Synoracki v. Alaska Airlines Inc

Opinion

WESTERN DISTRICT OF WASHINGTON

6 LEO SYNORACKI, on behalf of himself and all others similarly situated 7 No. 2:18-cv-01784-RSL Plaintiff, 8 STIPULATED MOTION AND v. ORDER EXTENDING TIME 9 ALASKA AIRLINES, INC., et al., 10 Defendants. 11 13 The parties, by and through their undersigned counsel, jointly submit this stipulated motion 14 to extend Plaintiff’s deadline to file his response (the “Response”) to Defendants’ Motion for 15 Summary Judgment (Dkt. No. 49) (the “Motion”), currently due November 30, 2020, to December 16 14, 2020 and for Defendants’ Motion, currently noted for December 4, 2020, to be noted for 17 consideration on January 8, 2020, with Defendants’ reply in support of that Motion to be filed by 18 that date. Good cause exists for this extension in light of the professional commitments and 19 scheduling conflicts of the parties’ counsel, including pre-planned travel during the holidays. 20 The parties also submit this stipulated motion to extend the other deadlines in this litigation 21 by 90 days. The parties stipulate that an extension of these deadlines is necessary to provide this 22 Court time to rule on Defendants’ summary judgment motion. 24 This is a civil class action brought pursuant to the Uniformed Services Employment and 25 Reemployment Rights Act of 1994, 38 U.S.C. § 4301 et seq. On May 22, 2020, this Court certified 26 two classes of Alaska Airlines, Inc. (“Alaska”) pilots who did not accrue sick or vacation time 1 while on periods of military leave. 2 This case was filed in December 2018. Trial is set for February 1, 2021. Defendants filed 3 the Motion on November 9, 2020, which is currently noted for a hearing on December 4, 2020, 4 and with Plaintiffs’ Response currently due November 30, 2020. 6 The Court may extend a party’s deadline to respond to a motion where good cause exists. 7 Fed. R. Civ. P. 6(b)(1)(a); Ahanchian v. Xenon Pictures, Inc., 624 F.3d 1253, 1259 (9th Cir. 2010) 8 (“[R]equests for extensions of time made before the applicable deadline has passed should 9 normally . . . be granted in the absence of bad faith on the part of the party seeking relief or 10 prejudice to the adverse party.”) (internal quotation marks omitted). 11 The parties stipulate that good cause exists to extend Plaintiff’s time to respond to 12 Defendants’ Motion and Defendants’ time to file their reply because of the parties’ other 13 professional commitments and scheduling conflicts during this time period, including pre-planned 14 travel over the holidays during that time. Moreover, the parties stipulate that good cause exists to 15 extend the other pretrial deadlines in this matter to provide this Court time to review and rule on 16 Defendants’ Motion, which seeks to dismiss all claims brought by Plaintiff and the classes in this 17 case. Therefore, good cause exists to amend the remaining pre-trial order as follows:

18 Current Deadline Proposed Deadline All motions in limine must be filed by 19 December 29, 2020 April 8, 2021 and noted on the motion calendar no 20 earlier than the second Friday thereafter. Replies will be accepted. 21 Agreed pretrial order due January 18, 2021 April 19, 2021 22 Trial briefs, proposed voir dire questions, January 27, 2021 April 27, 2021 proposed jury instructions, and trial 23 exhibits due 24 Trial date February 1, 2021 May 3, 2021 25 This is the second request by the parties for an extension of the post-discovery deadlines. 26 2 For these reasons, the parties respectfully move the Court to extend Plaintiff’s time to file 3 a Response to Defendants’ Motion from November 30, 2020 to December 14, 2020, to notice 4 Defendants’ Motion for January 8, 2020, and to extend all other deadlines in this matter by 90 5 days.

6 FOR DEFENDANTS:

7 By: /s/Mark W. Robertson_______________ Mark W. Robertson (admitted pro hac vice) Kathryn S. Rosen, WSBA #29465 8 (N.Y. Bar #4508248) Davis Wright Tremaine O’Melveny & Myers LLP 920 5th Avenue, Ste. 3300 9 7 Times Square Seattle, Washington 98104-1610 New York, New York 10036 Tel.: (206) 622-3150 10 Tel.: (212) 326-2000 Fax: (206) 757-7700 Fax: (212) 326-2061 katierosen@dwt.com 11 mrobertson@omm.com Tristan Morales (admitted pro hac vice) 12 Counsel for Defendants (D.C. Bar # 1011373) O’Melveny & Myers LLP 13 1625 Eye Street, NW Washington, D.C. 20006 14 Tel.: (202) 383-5300 Fax: (202) 383-5414 15 tmorales@omm.com

16 FOR PLAINTIFF: 17 By: /s/Gene J. Stone Barger__________ 18 Gene J. Stonebarger (admitted Pro Hac Vice) Brian J. Lawler (admitted Pro Hac Vice) gstonebarger@stonebargerlaw.com blawler@pilotlawcorp.com 19 Crystal L. Matter (admitted Pro Hac Vice) PILOT LAW, P.C. cmatter@stonebargerlaw.com 850 Beech Street, Suite 713 20 STONEBARGER LAW San Diego, California 92101 101 Parkshore Drive Phone: 866.512.2465 21 Suite 100 Fax: 619.231.4984 Folsom, California 95630 22 Phone: 916.235.7140 Charles M. Billy (admitted Pro Hac Vice) Fax: 916.235.7141 cbilly@cmblawcorp.com 23 The Law Offices of Charles M. Billy, APC Daniel Kalish 22706 Aspan Street, Ste 305 24 dkalish@hkm.com Lake Forest, CA 92630 HKM EMPLOYMENT ATTORNEYS LLP Phone: 949-357-9636 25 600 Stewart Street, Ste 901 Seattle, WA 98101 26 1 Phone: 206-838-2504

2 Counsel for Plaintiff and the Classes 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2 Based on the foregoing stipulation, the Court ORDERS that Plaintiff’s time to file a 3 response to Defendants’ Motion for Summary Judgment (Dkt. No. 49) is extended from November 4 30, 2020 to December 14, 2020, Defendants’ Motion for Summary Judgment shall be noticed for 5 January 8, 2021 and Defendants shall file their reply in further support of this motion by this 6 date, and all other deadlines in this matter shall be extended by 90 days, as set forth below: 7 8 Current Deadline New Deadline All motions in limine must be filed by 9 and noted on the motion calendar December 29, 2020 April 8, 2021 no earlier than the second Friday 10 thereafter. Replies will be 11 accepted. Agreed pretrial order due 12 January 18, 2021 April 19, 2021 Trial briefs, proposed voir dire questions, 13 proposed jury instructions, and January 27, 2021 April 27, 2021 trial exhibits due 14 Trial date February 1, 2021 May 3, 2021 15 16 Dated this 16th day of November, 2020. 17 18 The Honorable Robert S. Lasnik 19 United States District Court Judge 20 21 22 23 24 25 26