiff's injuries and medical 10 treatment. 12 OTHER WITNESSES 13 The names and addresses of witnesses, other than experts, to be used by each party at the 14 || time of trial and the general nature of the testimony of each are: . 1S (a) On behalf of Plaintiff: 16 Kathryn Lister (will testify) 17 c/o Maxwell Graham, PS 535 E Sunset Way 18 Issaquah, WA 98027 . 19 Ms. Lister is the Plaintiff in this matter and will testify. regarding her knowledge the 20 events in question, her understanding of her injuries, and the impact that said injuries have had 21 upon her, 22 . 23 Azzeddine Mouhoub (will testify) c/o Maxwell Graham, PS 535 E Sunset Way . Issaquah, WA 98027 25 26 |! PRETRIAL ORDER [2:18-CV- | MAXWELL GRAHAM 00961-JLR] - 6 | Vi | 6635 E SUNSET WAY ¥ G ISSAQUAH, WA 98027 i | 206.527.2000 ——ereeeennererceel WAE! LO@RAHAM COM

1 . . Mr. Mouhoub is the husband of Plaintiff Kathryn Lister. Mr. Mouhoub will testify |. 5 3 regarding his knowledge of the events in question and the effects the injuries suffered by Plaintiff

4 || have had upon her. 5 Sione Lister (will testify) c/o Maxwell Graham, PS 6 535 E Sunset Way 7 Issaquah, WA 98027 Ms. Lister is the daughter of Plaintiff. Ms. Lister will testify regarding her knowledge of 9 || the events in question, and the effects the injuries suffered by Plaintiff have had upon her. 10 Lisie Monohan (will testify) 755 5" Avenue NW C-103 1 Issaquah, WA 98027 . 12 Lisie is a close family friend of the Lister family and regards Plaintiffas a mother figure. | Ms. Monehan will testify regarding Plaintiff's injuries and the impact they have had on Plaintiff. 14 Jaime Fajordo (will testify) 15 755 5" Avenue NW C-103 □ Issaquah, WA 98027 16 . Jaime is a family friend and was present at the time Plaintiff fell while standing up from 17 a table and tore her rotator cuff. He is aware of Plaintiff's injuries and the impact they have had 18 onher. □ 19 0 Lucy Hwang, MD (will testify) 4915 25" Avenue NE, # 300 . 21 ‘ Seattle, WA 98105 22 Dr. Hwang is Plaintiff's primary care physician. Dr. Hwang will testify regarding her 23 knowledge of Plaintiff's pre-injury condition, Plaintiff's injuries, and the impact that Plaintiffs 24 injuries have had on Plaintiff and Plaintiff's activities of daily living. 25 26 PRETRIAL ORDER [2:18-Cy- MAXWELL GRAHAM 00961-JLR}- 7 Mi | | 535 E SUNSET WAY | G | ISSAQUAH, WA 98027 | 206.527.2000 L_emeneeenemnemnnd HAWIAET | ORAHAM.COM

1 . . Roxanne Taggart-Hugo (will testify; testimony may be via deposition) 2 c/o Andrews Skinner 4 645 Elliot Avenue W, Suite 350 Seattle, WA 98119 4 Ms. Taggart-Hugo is an employee of Defendant Hyatt and was working at the time of 5 Plaintiff's fall. Ms. Taggart-Hugo will testify regarding her knowledge of the events of the 6 7 evening of June 15, 2017, the staffing at the Hyatt at the time of Plaintiff's injury, the policies g ||and procedures of the Hyatt as they relate to the lobby area, safety procedures, and spills, and 9 relationship between Hyatt and Kemper Security. In the event Ms. Taggart-Hugo is 10 || unavailable to testify, Plaintiff intends to offer her testimony via deposition pursuant to R.Civ.P, 32(a)(4)(B). 12 Jaeson Bloom (will testify) 13 c/o Andrews Skinner 645 Elliot Avenue W, Suite 350 Seattle, WA 98119 . 1S Mr, Bloom is an employee of Defendant Hyatt and was working at the time of Plaintiffs 16 fall. Mr. Bloom will testify regarding his knowledge of the events of the evening of June 15, 2017, 17 and the policies and procedures of the Hyatt as they relate to the lobby area, safety procedures, and | 18 19 spills. . 0 Kyle Crandall (will testify) 511 Anderson Lane Cle Elum, WA 98922 22 Mr. Crandall was an employee of Defendant Hyatt’s security contractor, Kemper Security, 73 || and was on duty at the Bellevue Hyait on the night of June 15, 2017. Mr. Crandall will testify 24 regarding his knowledge of the events that gave rise to this litigation, and the policies and 23 procedures of Kemper Security and Hyatt. 26 PRETRIAL ORDER [2:18-CV- | | MAXWELL GRAHAM 00961-JLR] - 8 Vi | G 535 E SUNSET WAY 4 | Suet — |!SSAQUAH, WA 98027 ! | 206.527.2000 □□□□□□□□□□□□□□□□□□□□□□ YWELLGRAHAM.COM

