Allison v. Dick's Sporting Goods Inc

1 The Honorable Benjamin H. Settle 7 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AMY ALLISON individually, and as Limited Guardian over minor N.A., Case No. 3:22-cv-05983-BHS 10 Plaintiff, STIPULATED MOTION AND ORDER TO STAY ACTION 11 v. Note on Motion Calendar: DICK’S SPORTING GOODS, INC., a Friday, March 3, 2023 Pennsylvania Corporation, Defendant.

15 Plaintiff AMY ALLISON and Defendant DICK’S SPORTING GOODS, INC. (collectively “the Parties”), by and through their respective counsel of record, hereby stipulate to and jointly move this Court for an order staying the case pending completion of settlement negotiations on May 30, 2023. In support of this motion, the Parties state the following: 19 1. On December 16, 2022, this matter was removed from Pierce County Superior Court to the Western District of Washington at Tacoma.

21 2. On January 9, 2023, the Parties entered serious settlement negotiations, and on January 24, 2023 the parties agreed to tentative settlement terms.

23 3. On January 26, 2023, Counsel for Defendants, Mathias Deeg, notified the court by email that the Parties had reached a settlement in principle resolving all claims, and requesting a stay of all pending activity until all terms could be finalized.

26 4. The deadline for Fed. R. Civ. P. 26(f) Conference is March 15, 2023. The deadline for Initial Disclosures Pursuant to Fed. R. Civ. P. 26(a)(1) is March 22, 2023. The deadline for the Combined Joint Status Report and Discovery Plan as Required by Fed. R. Civ. P. 26(f) and Local Civil Rule 26(f) is March 29, 2023.

4 5. The Parties have diligently conferred on settlement but will be unable to confirm all terms for a full release of claims until May 9, 2023. Continuing recent and pending pre-trial deadlines in the case until May 30, 2023 will allow the Parties to finalize terms and permit this matter to be resolved through alternative dispute resolution discussions.

8 6. The Court may extend the case schedule where good cause exists. Fed. R. Civ. P. 16(b)(4); LCR 16(b)(5); Johnson v. Mammoth Recreations, Inc., 975 F.2d 604 (9th Cir. 1992).

10 Good cause exists for this extension, and a continuance will afford the parties the time necessary to confirm settlement terms and resolve this matter without further expense of judicial resources.

12 Counsel for both parties have discussed this extension with their respective clients and the Parties agree with this extension.

15 STIPULATED this ____ day of March, 2023.

17 ___________________________________ _____________________________________ Thaddeus P. Martin, WSBA #28175 Alyesha Asghar Dotson, WSBA #55122 18 [email protected] Law Office Of Thaddeus P. Martin Mathias Deeg, WSBA #52864 19 3015 Bridgeport Way West [email protected] University Place, WA 98466 20 Phone: (206) 682-3420 LITTLER MENDELSON, P.C.

Fax: (253) 682-0977 One Union Square 21 Email: [email protected] 600 University Street, Suite 3200 Seattle, WA 98101.3122 Attorney for Plaintiff Telephone: 206.623.3300 Facsimile: 206.447.6965 Attorneys for Defendant

1 ORDER 2 PURSUANT TO THE PARTIES’ STIPULATION, IT IS SO ORDERED that the above- captioned matter be STAYED for all purposes until May 30, 2023.

4 DATED this 3rd day of March, 2023.

5 A BENJAMIN H. SETTLE United States District Judge

1 CERTIFICATE OF SERVICE 2 I am a resident of the State of Washington, over the age of eighteen years, and not a party to the within action. My business address is One Union Square, 600 University Street, Ste. 3200, Seattle, WA 98101. I hereby certify that on March 3, 2023, I electronically filed the foregoing document titled Stipulated Motion and (Proposed) Order to Stay Action with the Clerk of the Court using the CM/ECF system, which will send notification of such filing to the following CM/ECF system participants: Plaintiff’s Counsel: Thaddeus P. Martin, WSBA #28175 LAW OFFICE OF THADDEUS P. MARTIN 3015 Bridgeport Way West University Place, WA 98466 Phone: (206) 682-3420 Fax: (253) 682-0977 Email: [email protected] 13 [email protected] I declare under penalty of perjury under the laws of the State of Washington that the above is true and correct. Executed on March 3, 2023, at Seattle, Washington.

16 /s/ Noemi Villegas Noemi Villegas, Legal Secretary 17 [email protected] LITTLER MENDELSON, P.C.