South Lake Union Hotel LLC v. F&F Rogers Family Limited Partnership

Opinion

Hon. Kymberly K. Evanson

WESTERN DISTRICT OF WASHINGTON

S OUTH LAKE UNION HOTEL, LLC, a Case No.: 2:23-cv-1868-KKE D elaware limited liability company STIPULATED MOTION AND ORDER Plaintiff, CONTINUING TRIAL DATE

v.

P ARTNERSHIP, a Washington limited p artnership, DOES 1-10

Defendants.

I. RELIEF REQUESTED

COMES NOW the above captioned Parties jointly, by and through their undersigned counsel,

a nd respectfully move this Court to continue the trial date, and the related pre-trial deadlines set forth

i n the Court’s Order dated March 15, 2024. Dkt. No. 13. The parties have been working diligently and

c ooperatively in the exchange of discovery documents and in scheduling depositions. Nevertheless, the

P arties have experienced delays in the completion of discovery. Accordingly additional time is

n ecessary to complete discovery, conduct productive mediation and prepare the case for trial. Based on

t he foregoing, the Parties respectfully ask the Court to continue the trial date to June 30, 2025, or to the

n ext available trial date and also continue corresponding pre-trial deadlines.

This action arises from a dispute between the owners of two buildings located in the South

L ake Union neighborhood of Seattle. Plaintiff owns the Astra Hotel located at 300 Terry Avenue N orth, Seattle, Washington 98109. Plaintiff contends that the conditions of the neighboring Fred R ogers Building have substantially damaged Plaintiff. Plaintiff filed this action alleging that the

c onditions of the Fred Rogers Building constitute a Private Nuisance and/or a Public Nuisance. Dkt. 1.

D efendant generally denies Plaintiff’s allegations, denies liability and has asserted numerous

a ffirmative defenses. Dkt. 9.

The Parties have been participating in discovery. The Parties are currently in the process of

f inalizing the terms of a Protective Order that is necessary for further discovery and the exchange of

e xpert discovery. Further, the Parties are in the process of meeting and conferring regarding mutually

a greeable dates for necessary depositions as well as the appropriate scope of depositions. As discovery

i s still ongoing in this action and not all information and/or documents have been exchanged, the

P arties will need additional time for both fact and expert discovery.

Based on the foregoing, the Parties jointly agree to a continuance of the trial date and

a ssociated pre-trial deadlines as set forth herein.

“[D]istrict courts have the inherent authority to manage their dockets and courtrooms with a

v iew towards the efficient and expedient resolution of cases." Dietz v. Bouldin, 579 U.S. 40, 47 (2016).

P ursuant to Fed. R. Civ. P. 16 and W.D. Wash. Local Rule 16, the Court may modify the Court’s

s cheduling order for good cause shown. The "good cause" standard requires a showing that scheduling

d eadlines "cannot reasonably be met despite the diligence of the party seeking the extension." Johnson

v . Mammoth Recs. Inc., 975 F.2d 604, 609 (9th Cir. 1992).

Good cause exists to continue the trial schedule in this case. The Parties have worked diligently

i n exchanging discovery in this matter. A Protective Order is necessary in this action because

d iscovery in this matter involves sensitive and confidential business records. The Parties anticipate

a greeing and finalizing a Stipulated Protective Order for the Court’s approval which will allow the

P arties to continue to pursue discovery in this matter. An extension of time is necessary to allow the

p arties to fully develop their claims and defenses for trial.

Equally important, a continuance will allow the parties to engage in meaningful discovery that

w ill maximize the chances that this case resolves in mediation or other alternative dispute resolution ] forum. Allowing for additional time to conduct discovery will ensure that the Parties’ have the necessary information to evaluate the claims and defenses before mediation. Based on the foregoing, the Parties respectfully request the Court continue the trial date and pre-trial deadlines as follows: Preseli Expert Witness 9/3/2024 12/2/2024 Disclosure/Reports under FRCP 26(a)(2

Discovery completed 11/1/2024 1/30/2025

Attorney settlement conference | 1/30/2025 4/30/2025 B to be held b Motions in Limine due by 2/24/2025 5/26/2025 Proposed jury instructions due | 3/10/2025 6/9/2025 fi] b Pretrial Order due by 3/10/2025 6/9/2025

||| Tal briefs to be submitted by | 3/17/2025 6/16/2025 Proposed voir dire questions 3/17/2025 6/16/2025 due b I] Deposition Designations due by | 3/17/2025 6/16/2025 Pretrial Conference set for 3/21/2025 6/19/2025 Jury Trial 3/31/2025 6/30/2025 Based on the foregoing, the Parties hereby jointly respectfully request that the Court enter the above-stated amended case schedule and trial date. STIPULATION AND ORDER - 3

D ATED: September 9, 2024 D ATED: September 9, 2024 M urphy, Pearson, Bradley & Feeney McNaul Ebel Nawrot & Helgren, PLLC

B y s/Nicholas C. Larson By s/Robert M. Sulkin N icholas C. Larson, WSBA #46034 Robert M. Sulkin, WSBA# 5 20 Pike Street, Suite 1205 James G. Diehl, WSBA# S eattle, WA 98101 600 University St, Suite 2700 n larson@mpbf.com Seattle, WA 98101-3143 A ttorneys for Plaintiff rsulkin@mcnaul.com; jdiehl@mcnaul.com Attorneys for Defendant F&F Rogers

The Court GRANTS the parties’ stipulated motion to continue the deadlines for expert report dispositive motion filing, and the discovery cutoff. Dkt. No. 15. The previous case schedule (Dkt. Ni 13) is VACATED, and the parties are now required to follow the below case schedule to prepare th matter for trial:

Expert Witness 9/3/2024 12/2/2024 Disclosure/Reports under FRCP 26(a)(2

Discovery completed 11/1/2024 1/30/2025 Dispositive motions 12/2/2024 3/3/2025 Attorney settlement conference | 1/30/2025 4/30/2025 [|Lto be held b Motions in Limine due by 2/24/2025 5/26/2025 Proposed jury instructions due | 3/10/2025 6/9/2025 Pretrial Order due by 3/10/2025 6/9/2025 Trial briefs to be submitted by =| 3/17/2025 6/16/2025 Proposed voir dire questions 3/17/2025 6/16/2025 due b Deposition Designations due by | 3/17/2025 6/16/2025 Pretrial Conference set for 3/21/2025 6/19/2025 Jury Trial to begin at 9:30 a.m. | 3/31/2025 6/30/2025

DATED: September 9, 2024. Apher ae Enso Kymberly K. Evanson United States District Judge

STIPULATION AND ORDER -5