1 Alex Dantes (will testify via video perpetuation deposition) 2 c/o Andrews Skinner 4 645 Elliot Avenue W, Suite 350 Seattle, WA 98119 4 oe Mtr. Dantes was the director of operations for Hyatt Bellevue at the time of Plaintiffs fall. 5 Mr. Dantes’ testimony was preserved via video perpetuation deposition for trial regarding the facts 6 7 of this case, the relationship between 13 Coins and Defendant Hyatt, the relationship between

g Kemper Security and Defendant Hyatt, and Defendant Hyatt’s policies and procedures regarding 9 || spilis. Plaintiff intends to introduce Mr, Dantes’ testimony pursuant to Fed. R. Civ. P. 32(a)(4)(B). 10 Sean Clark (will testify) c/o Andrews Skinner 645 Elliot Avenue W, Suite 350 12 Seattle, WA 98119 13 Mr. Clark is Defendant Hyatt’s FRCP 30(b)(6) representative. Mr. Clark will testify 14 || regarding Defendant Hyatt’s knowledge of Plaintiff’s fall, Defendant’s defenses, and Defendant’s □ 1 policies and procedures regarding staffing, spills, safety, risks of falls from spills, Defendant’s 16 relationship with Kemper Security, the identities of employees in the surveillance video taken in the 17 Hyatt lobby on the evening of June 15, 2017, the staffing of the Hyatt on June 15, 2017, and the 18 19 || manner in which the surveillance video which captured the events of the evening of June 15, 2017

a9 || was preserved. Plaintiff intends to introduce Mr. Clark’s deposition testimony pursuant to Fed. R. 21 || Civ. P. 32(a){3). 22 (b) Onbehalf ofthe Defendant: 23 The Defendant reserves the right to call any and all witnesses listed by the Plaintiff above. 24. Zach Deacon (possible witness only) 25 c/o Andrews Skinner 645 Elliott Ave. W., Ste. 350 26 || PRETRIAL ORDER [2:18-CV- | | MAXWELL GRAHAM 00961-JLR] - 9 M | G | 535 E SUNSET WAY at | ISSAQUAH, WA 98027 | 206.527.2000 A WELLGRAHAM.COM

1 : Seattle, WA, 98119

3 Mr. Deacon is the executive housekeeper at the Defendant’s Hyatt Regency Bellevue and’

4 will testify regarding the policies and procedures for maintaining the Hyatt’s lobby at the time 5 || of the incident underlying this lawsuit. 6 EXHIBITS 7 . In addition to the Exhibits below, Plaintiff intends to have demonstrative evidence at trial in 8 9 the form of trial boards. Electronic copies of these boards will be provided to Defendant prior to

10 January 13, 2020,

13 | Desk Lobby 2 .83 14 Desk Lobby .83 aes, [power fore TT 15 Hyatt Lobby Elevators = ee ae seemer ser fore 16 Lobby .38 ee [Seema fore 17 Lobby Elevators .37 Video — Narrative Video | Disputed Disputed 901; F; 18 ~ Red Forensics BE; 1001; 19 MIL pee ee Jerry Hatchett H; 802; 21 MIL Still shot taken from Disputed Disputed 901; F; ear pe Ti 23:25 eee ore | Hyatt security video at 1001; BE 24 23:27:12 10.| Still shot taken from Disputed Disputed 901; F; ieee ee 23:27:17 26 || PRETRIAL ORDER [2:18-CV- | MAXWELL GRAHAM 00961-JLR] ~ 10 535 E SUNSET WAY |) ©6ISSAQUAH, WA 98027 206.527.2000 □ □□□□□□□□□□□□□□□□□□□□□□ aN WNET | GRAHAM.COM

