THE HONORABLE KYMBERLY EVANSON UNITED STATES DISTRICT COURT UNITED STATES OF AMERICA, for the NO. 2:22-cv-00299-KKE Use and Benefit of SCI INFRASTRUCTURES, LLC; AND SCI STIPULATION AND ORDER INFRASTRUCTURES, LLC, a Washington EXTENDING CASE DEADLINES limited liability company, Plaintiffs, v. CHEROKEE GENERAL CORPORATION, an Oregon corporation; and HARTFORD FIRE INSURANCE COMPANY, a Connecticut corporation, Defendants. CHEROKEE GENERAL CORPORATION, an Oregon corporation, Counterclaim and Third-Party Plaintiff, ] v. SCIINFRASTRUCTURES, LLC, a Washington limited liability company; and SWISS RE CORPORATE SOLUTIONS AMERICA INSURANCE CORPORATION f/k/a NORTH AMERICAN SPECIALTY INSURANCE COMPANY, Bond No. 2216796, Counterclaim Defendants. STIPULATION AND ORDER EXTENDING CASE Ashbaugh Beal DEADLINES 701 FIFTH AVE., SUITE 4400
Plaintiff and Counterclaim Defendant SCI Infrastructures, LLC (“SCI”), Defendant and Counterclaim and Third-Party Plaintiff Cherokee General Corporation (“Cherokee”), Defendant Hartford Fire Insurance Company (“Hartford”), and Counterclaim Defendant Swiss Re Corporate Solutions America Insurance Corporation f/k/a North American Specialty Insurance Company (“Swiss Re”) (collectively referred to as the “Parties”) hereby submit this Stipulated Motion to Extend Certain Deadlines in Dkt. #40. Pursuant to the Court’s September 14, 2023 Order Granting Stipulated Motion to Extended Case Schedule (Dkt. #40), the following discovery-related deadlines were set by the 11. Court:
JURY TRIAL SET FOR 09:00 am on 7/22/2024 Disclosure of expert testimony under FRCP 26(a)(2) due 12/22/2023 Disclosure of rebuttal expert testimony under FRCP 26(a)(2) 1/23/2024 due All motions related to discovery must be filed by 1/23/2024 Discovery completed by 2/22/2024 All dispositive motions and motions challenging expert witness 3/25/2024 testimony must be filed by this date (see LCR 7(d)). Such motions must be noted for consideration no later than the fourth Friday thereafter (see LCR 7(d Settlement conference, if mediation has been requested by the 4/22/2024 parties per LCR 39.1 held no later than Mediation per LCR 39.1 if requested by the parties, held no later 6/6/2024 than All motions in limine must be filed by 6/17/2024 Proposed jury instructions and agreed LCR 16.1 Pretrial Order 7/1/2024 STIPULATION AND ORDER EXTENDING CASE Ashbaugh Beal DEADLINES 701 FIFTH AVE., SUITE 4400
due, including exhibit list with completed authenticity, admissibility, and objections fields Trial briefs, proposed voir dire questions, and depositions 7/8/2024 designations due Pretrial conference scheduled at 10:00 am on 7/11/2024 At this time, the Parties believe there is good cause pursuant to FRCP 16(b)(4) as well as LCR 16(b)(6) for an extension of discovery-related deadlines in the Court’s Order Granting Stipulated Motion to Extended Case Schedule (Dkt. #40). The Parties are not asking the Court to extend any deadlines that have already passed, nor are the Parties asking the trial date be modified. Rather, the parties are asking that the Court grant the Parties’ joint request to extend the following pending discovery-related deadlines:
||| Disclosure of expert testimony under FRCP 26(a)(2) | 12/22/2023 2/22/2024 due Disclosure of rebuttal expert testimony under FRCP 1/23/2024 3/15/2024 26(a)(2) due |] | All motions related to discovery must be filed by 1/23/2024 3/21/2024 Discovery completed by 2/22/2024 4/1/2024 IS | Tan dispositive motions and motions challenging expert | 3/25/2024 4/7/2024 witness testimony must be filed by this date (see LCR 7(d)). Such motions must be noted for consideration no later than the fourth Friday thereafter (see LCR 7(d
The Parties believe the above-requested extensions are necessary given the high volume of documents still being produced in this matter, coupled with efforts to obtain access ! to documents marked as confidential pursuant to a Protective Order in the matter of Cherokee ! General Corporation v. United States, Case No. 18-412C (Ct. Cl. 2018) (the “Underlying Lawsuit”). The Parties are jointly coordinating the production of documents requested from STIPULATION AND ORDER EXTENDING CASE Ashbaugh Beal DEADLINES 701 FIFTH AVE., SUITE 4400
third parties via subpoenas served months ago, and some or all of the Parties intend to issue additional subpoenas in the coming weeks. In addition to the above, discovery in this litigation includes depositions of several different individuals, some of whom are no longer employed by the parties and/or are currently attempted to be located/reached by the parties, and other individuals currently/formerly employed by the United States Army Corps of Engineers (“USACE”), which have posed logistical challenges related to the scheduling of the same due to restrictions by the United States. The extensions requested by the Parties would allow the Parties additional time to ] resolve issues posed by the Protective Order in the Underlying Lawsuit, contact former and/or unavailable employees for the purposes of deposing the same, obtain documents pursuant to subpoenas previously issued, and provide the time necessary to obtain and review all relevant facts and information necessary to resolve this dispute. Il. RELIEF REQUESTED The Parties ask that the Court to extend the currently pending discovery-related deadlines set pursuant to Dkt. #40 as follows:
