Synoracki v. Alaska Airlines Inc

4 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 5 AT SEATTLE 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 ALASKA AIRLINES, INC., et al., Defendants.

12 I. INTRODUCTION 13 The parties, by and through their undersigned counsel, jointly submit this stipulated motion to extend Plaintiff’s deadline to file his response (the “Response”) to Defendants’ Motion for Summary Judgment (Dkt. No. 49) (the “Motion”), currently due November 30, 2020, to December 14, 2020 and for Defendants’ Motion, currently noted for December 4, 2020, to be noted for consideration on January 8, 2020, with Defendants’ reply in support of that Motion to be filed by that date. Good cause exists for this extension in light of the professional commitments and 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 by 90 days. The parties stipulate that an extension of these deadlines is necessary to provide this Court time to rule on Defendants’ summary judgment motion.

23 II. STATEMENT OF FACTS 24 This is a civil class action brought pursuant to the Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. § 4301 et seq. On May 22, 2020, this Court certified two classes of Alaska Airlines, Inc. (“Alaska”) pilots who did not accrue sick or vacation time while on periods of military leave.

2 This case was filed in December 2018. Trial is set for February 1, 2021. Defendants filed the Motion on November 9, 2020, which is currently noted for a hearing on December 4, 2020, and with Plaintiffs’ Response currently due November 30, 2020.

5 III. ARGUMENT 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) (“[R]equests for extensions of time made before the applicable deadline has passed should normally . . . be granted in the absence of bad faith on the part of the party seeking relief or 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 Defendants’ Motion and Defendants’ time to file their reply because of the parties’ other professional commitments and scheduling conflicts during this time period, including pre-planned travel over the holidays during that time. Moreover, the parties stipulate that good cause exists to extend the other pretrial deadlines in this matter to provide this Court time to review and rule on Defendants’ Motion, which seeks to dismiss all claims brought by Plaintiff and the classes in this 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 earlier than the second Friday thereafter.

Replies will be accepted.

21 Agreed pretrial order due January 18, 2021 April 19, 2021 Trial briefs, proposed voir dire questions, January 27, 2021 April 27, 2021 proposed jury instructions, and trial exhibits due 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.

1 IV. CONCLUSION 2 For these reasons, the parties respectfully move the Court to extend Plaintiff’s time to file a Response to Defendants’ Motion from November 30, 2020 to December 14, 2020, to notice Defendants’ Motion for January 8, 2020, and to extend all other deadlines in this matter by 90 days.

6 FOR DEFENDANTS: By: /s/Mark W. Robertson_______________ Mark W. Robertson (admitted pro hac vice) Kathryn S. Rosen, WSBA #29465 (N.Y. Bar #4508248) Davis Wright Tremaine O’Melveny & Myers LLP 920 5th Avenue, Ste. 3300 7 Times Square Seattle, Washington 98104-1610 New York, New York 10036 Tel.: (206) 622-3150 Tel.: (212) 326-2000 Fax: (206) 757-7700 Fax: (212) 326-2061 [email protected] [email protected] Tristan Morales (admitted pro hac vice) 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 [email protected] FOR PLAINTIFF: By: /s/Gene J. Stone Barger__________ Gene J. Stonebarger (admitted Pro Hac Vice) Brian J. Lawler (admitted Pro Hac Vice) [email protected] [email protected] Crystal L. Matter (admitted Pro Hac Vice) PILOT LAW, P.C. [email protected] 850 Beech Street, Suite 713 STONEBARGER LAW San Diego, California 92101 Parkshore Drive Phone: 866.512.2465 Suite 100 Fax: 619.231.4984 Folsom, California 95630 Phone: 916.235.7140 Charles M. Billy (admitted Pro Hac Vice) Fax: 916.235.7141 [email protected] The Law Offices of Charles M. Billy, APC Daniel Kalish 22706 Aspan Street, Ste 305 [email protected] Lake Forest, CA 92630 HKM EMPLOYMENT ATTORNEYS LLP Phone: 949-357-9636 Stewart Street, Ste 901 Seattle, WA 98101 Phone: 206-838-2504 Counsel for Plaintiff and the Classes 1 ORDER 2 Based on the foregoing stipulation, the Court ORDERS that Plaintiff’s time to file a response to Defendants’ Motion for Summary Judgment (Dkt. No. 49) is extended from November 30, 2020 to December 14, 2020, Defendants’ Motion for Summary Judgment shall be noticed for January 8, 2021 and Defendants shall file their reply in further support of this motion by this date, and all other deadlines in this matter shall be extended by 90 days, as set forth below: 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 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 Trial date February 1, 2021 May 3, 2021 Dated this 16th day of November, 2020.

The Honorable Robert S. Lasnik 19 United States District Court Judge