\ 11.) Still shot taken from Disputed Disputed 901; F; 2 Hyatt security video at 1001; BE 23:27:20 3 12.) Still shot taken from Disputed Disputed 901; F; Hyatt Security video at 1001; BE □ 4 23:32 Pletaeeraca iehe | 5 Hyatt Security video at 1001; BE 23:36 6 14.| Still shot taken from Disputed Disputed 901; F; Hyatt security video at 1001; BE 7 23:38:39 15. Still shot taken from Disputed Disputed 901; F; 8 Hyatt Security video at 1001; BE 23:42 9 16.| Still shot taken from Disputed Disputed 901; F; Hyatt security video at 1001; BE 10 23:46:55 17.) Still shot taken from Disputed Disputed 901; F; 11 Hyatt security video at 1001; BE 23:52:44 2 18.| Still shot taken from Disputed Disputed 901; F; Hyatt security video 1001; BE 13 23:53:01 | □ 19.| Still shot taken from Disputed Disputed 901; F; 14 Hyatt security video at 1001; BE 23:53:07 15 29,| Still shot taken from Disputed Disputed 901; F; Hyatt security video at 1001; BE 16 23:53:50 21.| Still shot taken from Disputed Disputed 901; F; 17 Hyatt Security video at 1001; BE 23:54 18 ||-g9.[ Contusion Photo [Stipulated Stipilated [|_| iy [|| □□□ Photo of Shoes | Stipulated [Stipulated [Pid CH peg eset Pe Te 0 Kyle Crandall 801; - 35.) Email sent by Roxanne Stipulated Disputed 901; F; 21 Taggart-Hugo en -802; 22 26.| Excerpt from Hyatt Stipulated Stipulated employee materials — 23 Injury and TiIness Prevention employee materials — 25 Welcome 26 |! PRETRIAL ORDER [2:18-CV- 7 MAXWELL GRAHAM 00961-JLR]- 11 Vi | G | 5635 E SUNSET WAY | EVI ISSAQUAH, WA 98027 | F 6.206.527.2000 —_—_— MAXWELLGRAHAM.COM

1 28,| Excerpt from Hyatt Stipulated Stipulated 2 employee materials — Our Hotel 3 29.| Excerpt from Hyatt Stipulated Stipulated employee materials — 4 Culture 30.) Excerpt from Hyatt Stipulated Stipulated 5 employee materials — Departments 6 31.| Printout from Disputed Disputed 901; F; https://www.hyatt.com/e 401-403; 7 n- US/hotel/washington/hya | . 8 tt-regency-bellevue-on- seattles- 9 eastside/belle/dining 32.) Curriculum Vitae of Disputed Disputed 901; F; 10 Joellen Gill H; 802; MIL H; 802; 12 MIL 34.| Curriculum Vitae of Disputed Disputed 901; F; _ 1 Theodore Becker, Ph.D. Jd. _ | Hy 802;. MIL {| lee Becker, Ph.D. H; 802; 15 MIL 36.| Video — Demonstrative Disputed Disputed 901; F; 16 Buckle Knee Syndrome . H; 802; R; 401- 17 403; MIL 37.) Video — Buckle Knee Disputed Disputed 901; F; 18 Example H; 802; R; 401- 19. 403; MIL 38.| Curriculum Vitae of Disputed Disputed 901; F; 20 James Pritchett, MD H; 802; MIL 21 39,| Report of James Disputed Disputed 901; F; Pritchett, MD H; 802; a2 MIL 40.) WAC 246.360.030 Disputed Disputed C; 403; 23 R: 401; Court 24 instructs jury on the 25 applicable law; 26 | PRETRIAL ORDER [2:18-CV- | | MAXWELL GRAHAM 00961-JLRJ - 12 Vi | G □□ 635 E SUNSET WAY | Set | ISSAQUAH, WA 98027 1 6 206.527.2000 mannan " MAXWELLGRAHAM.COM

{ . essere |e 2 Medical Records Dated 801; H May 10, 2017 3 42,| Excerpt from Overlake Disputed Disputed 901; F; a le 4 Dated June 16, 2017 43,| Excerpt from UW Disputed Disputed 901; F; Ce pepe a October 26, 2017

Pictures of the alcove to Stipulated Stipulated 10 ||| A-1 | the restroom area (Figure | Stipulated 2 —58. Reed’s Report) A-2, Side-by-Side Stipulated Disputed ER 403 12 Comparisons of the Surveillance Video and 8. 13 Reed’s pictures of the. . 14 incident area (Figure 3 — S. Reed’s Report) 15 }}} A-3 Pictures of testing Stipulated Stipulated locations (Figure 4 — S. _ | Stipulated . 16 Reed’s Report) 4 A-4 | Slip Testing Results Table | Stipulated Stipulated Stipulated 18 (Table 1 — 8. Reed’s Report) 19 30 A-5 Pictures depicting Stipulated Disputed ER 403 Plaintiff's path of travel 2] (Figure 5 - 8. Reed’s Report) 22 A-6 Stipulated Disputed ER 403 23 Picture depicting Ms. 24 Lister’s view (Figure 6 - S. Reed’s Report}. . 25

