Old Republic National Title Insurance Company v. James Wong, and his marital community

Opinion

WESTERN DISTRICT OF WASHINGTON OLD REPUBLIC NATIONAL TITLE The Honorable James L. Robart g|| INSURANCE COMPANY, a Florida corporation, NO. 2:24-cv-01577 Plaintiff, STIPULATED MOTION TO v. EXTEND CERTAIN PRETRIAL DEADLINES JAMES WONG, and his marital community, NOTE ON MOTION CALENDAR: Defendant. October 23, 2025 The parties, by and through their respective counsel, jointly move the Court for an Order to Extend Certain Pretrial Deadlines. No prior request for an extension of the pretrial deadlines has been made. The request does not include a request to extend the dispositive motion deadline or the trial date. Under Fed. R. Civ .P. 16, the case schedule may be extended where good cause exists and the delay is not caused by carelessness or less than reasonably diligent action. Johnson v. Mammoth Recreations, Inc., 975 F.2d 604 (9th Cir. 1992). “A party demonstrates good cause for modifying a scheduling order by showing that, despite the exercise of due diligence, the scheduled deadlines cannot be met.” Henderson v. ABW Techs., Inc., 2009 U.S. Dist. LEXIS 9299, at *2 (W.D. Wash. Jan. 29, 2009) (citing Zivkovic v. Southern Calif. Edison Co., 302 F.3d 1080, 1087-88 (9th Cir. 2002)). Good cause exists here to modify certain pretrial deadlines. To date, the parties have

STIPULATED MOTION TO EXTEND CERTAIN D yen, Swanson & Crevetend, □□□□ PRETRIAL DEADLINES - | ww Se akan ee 2:24-cv-01577 206.464.4224

1} worked diligently and cooperatively in moving this case forward. The claims in this action involve underlying facts in the related action Walsh Construction Company II, LLC v. Pine Esker, LLC, et al., U.S. Bankruptcy Court for the Western District of Washington, Case No. 24-10088-CMA, Adv. Proc. No. 24-01010-CMA (the “Adversary Proceeding”). The parties have agreed to mediate the Adversary Proceeding and this lawsuit, which mediation is scheduled for October 29, 2025. If not settled at mediation, additional claims may need to be added in this action and additional discovery undertaken. The parties seek to extend certain pretrial deadlines in the Court’s Minute Order Setting Trial Dates and Related Dates (DKT 10) as follows: Current Deadline Proposed Deadline ll Deadline for motion to amend September 29, 2025 November 7, 2025 pleadings Deadline to amend pleadings October 28, 2025 December 5, 2025 Disclosure of expert testimony October 28, 2025 January 9, 2026 under FRCP 26(a)(2) All motions related to discovery | November 28, 2025 December 19, 2025 must be filed by (see LCR 7(d)) Discovery completed by December 29, 2025 January 23, 2026 The parties believe the above requested changes should permit them to potentially add claims and to address the issues that they anticipate will arise if the parties do not resolve their claims at the mediation. Dated: October 23, 2025 RYAN, SWANSON & CLEVELAND, PLLC s/Britenae Pierce Britenae Pierce, WSBA No. 34032 401 Union Street, Suite 1500 Seattle, WA 98101

STIPULATED MOTION TO EXTEND CERTAIN D yen, Swanson & Cravetand, □□□ PRETRIAL DEADLINES - 2 ww at ait aeena Sane. 2:24-cv-01577 206.464.4224

(206) 464-4224 pierce@ryanlaw.com Attorneys for Plaintiff Dated: October 23, 2025 HOLMQUIST + GARDINER, PLLC s/Michelle F. So Hamilton H. Gardiner, WSBA No. 37827 Michelle F. So, WSBA No. 46817 1000 Second Avenue, Suite 1770 Seattle, WA 98104 (206) 438-9083 hamilton@lawhg.net michelle@lawhg.net Attorneys for Defendant

