Abacus Guardianship Inc v. United States

6 HONORABLE JAMES L. ROBART UNITED STATES DISTRICT COURT 8 WESTERN DISTRICT OF WASHINGTON AT SEATTLE SAM MALESKI of ABACUS 10 GUARDIANSHIP, INC., as Personal No. 2:21-cv-00921-JLR Representative of the Estate of MELVIN F.

11 DANIEL, and on behalf of the beneficiaries STIPULATED MOTION AND ORDER TO CONTINUE DEADLINES of the Estate, NOTE ON MOTION CALENDAR: 3/7/2023 Plaintiff, 13 v. 14 UNITED STATES OF AMERICA, 15 Defendant.

16 STIPULATION 17 For good cause shown and pursuant to Federal and Local Rule of Civil Procedure 16(b), 18 Plaintiff Sam Maleski of Abacus Guardianship Service as Personal Representative of the Estate 19 of Melvin F. Daniel and Defendant United States of America (“USA”), respectfully and jointly 20 move the Court for entry of an order adjusting the pre-trial deadline for disclosing expert 21 testimony by 45-days.

22 For good cause shown and with the Court’s consent, the Court may modify the deadlines 23 in the scheduling order. Fed. R. Civ. P. 16(b)(4); see also LCR 16(b)(5). The “good cause” standard primarily considers the diligence of the party seeking the amendment: the district court may modify the pretrial schedule if it cannot reasonably be met despite the diligence of the party seeking the extension. See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992) (citing Fed. R. Civ. P. 16 advisory committee’s notes (1983 amendment)). Although the existence or degree of prejudice to the opposing party might supply additional considerations for a motion to modify, the focus remains on the moving party’s reasons for seeking modification. See, e.g., Johnson, 975 F.2d at 609 (internal citation omitted).

8 Counsel for the parties have been working cooperatively in discovery, have conferred, and agree that good cause exists to modify the case schedules, as set forth below: 10 1. On November 20, 2022, Melvin F. Daniel died.

11 2. On January 24, 2023, Sam Maleski was appointed as Personal Representative of the 12 Estate of Melvin Daniel.

13 3. On February 10, 2023, the Plaintiffs filed a Second Amended Complaint substituting 14 the Sam Maleski as Personal Representative of the Estate of Melvin Daniel. Dkt. 26.

15 4. The current deadline for disclosing expert testimony under FRCP 26(a)(2) is April 19, 16 2023. Dkt. 10.

17 5. Depositions of representatives of the United States have been scheduled for April 7, 18 2023.

19 6. The parties need time for experts to review these depositions in order to finalize their 20 reports in this matter.

21 7. The parties have scheduled a mediation with WAMS Mediator Tom Merrick for April 22 14, 2023.

23 8. The parties hereby agree to continue the expert disclosure deadline to June 5, 2023.

1 DATED this 7th day of March, 2023.

2 CONNELLY LAW OFFICES, PLLC By____/s Micah R. LeBank____________ 4 Micah R. LeBank, WSBA No. 38047 Attorneys for Plaintiff 5 2301 North 30th Street Tacoma, WA 98403 6 (253) 593 5100 Fax (253) 593 5100 DES MOINES ELDER LAW By_/s_Ermin Ciric_ _________________ Ermin Ciric, WSBA No. 52611 South 227th Street Des Moines, WA 98198 11 Phone: (206) 212-0220 E-mail: [email protected] 13 NICHOLAS W. BROWN United States Attorney By s/Whitney Passmore________________ 15 WHITNEY PASSMORE, FL. No. 91922 16 By s/Erin K. Hoar____________________ ERIN K. HOAR, CA NO. 311332 17 Assistant United States Attorneys United States Attorney’s Office 18 700 Stewart Street, Suite 5220 Seattle, WA 98101-1271 19 Phone: 206-553-7970 E-Mail: [email protected] 20 E-Mail: [email protected]

1 II. ORDER 2 Based on the foregoing Stipulation of the parties the expert disclosure deadline is hereby continued to June 5, 2023.

4 IT IS SO ORDERED.

5 DATED this 7th day of March, 2023.

7 A HONORABLE JAMES L. ROBART United States District Judge Presented by: 11 CONNELLY LAW OFFICES, PLLC By__/s Micah R. LeBank_____________ 13 Micah R. LeBank, WSBA No. 38047 Jackson R. Pahlke, WSBA No. 52812 14 Attorneys for Plaintiff 2301 North 30th Street 15 Tacoma, WA 98403 (253) 593 5100 Fax (253) 593 5100 DES MOINES ELDER LAW By_/s__Ermin Ciric_ _________________ Ermin Ciric, WSBA No. 52611 South 227th Street Des Moines, WA 98198 Phone: (206) 212-0220 E-mail: [email protected]