26 || PRETRIAL ORDER [2:18-CV- MAXWELL GRAHAM 00961-JLR] - 13 535 E SUNSET WAY 1 | ISSAQUAH, WA 98027 | 206.527.2000 L__-——eweweemnnd — AAXWELLGRAHAM.COM

1 | X-Ray of Plaintiff's Left | Stipulated Stpulsted | Seputated | □ 2 Hip (July 26, 2017) 3 ||| A-8 X-Ray of Plaintiffs Left | Stipulated Stipulated Stipulated Hip (Nov. 2, 2017) 5 A-9 X-Ray of Plaintiffs Left | Stipulated Stipulated Stipulated 6 Shoulder (Aug. 21, 2018) 7 A-10 | Billing Records from Stipulated Disputed R Pe eT 9 Medical Center A-11 | Billing Records from Stipulated Disputed R □□□ since PP ea A-12 Stipulated Disputed R i Billing Records Puget ER 401 2 Sound Physicians A-13 | Billing Records from Stipulated Disputed R A-14 | Billing Records from UW | Stipulated Disputed R M4 Medicine ER 401 15 Correspondence dated Stipulated Stipulated A-15 July 6, 2018 from Dr. 16 Thomas Chi to Rebeccah . Graham 17 18 The Parties’ Objection Code: 19 20 24 22

23 4 25 , 26 PRETRIAL ORDER [2:18-CV- | MAXWELL GRAHAM 00961-JLR]- 14 535 E SUNSET WAY * ISSAQUAH, WA 98027 206.527.2000 □□□□□□□□□□□□□□□□□□□□□□□□ — LEAYANE LORAHAM.COM

1 ANDREWS SKINNER, PS . 2 4 s/ Stephen G,_ Skinner Stephen G. Skinner, WSBA# 17317 . 4 Alison Markette, WSBA# 46477 645 Elliott Ave W Ste 350 5 || Seattle, WA-98119-3960 206-223-9248 6 || Skinner@andrews-skinner.com 7 Alison, Markette@andrews-skinnercom Attorneys for Defendant 8 9 10 11 12 □

14 15 16 □ ‘

17 : ,

18 19 20 . . 21

22 23 24 25 . 26 PRETRIAL ORDER [2:18-CV- | MAXWELL GRAHAM 00961-JLR]- 16 | 6©§35 E SUNSET WAY M G | ISSAQUAH, WA 98027 i 206.627.2000 Lennie REAAATET | GRAHAM □□□

1 ACTION BY THE COURT □ 2 (a) This case is scheduled for trial before a jury on “py. 2 __, 2020, at VO8pen . 3 (b) Trial briefs shall be submitted to the court on or before “Tra, ZV, BORO, 4 {c) | Jury instructions requested by either party shall be submitted to the court on or 5 before Sys 2), 2020 . Suggested questions of either party to be asked of the

4 jury by the court on voir dire shall be submitted to the court on or before 8 Sos BA, 2420. □ 9 (d) Other Court Rulings: 10 4 This order has been approved by the parties as evidenced by the signatures of their

2 counsel. This order shall control the subsequent course of the action unless modified by a 13 ||subsequent order. This order shall not be amended. except by order of the court pursuant to 14 || agreement of the parties or to prevent manifest injustice. 13 Yh 6 DAT is \W_ day of January, 2020. 18 United States/District Judge J ames L. Robart 19

20 |] FORM APPROVED 21 || MAXWELL GRAHAM, PS MAXWELL GRAHAM, PS 22 ||_s/ Rebeccah J. Graham si Michael A, Maxwell Rebeccah Graham, WSBA# 20494 Michael A. Maxwell, WSBA # 21781 23 || 535 E Sunset Way 535. E Sunset Way oA Issaquah, WA 98027 Issaquah, WA 98027 . 206.527.2000 206.527.2000 95 || rebeccah@maxwellgraham.com mike@maxwellgraham.com Attorney for Plaintiff Attorney for Plaintiff □ 26 |! pRETRIAL ORDER [2:18-CV- | | MAXWELL GRAHAM 00961-JLR]- 15 | Bd | | 535 E SUNSET WAY Mi G | ISSAQUAH, WA 98027 206,527.2000 pao AVELLGRAHAM.COM