Poplawski v. Pedersen

l U.S. District Judge Barbara J. Rothstei UNITED STATES DISTRICT COURT 6 WESTERN DISTRICT OF WASHINGTON AT SEATTLE LINDA POPLAWSKI, No. 2:18-cv-01704-BJR 9 oe Vy Plaintitt, 2" STIPULATION AND ORDER 10 \) | AMENDING CASE SCHEDULE 1) || ERIC PEDERSEN, et al, 2 Defendants. ) STIPULATION For good cause shown and with the Judge’s consent, the Court may modify the deadlines 1 the scheduling order. Fed. R. Civ. P. 16(b)(4); see also LCR 16(b)(5). The “good cause” standard primarily considers the diligence of the party seeking the amendment: the district court may modify the pretrial schedule if it cannot reasonably be met despite the diligence of the party || Seeking the extension. See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. || 1992) (citing Fed. R. Civ. P. 16 advisory committee’s notes (1983 amendment)). Although the || existence or degree of prejudice to the opposing party might supply additional considerations for ||a motion to modify, the focus remains on the moving party’s reasons for seeking modification.

23 || See also Johnson, 975 F.2d at 609 (internal citation omitted).

24 On January 23, 2019, the Court issued its case schedule order, which established July 29, STIPULATION & ORDER AMENDING CASE SCHEDULE 2:18- CARNEY 600 Ist Ave, Suite LLOs cv-01704-BJR SEATTLE, WA 98104 GILLESPIE MAIN / FAX 206#445*022720 2019 as the date for disclosure of expert testimony under Fed. R. Civ. P. 26(a)(2. (Dkt. # 16.)

The Court set the discovery cut-off for August 28, 2019 and the dispositive motion filing deadline for September 27, 2019. (U/d.) Trial is scheduled for February 24, 2020. (/d.) The || Court’s scheduling order will only be amended for good cause shown. (/d. at 2; LCR 16(b)(5).)

5 On July 15, 2019, the court entered a stipulated order amending the case schedule for short || delays of the deadlines for expert reports, all other discovery, and dispositive motions to || accommodate scheduling difficulties created by Ms. Poplawski’s unforeseen medical || unavailability. (Dkt. #21). The remainder of the deadlines were left unchanged from the court’s || original case schedule.

10 Anticipating satisfying the current deadline for the exchange of expert reports, the parties seek to amend the current remaining deadlines by about two and a half months to accommodate ongoing settlement negotiations. The parties are currently scheduled for mediation before the Honorable Sharon Armstrong on October 3, 2019. Allowing that process to proceed without the need to satisfy additional deadlines immediately would potentially save considerable time and ° money, and resources for the parties and for the court.

IT IS HEREBY STIPULATED AND AGREED between the undersigned parties, through their respective counsel of record, that good cause exists to amend certain case scheduling deadlines as set forth below:

:

STIPULATION & ORDER AMENDING CASE SCHEDULE 2:18- OTE BIR cannes | eeensussa Joint Pretrial Statement March 9, 2020 4 RESPECTFULLY SUBMITTED this 27th day of August, 2019.

CARNEY GILLESPIE ISITT, PLLP By/s/ Sean P. Gillespie 7 SEAN P. GILLESPIE, WSBA #35365 Attorney for Plaintiff 8 600 First Avenue, Suite LLO8 Seattle, WA 98104 T & F: 206-445-0220 9 Email: [email protected] 11 CHRISTIE LAW GROUP, PLLC 12 By /s/ Thomas P. Miller THOMAS P. MILLER, WSBA #34473 13 Attorney for Defendant 2100 Westlake Avenue N, Suite 206 14 Seattle, WA 98109 Telephone: (206) 957-9669 15 Fax: (206) 352-7875 Email: [email protected] ORDER 19 Based upon the foregoing Stipulation, the Court finds that good cause exists to amend the |} case schedule order as set forth in the Stipulation.

21 DATE: August 29, 2019 □ Meebin, 22 aS HONORABLE BARBARA J. ROTHSTEIN 23 United States District Court Judge STIPULATION & ORDER AMENDING CASE SCHEDULE 2:18- CARNEY 600 Ist Ave, Suite LLOs cv-01704-BJR SEATTLE, WA 98104 _LfA GILLESPIE MAIN / FAX 206#445*022720 CERTIFICATE OF SERVICE I certify that on August 27, 2019, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which will send notification of such filing to all parties.

4 s/Sean Gillespie 5 Sean Gillespie 1] STIPULATION & ORDER AMENDING CASE SCHEDULE 2:18- cannes | eeensussa