Contreraz v. City of Tacoma

UNITED STATES DISTRICT COURT 6 WESTERN DISTRICT OF WASHINGTON AT TACOMA ZIMMERI CONTRERAZ, individually, CASE NO. 3:22-cv-05106 Plaintiff, ORDER GRANTING STIPULATED MOTION TO CONTINUE TRIAL DATE v. AND CONTINUING PRE-TRIAL DEADLINES CITY OF TACOMA; SOUTH SOUND 911; CHRISTOPHER BAIN, Defendants.

This motion comes before the Court on the parties’ Stipulated Motion to Continue the Trial Date. Dkt. No. 67. Under Fed. R. Civ. P. 16(b)(4) and LCR 16(b)(6), the parties may modify the case schedule for good cause shown and with the Court’s consent. The parties represent that they are engaged in trial preparation, including discovery and deposition preparation, and that the discovery process is taking longer than anticipated. See Dkt. No. 67. So the parties request a new trial date of April 8, 2024, but this matter has been delayed on the parties requests on many prior occasions. See Dkt. Nos. 16, 19, 24, 33, 43.

Under Fed. R. Civ. P. 16(b), the Court considers the diligence of the party seeking the amendment. Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992). “[T]he focus of the inquiry is upon the moving party’s reasons for seeking modification.” Id. The parties stipulated motion does not refer to “good cause,” and besides having “many potential witnesses,” the parties provide no specific reasons for this latest request. Dkt. No. 67.

3 Even so, the Court finds good cause to continue the trial and related dates as a matter docket management and judicial efficiency. This matter was assigned to Judge Whitehead on April 4, 2023. Dkt. No. 46. Defendants City of Tacoma and Christopher Bain have two motions pending, including one seeking a protective order for the deposition of Mayor Victoria Woodards and Chief Avery Moore, and another seeking the protection of disclosed documents. See Dkt.

8 Nos. 47, 52. Because the outcome of these pending motions may affect the parties’ discovery obligations, good cause exists for the trial date to be continued to April 8, 2024, with the related dates continued as follows: 11 EVENT DATE 12 JURY TRIAL begins April 8, 2024 13 Length of trial 10 days 14 Deadline for filing amended pleadings September 11, 2023 15 Disclosure of expert testimony under September 11, 2023 Fed. R. Civ. P. 26(a)(2) Disclosure of rebuttal expert testimony under within 30 days after 17 Fed. R. Civ. P. 26(a)(2) the other party’s expert disclosure All motions related to discovery must be filed by October 11, 2023 19 (see LCR 7(d)) Discovery completed by November 10, 2023 All dispositive motions and motions challenging expert December 11, 2023 witness testimony must be filed by 22 (see LCR 7(d)) Settlement conference under LCR 39.1, if February 8, 2024 requested by the parties, held no later than 1 EVENT DATE 2 All motions in limine must be filed by February 28, 2024 (see LCR 7(d)) Deposition Designations must be submitted to March 18, 2024 4 the Court by (see LCR 32(e)) 5 Agreed pretrial order due March 18, 2024 6 Trial briefs, proposed voir dire questions, and March 25, 2024 proposed jury instructions must be filed by Pretrial conference April 1, 2024 9 It is so ORDERD.

10 Dated this 31st day of May, 2023.

A Jamal N. Whitehead 13 United States District Judge