STIPULATED MOTION TO EXTEND CERTAIN D a ee eae PRETRIAL DEADLINES - 3 eee _ ‘ 2:24-ev-01577 206.464.4224

CERTIFICATE OF SERVICE I HEREBY CERTIFY, that on the 23rd day of October, 2025, I electronically filed the ; foregoing with the Clerk of the Court using the CM/ECF system, which in turn automatically generated a Notice of Electronic Filing (NEF) to all parties in the case who are registered users

of the CM/ECF system. The NEF for the foregoing specifically identifies recipients of electronic notice. s/Kimberly Paul Kimberly Paul, Legal Assistant paul@ryanlaw.com

2:24-ev-01577 2064644224

WESTERN DISTRICT OF WASHINGTON OLD REPUBLIC NATIONAL TITLE The Honorable James L. Robart g|| INSURANCE COMPANY, a Florida corporation, NO. 2:24-cv-01577 Plaintiff, [PROPOSED] ORDER GRANTING v. STIPULATED MOTION TO EXTEND CERTAIN PRETRIAL JAMES WONG, and his marital community, DEADLINES Defendant. NOTE ON MOTION CALENDAR: October 23, 2025 THIS MATTER having come for consideration on the parties’ Stipulated Motion to Extend Certain Pretrial Deadlines, and this Court having reviewed the Stipulated Motion and based on the files and records herein, and the Court being fully advised, M IT IS HEREBY ORDERED that the Stipulated Motion to Extend Certain Pretrial Deadlines is GRANTED. The new deadlines are as follows: New Deadline Deadline for motion to amend November 7, 2025 pleadings Deadline to amend pleadings December 5, 2025 Disclosure of expert testimony January 9, 2026 under FRCP 26(a)(2) All motions related to discovery | December 19, 2025 must be filed by (see LCR 7(d))

[PROPOSED] ORDER GRANTING STIPULATED De □□□ oeanson & Clevolang □□□□ MOTION TO EXTEND CERTAIN PRETRIAL S wea Sen Sen meee ab DEADLINES - 1 eon

New Deadline Discovery completed by January 23, 2026 The dispositive motions deadline, and all other deadlines, are firm, shall remain as set forth in the Minute Order Setting Trial Dates and Related Dates, Dkt. 10, and will not be extended to accommodate an extended discovery period, unless otherwise modified by this Court. DATED this 27th day of October 2025.

2 VOX ¢ The Honofable James L. Robart United States District Judge Presented by: sBritenae Pierce Britenae Pierce, WSBA No. 34032 14] Ryan, Swanson & Cleveland, PLLC 401 Union Street, Suite 1500 Seattle, WA 98101 (206) 464-4224 pierce@ryanlaw.com Attorneys for Plaintiff s/Michelle F. So 19] Hamilton H. Gardiner, WSBA No. 37827 Michelle F. So, WSBA No. 46817 Holmquist + Gardiner, PLLC 1000 Second Avenue, Suite 1770 Seattle, WA 98104 (206) 438-9083 hamilton@lawhg.net michelle@lawhg.net Attorneys for Defendant

[PROPOSED] ORDER GRANTING STIPULATED DIO 572% Svanson & Cleveland, PLLC MOTION TO EXTEND CERTAIN PRETRIAL S wea Sen Sen meee ab DEADLINES - 2 eon

CERTIFICATE OF SERVICE I HEREBY CERTIFY, that on the 23rd day of October, 2025, I electronically filed the ; foregoing with the Clerk of the Court using the CM/ECF system, which in turn automatically generated a Notice of Electronic Filing (NEF) to all parties in the case who are registered users

of the CM/ECF system. The NEF for the foregoing specifically identifies recipients of electronic notice. s/Kimberly Paul Kimberly Paul, Legal Assistant paul@ryanlaw.com

DEADLINES - 3 Seat, WA 98101-266