Logg v. Abilene Motor Express, Inc.

1 HONORABLE THOMAS S. ZILLY Trial Date: April 20, 2020 UNITED STATES DISTRICT COURT 8 WESTERN DISTRICT OF WASHINGTON AT SEATTLE || TRAVIS K. LOGG, No. 18-cv01398 TSZ Plaintiff, 2 STIPULATED MOTION AND ORDER Vs. TO EXTEND CERTAIN EXPERT 13 DISCOVERY DEADLINES ABILENE MOTOR EXPRESS, INC., and DAVID W. BROOKS, Defendants.

STIPULATION 18 The parties, by and through counsel, stipulate to and move for an Order extending the || timelines to disclose expert opinions of liability expert witnesses. The parties are aware of and have complied with Johnson vy. Mammoth Recreations, Inc., 975 F.2d 604, 607-08 (9th Cir. 1992) and state that they have used due diligence and believe that there is good cause to grant the brief extension requested as set forth below: Both parties represent that they have been diligently working to obtain all necessary depositions and that a multiple depositions have been taken. Despite the parties’ efforts two (2) of the depositions will be unable to be taken required to meet the scheduling deadlines despite STIPULATED MOTION AND ORDER TO WILSON 901 et AVENUE, SurTE 1700 EXTEND CERTAIN EXPERT DISCOVERY y SMITH SEATTLE, WASHINGTON 98164 DEADLINES (Cause No. 18-cv01398 TSZ) — 1 4 COCHRAN _ TELEPHONE: (206) 623-4100 48/J86317.103/3397537x IAN DICKERSON “FAX! (206) 623-9273 the parties’ diligence. The current deadline to disclose all expert opinions is November 15, 2019, with rebuttal reports due 30 days later. However, the parties need to complete the Rule ; 30(b)(6) deposition of Defendant Abilene Motor Express, Inc. and the deposition of Defendant David Brooks before disclosing liability expert reports and opinions, both of which were previously scheduled and are now scheduled to take place in Richmond, Virginia on December 5, 2019. The parties have agreed on the topics, location, and deponents. Despite best efforts, g || given personal issues of the deponents, the deponents were not available on earlier dates.

9 Granting a brief extension will avoid the need for supplemental reports being produced just before rebuttal reports are produced based on the testimony from those depositions. It will also avoid the need for supplemental rebuttal reports.

2 To avoid discovery disputes and promote efficiency, the parties propose amending the deadlines to disclose liability experts ONLY as follows (1) extending the initial expert 1s disclosure deadline from November 15, 2019 to December 13, 2019 (10 days after the two || depositions to allow the court reporter time to prepare the depositions and liability experts time || to review the deposition transcripts) and (2) extending the rebuttal expert disclosure deadline from December 15, 2019 to December 20, 2019 (5 additional days). The parties are not requesting a change to any other expert witness deadlines, like medical experts or damages experts.

The parties have also agreed to disclose the identity, CVs, past testimony list, and publication lists of all their retained experts, including liability experts, on November 15, 2019, but wait until December 13, 2019, to disclose the liability expert opinions as outlined above.

25 Moreover, this requested extension will not affect the other case deadlines or require an || extension to the discovery deadlines or trial date.

STIPULATED MOTION AND ORDER TO WILSON 901 FIFTH AVENUE, SUITE 1700 EXTEND CERTAIN EXPERT DISCOVERY 4 SMITH SEATTLE, WASHINGTON 98164 DEADLINES (Cause No, 18<v01398 182) ~ 2 Yes mm cae 1 DATED: November 8, 2019.

2 Attorney for Plaintiff: Attorney for Plaintiff: Morgan G. Adams (approved for e- Morgan G, Adams (approved for e- s/ Christopher M. Davis (approved for e- | signature) signature) ; area fcans, ae No. 51071 Christopher M. Davis, WSBA No. 23234 5D Al ks c Way Davis Law Group, P.S.

6 askan Way 2101 Fourth Avenue, Suite 1030 Seattle, WA 98104 Phone: 206-456-2525 Seattle, WA 98121-2328 | Bumil, Adyme@tneckwreckiusti Phone: 206-727-4000 ext. 101 mail: Adams @truckwreckjustice.com Email: chris @ davislawgroupseattle.com ? Attorneys for Defendants: Attorneys for Defendants: s/ Jeff Sbaih s/ Suzanne Pierce (approved for e-signature) 11 Dylan E. Jackson, WSBA No. 29220 Suzanne Pierce, WSBA No. 22733 Jeff M. Sbaih, WSBA No. 51551 John Moore, WSBA No. 45558 12 Wilson Smith Cochran Dickerson Matthew Ishihara, WSBA No. 54333 B 901 Fifth Ave Suite 1700 Davis Rothwell Earle & Xochihua Seattle, WA 98164 520 Pike Street, Ste. 2500 14 Phone: 206-623-4100 Seattle, WA 98101-4083 Email: [email protected]; Phone: 206-622-2295 15 sbaih@ wscd.com Email: spierce @ davisrothwell.com; jmoore @ davisrothwell.com; 16 mishihara @ davisrothwell.com STIPULATED MOTION AND ORDER TO WILSON 901 Fier AVENUE, SUITE 1700 EXTEND CERTAIN EXPERT DISCOVERY y SMITH SEATTLE, WASHINGTON 98164 DEADLINES (C No. 18-cv01398 TSZ) — 3 4 COCHRAN _ TELEPHONE: (206) 623-4100 S/IS6317 103/339753 ° IAN DICKERSON “FAX! (206) 623-9273 ORDER IT IS HEREBY ORDERED: 1. The parties’ stipulated motion, docket no. 21, is GRANTED.

2. The initial expert disclosure deadline is hereby extended from November 15, 2019 to December 13, 2019.

3. The parties shall disclose the identity, CVs, past testimony list, and publication lists of all their retained experts, including liability experts, on November 15, 2019.

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4. The rebuttal expert disclosure deadline is hereby extended from December 15, 2019 to December 20, 2019.

5. No other case deadlines are affected by this Order.

14 .

DATED this 15th day of November, 2019. \ \onaa poh 17 Thomas S. Zilly United States District Judge STIPULATED MOTION AND ORDER TO WILSON 901 FieTH AVENUE, Surme 1700 EXTEND CERTAIN EXPERT DISCOVERY y SMITH SEATTLE, WASHINGTON 98164 DEADLINES (Cause No. 18-cv01398 TSZ) — 4 ( COCHRAN _ TELEPHONE: (206) 623-4100 48/J86317.103/3397537x VA SICKERSON —_-FX#(206) 623-9273