Silbaugh v. Chao

1 The Honorable Ricardo S. Martinez

6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 7 AT SEATTLE ALISHA SILBAUGH, an individual, ) No.: 2:17-cv-01759-RSM ) 9 Plaintiff, ) STIPULATED MOTION TO EXTEND ) DEADLINES AND ORDER 10 vs. ) ) ELAINE CHAO, Secretary of the Department ) NOTED FOR CONSIDERATION: of Transportation, ) October 7, 2020 12 ) Defendant. ) 13 STIPULATION 14 Plaintiff Alisha Silbaugh and Defendant Elaine Chao, through their respective counsel, hereby stipulate to the present motion for an extension of the remaining case deadlines including the current trial date of May 3, 2021.

17 A court may modify a schedule for good cause. Fed. R. Civ. P. 16(b)(4). Continuing pretrial and trial dates is within the discretion of the trial judge. See King v. State of California, 784 F.2d 910, 912 (9th Cir. 1986). The parties are still engaged in discovery and expect discovery to extend beyond the current discovery deadline. The ongoing COVID-19 pandemic has also caused delays for both parties, necessitating additional time for discovery and pretrial preparations. Although the parties have worked cooperatively and diligently to meet the deadlines, they have been unable to obtain all of the necessary medical and other records because of the large volume of third party records held in this case. Without complete records, experts will be unable to provide complete and accurate reports, and the parties are unable to complete discovery by the current deadlines. For these reasons, good cause exists for the court to modify the current case schedule.

4 Based on the foregoing, the parties agree to extend the current deadlines as follows: Event Current Deadline New Deadline Disclosure of expert November 6, 2020 March 5, 2021 testimony under FRCP 26(a)(2) Deadline for filing motions December 5, 2020 April 9, 2021 related to discovery. Any such motions shall be noted for consideration pursuant to 11 LCR 7(d)(3) Discovery completed by January 6, 2021 May 5, 2021 All dispositive motions must February 4, 2021 June 3, 2021 be filed by and noted on the motion calendar no later than the fourth Friday thereafter (see LCR 7(d)) Mediation per LCR March 18, 2021 July 22, 2021 39.1(c)(3), if requested by the parties, held no later than All motions in limine must be April 5, 2021 August 9, 2021 filed by and noted on the motion calendar no later than the THIRD Friday thereafter Agreed pretrial order due April 21, 2021 August 25, 2021 Pretrial conference to be scheduled by the Court Trial briefs, proposed voir April 28, 2021 September 1, 2021 dire questions, jury instructions, neutral statement of the case, and trial exhibits due JURY TRIAL DATE May 3, 2021 September 20, 2021 Length of Trial 5−9 days IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

2 DATED: October 7, 2020 ROCKE | LAW Group, PLLC s/ Peter Montine 4 Peter Montine, WSBA No. 49815 Rocke Law Group, PLLC 5 101 Yesler Way, Suite 603 Seattle, WA 98104 6 Phone: (206) 652-8670 Email: [email protected] Attorney for Plaintiff

10 DATED: October 7, 2020 United States Attorney’s Office s/ Sarah K. Morehead 12 SARAH K. MOREHEAD, WSBA #29680 HEATHER C. COSTANZO, FLBA #37378 13 Assistant United States Attorneys United States Attorney’s Office 14 700 Stewart Street, Suite 5220 Seattle, WA 98101-1271 15 Phone: (206) 553-7970 Email: [email protected] 16 Email: [email protected] 17 Attorneys for Defendant 18 ORDER 19 IT IS SO ORDERED.

20 Dated this 8th day of October, 2020.

RICARDO S. MARTINEZ 23 CHIEF UNITED STATES DISTRICT JUDGE DECLARATION OF SERVICE I caused a copy of the foregoing Stipulated Motion to Extend Deadlines and [Proposed] Order to be served on the following in the manner indicated: Via ECF: 5 Sarah K. Morehead Heather Costanzo 6 Assistant United States Attorneys United States Attorney’s Office 7 700 Stewart Street, Suite 5220 Seattle, Washington 98101 8 [email protected] [email protected] on today’s date.

I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct to the best of my belief.

Signed and DATED this 7th day of October, 2020.

14 Katie Snodgrass, Legal Assistant