McClintock v. United States of America

• Court: District Court, W.D. Washington
• Decided: July 23, 2021
• Docket: 3:19-cv-05835
• Status: Unknown

Opinion

1 The Honorable Benjamin H. Settle

7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 8 AT TACOMA

9 RAMONA MCCLINTOCK, CASE No. 3:19-cv-05835-BHS

10 Plaintiff. STIPULATED MOTION FOR LIMITED EXTENSION OF DISCOVERY DEADLINES 11 v. AND ORDER

12 UNITED STATES OF AMERICA; NOTED FOR CONSIDERATION: CATHLEEN JENSEN and JOHN DOE July 22, 2021 13 JENSEN,

14 Defendants. 15 16 STIPULATED MOTION FOR LIMITED EXTENSION OF DISCOVERY DEADLINES 17 18 Pursuant to Local Rules 10(g) and 16(b)(6), the parties hereby jointly stipulate and move 19 the Court for an extension of the discovery deadlines. 20 A court may modify a schedule for good cause. Fed. R. Civ. P. 16(b)(4). Continuing 21 pretrial and trial dates is within the discretion of the trial judge. See King v. State of California, 22 784 F.2d 910, 912 (9th Cir. 1986). The parties submit there is good cause for an extension of the 23 deadlines. This case arises out of a motor vehicle collision that occurred on November 30, 2017. 24 Plaintiff alleges she suffered injuries and damages as a result of the collision. Plaintiff also alleges 1 that her implanted spinal neurostimulator was compromised as a result of the collision. The parties 2 have been working to obtain records from Nevro Corp., the manufacturer of the neurostimulator. 3 The parties believe it is critical that each party’s expert(s) be given an opportunity to thoroughly 4 and completely review these records in order to provide complete opinions prior to the discovery 5 cutoff. Due to unforeseen circumstances and delays not the fault of any party or counsel, the

6 parties continue to run into complications and delays in receiving the records, incomplete records, 7 and hard to read copies. 8 Based on the foregoing, the parties agree to extend the current deadlines as follows: 9 CURRENT DEADLINES NEW DEADLINES Disclosure of expert August 6, 2021 September 7, 2021 10 testimony under FRCP 26(a)(2) 11 Disclosure of rebuttal September 6, 2021 October 7, 2021 12 expert testimony under FRCP 26(a)(2) 13 Deadline for filing motions September 24, 2021 October 26, 2021 related to discovery. Any 14 such motions shall be noted for consideration pursuant 15 to LCR 7(d)(3)

16 Discovery completed by September 30, 2021 November 1, 2021

17 All dispositive motions must October 8, 2021 November 9, 2021 be filed by and noted on the 18 motion calendar no later than the fourth Friday 19 thereafter (see LCR 7(d))

20 21 // 22 // 23 //

24 1 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 2

3 DATED: July 22, 2021 s/ Jonathan Lee JONATHAN LEE, WSBA #42505 4 PREMIER LAW GROUP PLLC 1408 140th PLACE NE 5 Bellevue, Washington 98007 Telephone: (206) 285-1743 6 Email: jon@premierlawgroup.com

7 Attorneys for Plaintiff

DATED: July 22, 2021 s/ Heather C. Costanzo 9 HEATHER C. COSTANZO, FL #37378 Assistant United States Attorney 10 United States Attorney’s Office 700 Stewart Street, Suite 5220 Seattle, WA 98101-1271 11 Phone: (206) 553-7970 Email: heather.costanzo@usdoj.gov 12 Attorneys for Defendant United States of 13 America

15 DATED: July 22, 2021 s/ Debra M. Akhbari DEBRA M. AKHBARI, WSBA #47500 16 HELSELL FETTERMAN LLP 1001 FOURTH AVE., Suite 4200 17 Seattle, WA 98154-1154 Phone: (206) 689-2106 Email: dakhbari@helsell.com 18

Attorneys for Defendant Jensen 19

21 22 23 24 1 ORDER

Pursuant to the parties’ forgoing stipulation to extend deadlines, IT IS SO ORDERED. 3

4 Dated this 23rd day of July, 2021.

6 A 7 8 BENJAMIN H. SETTLE 9 United States District Judge

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