26(a)(2) due
witness testimony must be filed by this date (see LCR 7(d)). Such motions must be noted for consideration no later than the fourth Friday thereafter (see LCR 7(d
STIPULATION AND ORDER EXTENDING CASE Ashbaugh Beal DEADLINES ZO1 FIFTH AVE. SUITE 4400
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THE HONORABLE KYMBERLY EVANSON UNITED STATES DISTRICT COURT UNITED STATES OF AMERICA, for the NO. 2:22-cv-00299-KKE Use and Benefit of SCI INFRASTRUCTURES, LLC; AND SCI STIPULATION AND ORDER INFRASTRUCTURES, LLC, a Washington EXTENDING CASE DEADLINES limited liability company, Plaintiffs, v. CHEROKEE GENERAL CORPORATION, an Oregon corporation; and HARTFORD FIRE INSURANCE COMPANY, a Connecticut corporation, Defendants. CHEROKEE GENERAL CORPORATION, an Oregon corporation, Counterclaim and Third-Party Plaintiff, ] v. SCIINFRASTRUCTURES, LLC, a Washington limited liability company; and SWISS RE CORPORATE SOLUTIONS AMERICA INSURANCE CORPORATION f/k/a NORTH AMERICAN SPECIALTY INSURANCE COMPANY, Bond No. 2216796, Counterclaim Defendants. STIPULATION AND ORDER EXTENDING CASE Ashbaugh Beal DEADLINES 701 FIFTH AVE., SUITE 4400
Plaintiff and Counterclaim Defendant SCI Infrastructures, LLC (“SCI”), Defendant and Counterclaim and Third-Party Plaintiff Cherokee General Corporation (“Cherokee”), Defendant Hartford Fire Insurance Company (“Hartford”), and Counterclaim Defendant Swiss Re Corporate Solutions America Insurance Corporation f/k/a North American Specialty Insurance Company (“Swiss Re”) (collectively referred to as the “Parties”) hereby submit this Stipulated Motion to Extend Certain Deadlines in Dkt. #40. Pursuant to the Court’s September 14, 2023 Order Granting Stipulated Motion to Extended Case Schedule (Dkt. #40), the following discovery-related deadlines were set by the 11. Court:
JURY TRIAL SET FOR 09:00 am on 7/22/2024 Disclosure of expert testimony under FRCP 26(a)(2) due 12/22/2023 Disclosure of rebuttal expert testimony under FRCP 26(a)(2) 1/23/2024 due All motions related to discovery must be filed by 1/23/2024 Discovery completed by 2/22/2024 All dispositive motions and motions challenging expert witness 3/25/2024 testimony must be filed by this date (see LCR 7(d)). Such motions must be noted for consideration no later than the fourth Friday thereafter (see LCR 7(d Settlement conference, if mediation has been requested by the 4/22/2024 parties per LCR 39.1 held no later than Mediation per LCR 39.1 if requested by the parties, held no later 6/6/2024 than All motions in limine must be filed by 6/17/2024 Proposed jury instructions and agreed LCR 16.1 Pretrial Order 7/1/2024 STIPULATION AND ORDER EXTENDING CASE Ashbaugh Beal DEADLINES 701 FIFTH AVE., SUITE 4400
due, including exhibit list with completed authenticity, admissibility, and objections fields Trial briefs, proposed voir dire questions, and depositions 7/8/2024 designations due Pretrial conference scheduled at 10:00 am on 7/11/2024 At this time, the Parties believe there is good cause pursuant to FRCP 16(b)(4) as well as LCR 16(b)(6) for an extension of discovery-related deadlines in the Court’s Order Granting Stipulated Motion to Extended Case Schedule (Dkt. #40). The Parties are not asking the Court to extend any deadlines that have already passed, nor are the Parties asking the trial date be modified. Rather, the parties are asking that the Court grant the Parties’ joint request to extend the following pending discovery-related deadlines:
||| Disclosure of expert testimony under FRCP 26(a)(2) | 12/22/2023 2/22/2024 due Disclosure of rebuttal expert testimony under FRCP 1/23/2024 3/15/2024 26(a)(2) due |] | All motions related to discovery must be filed by 1/23/2024 3/21/2024 Discovery completed by 2/22/2024 4/1/2024 IS | Tan dispositive motions and motions challenging expert | 3/25/2024 4/7/2024 witness testimony must be filed by this date (see LCR 7(d)). Such motions must be noted for consideration no later than the fourth Friday thereafter (see LCR 7(d
The Parties believe the above-requested extensions are necessary given the high volume of documents still being produced in this matter, coupled with efforts to obtain access ! to documents marked as confidential pursuant to a Protective Order in the matter of Cherokee ! General Corporation v. United States, Case No. 18-412C (Ct. Cl. 2018) (the “Underlying Lawsuit”). The Parties are jointly coordinating the production of documents requested from STIPULATION AND ORDER EXTENDING CASE Ashbaugh Beal DEADLINES 701 FIFTH AVE., SUITE 4400
