McClintock v. United States of America

1 The Honorable Benjamin H. Settle

7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 8 AT TACOMA RAMONA MCCLINTOCK, CASE No. 3:19-cv-05835-BHS 10 Plaintiff. STIPULATED MOTION FOR LIMITED EXTENSION OF DISCOVERY DEADLINES 11 v. AND ORDER UNITED STATES OF AMERICA; NOTED FOR CONSIDERATION: CATHLEEN JENSEN and JOHN DOE July 22, 2021 JENSEN, 14 Defendants.

16 STIPULATED MOTION FOR LIMITED EXTENSION OF DISCOVERY DEADLINES 18 Pursuant to Local Rules 10(g) and 16(b)(6), the parties hereby jointly stipulate and move the Court for an extension of the discovery deadlines.

20 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 submit there is good cause for an extension of the deadlines. This case arises out of a motor vehicle collision that occurred on November 30, 2017.

24 Plaintiff alleges she suffered injuries and damages as a result of the collision. Plaintiff also alleges that her implanted spinal neurostimulator was compromised as a result of the collision. The parties have been working to obtain records from Nevro Corp., the manufacturer of the neurostimulator.

3 The parties believe it is critical that each party’s expert(s) be given an opportunity to thoroughly and completely review these records in order to provide complete opinions prior to the discovery cutoff. Due to unforeseen circumstances and delays not the fault of any party or counsel, the parties continue to run into complications and delays in receiving the records, incomplete records, and hard to read copies.

8 Based on the foregoing, the parties agree to extend the current deadlines as follows: 9 CURRENT DEADLINES NEW DEADLINES Disclosure of expert August 6, 2021 September 7, 2021 testimony under FRCP 26(a)(2) Disclosure of rebuttal September 6, 2021 October 7, 2021 expert testimony under FRCP 26(a)(2) Deadline for filing motions September 24, 2021 October 26, 2021 related to discovery. Any such motions shall be noted for consideration pursuant to LCR 7(d)(3) Discovery completed by September 30, 2021 November 1, 2021 All dispositive motions must October 8, 2021 November 9, 2021 be filed by and noted on the motion calendar no later than the fourth Friday thereafter (see LCR 7(d)) // // // IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

3 DATED: July 22, 2021 s/ Jonathan Lee JONATHAN LEE, WSBA #42505 4 PREMIER LAW GROUP PLLC 1408 140th PLACE NE 5 Bellevue, Washington 98007 Telephone: (206) 285-1743 6 Email: [email protected] 7 Attorneys for Plaintiff

DATED: July 22, 2021 s/ Heather C. Costanzo 9 HEATHER C. COSTANZO, FL #37378 Assistant United States Attorney 10 United States Attorney’s Office Stewart Street, Suite 5220 Seattle, WA 98101-1271 Phone: (206) 553-7970 Email: [email protected] Attorneys for Defendant United States of 13 America

15 DATED: July 22, 2021 s/ Debra M. Akhbari DEBRA M. AKHBARI, WSBA #47500 16 HELSELL FETTERMAN LLP 1001 FOURTH AVE., Suite 4200 17 Seattle, WA 98154-1154 Phone: (206) 689-2106 Email: [email protected] Attorneys for Defendant Jensen

1 ORDER

Pursuant to the parties’ forgoing stipulation to extend deadlines, IT IS SO ORDERED.

4 Dated this 23rd day of July, 2021.

A BENJAMIN H. SETTLE 9 United States District Judge