third parties via subpoenas served months ago, and some or all of the Parties intend to issue additional subpoenas in the coming weeks. In addition to the above, discovery in this litigation includes depositions of several different individuals, some of whom are no longer employed by the parties and/or are currently attempted to be located/reached by the parties, and other individuals currently/formerly employed by the United States Army Corps of Engineers (“USACE”), which have posed logistical challenges related to the scheduling of the same due to restrictions by the United States. The extensions requested by the Parties would allow the Parties additional time to ] resolve issues posed by the Protective Order in the Underlying Lawsuit, contact former and/or unavailable employees for the purposes of deposing the same, obtain documents pursuant to subpoenas previously issued, and provide the time necessary to obtain and review all relevant facts and information necessary to resolve this dispute. Il. RELIEF REQUESTED The Parties ask that the Court to extend the currently pending discovery-related deadlines set pursuant to Dkt. #40 as follows:
26(a)(2) due
witness testimony must be filed by this date (see LCR 7(d)). Such motions must be noted for consideration no later than the fourth Friday thereafter (see LCR 7(d
STIPULATION AND ORDER EXTENDING CASE Ashbaugh Beal DEADLINES ZO1 FIFTH AVE. SUITE 4400
In the alternative, to the extent the Court declines to grant the above-requested extensions, the Parties respectfully request the Court grant the following extensions of deadlines regarding expert reports: Event Current Date | Requested Date (In the Alternative ||| Disclosure of expert testimony under FRCP | 12/22/2023 2/6/2024 26(a)(2) due Disclosure of rebuttal expert testimony under 1/23/2024 2/26/2024 FRCP 26(a)(2) due To date, the Parties have worked diligently and effectively together on this matter, and have already attempted to mediate this dispute. Both SCI and Cherokee have issued discovery which has resulted in the continued production of documents, but leave the Parties with a significant volume of documents to review. The parties are currently attempting to schedule depositions, which has proven challenging given the logistical difficulties of scheduling witnesses employed or formerly employed by the USACE, (e.g., requiring the Parties submit Touhy Requests prior to deposing current/former employees of the USACE, the USACE’s restrictions of witness availability, etc.), the upcoming holidays, and the fact that several witnesses are former employees of the Parties. Finally, the Parties are currently engaged in discussions with one another and counsel for the Department of Justice in order for SCI to obtain documents produced by the United States in the Underlying Lawsuit, and are currently engaged in efforts to compel the production of documents pursuant to subpoenas issued (or subpoenas that will be issued) to third parties. The foregoing efforts have made a brief continuance of the deadlines in the interest of the Parties and the Court, as the above-requested STIPULATION AND ORDER EXTENDING CASE Ashbaugh Beal DEADLINES 701 FIFTH AVE., SUITE 4400
extensions will allow for a more efficient and effective resolution of the issues posed in this dispute. A. Legal Standard Pursuant to FRCP 16(b)(4), LCR 16(b)(6) the deadlines set forth in the Court’s Order Granting Stipulated Motion to Extended Case Schedule (Dkt. #40) may be modified with good cause. The “good cause” standard considers the diligence of the party (or Parties) seeking the g || amendment. Johnson vy. Mammoth Recreations, 975 F.2d 604, 609, (1992). The District Court g || can modify the schedule “if it cannot reasonably be met despite the diligence of the party 109 Seeking the extension." Johnson, 975 F.2d at 609. B- The Court Should Extend Discovery-Related Deadlines By 30 Days The above-described facts support that there is good cause for an extension of the
currently pending discovery-related deadlines in this matter. The extension will allow for the
Parties to continue to engage in necessary discovery and motion practice to prepare for trial or
another mediation effort. The Parties have effectively used their time and worked diligently together by exchanging information and documents, and have worked towards resolution of
the above-referenced challenges through regular and cooperative phone calls both with one
another and with third parties in possession of information relevant to this dispute. At this
point, an extension of the currently pending discovery-related deadlines 1s necessary to ensure
the Parties will have an opportunity to conduct all necessary discovery before the deadlines for
91 discovery and dispositive motions expire. A failure to grant an extension of these currently 97 pending deadlines would force the Parties to proceed in the case on incomplete facts and on an
unnecessarily expedited schedule.
STIPULATION AND ORDER EXTENDING CASE Ashbaugh Beal DEADLINES ZO1 FIFTH AVE. SUITE 4400
For the reasons stated above, the Parties jointly request the Court grant the above- requested extensions of currently pending discovery-related deadlines. DATED: December 1, 2023. I certify that this memorandum contains 1,278 words, in compliance with the Local Civil Rules. ASHBAUGH BEAL LLP By: _s/ Khalid Aziz Robert S. Marconi, WSBA #16369 bmarconi@ashbaughbeal.com Khalid Aziz, WSBA #57409 kaziz@ashbaughbeal.com Attorneys for SCI Infrastructure, LLC TOMLINSON BOMSZTYK RUSS By: _s/ David Vaz Blair M. Russ, WSBA #40374 bmr@tbr-law.com Aric S. Bomsztyk, WSBA #38020 asb@tbr-law.com David Vaz, WSBA #60480 dv@tbr-law.com Attorneys for Cherokee General Corporation and Hartford Insurance Company WILLIAMS KASTNER GIBBS By: _s/ Paul Friedrich Paul K. Friedrich, WSBA #43080 pfriedrich@williamskastner.com Attorneys for Swiss Re Corporate Solutions America Insurance Corporation f/k/a North American Specialty Insurance Company STIPULATION AND ORDER EXTENDING CASE Ashbaugh Beal DEADLINES 701 FIFTH AVE., SUITE 4400
ORDER The parties’ stipulated motion (Dkt. No. 50) is GRANTED: Event Date Disclosure of expert testimony under FRCP 26(a)(2) due 2/22/2024 Disclosure of rebuttal expert testimony under FRCP 26(a)(2) due 3/15/2024 All motions related to discovery must be filed by 3/21/2024 Discovery completed by 4/1/2024 All dispositive motions and motions challenging expert witness 4/7/2024 testimony must be filed by this date (see LCR 7(d)). Such motions must be noted for consideration no later than the fourth Friday thereafter (see LCR 7(d 1] Any case deadline previously set (see Dkt. No. 40) and not modified by this order remains in effect. DATED this Ist day of December, 2023.
A Gnber a Ke Emsam Kymberly K. Evanson United States District Judge
! Presented by: By: _s/ Khalid Aziz Robert S. Marconi, WSBA #16369 bmarconi@ashbaughbeal.com Khalid Aziz, WSBA #57409 kaziz@ashbaughbeal.com Attorneys for SCI Infrastructure, LLC
STIPULATION AND ORDER EXTENDING CASE Ashbaugh Beal DEADLINES 701 FIFTH AVE., SUITE 4400
TOMLINSON BOMSZTYK RUSS By: _s/ David Vaz Blair M. Russ, WSBA #40374 bmr@tbr-law.com Aric S. Bomsztyk, WSBA #38020 asb@tbr-law.com David Vaz, WSBA # dv@tbr-law.com Attorneys for Cherokee General Corporation and Hartford Insurance Company By: _s/ Paul Friedrich Paul K. Friedrich, WSBA #43080 pfriedrich@williamskastner.com Attorneys for Swiss Re Corporate Solutions America Insurance Corporation f/k/a North American Specialty Insurance Company STIPULATION AND ORDER EXTENDING CASE Ashbau g h Beal DEADLINES 701 FIFTH AVE., SUITE 4400