Baga v. Presidio Networked Solutions LLC

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 10 LAURA BAGA, CASE NO. 2:22-cv-1325 MJP 11 Plaintiff, ORDER GRANTING STIPULATED MOTION TO CONTINUE TRIAL 12 v. AND EXTEND PRETRIAL DEADLINES 13 PRESIDIO NETWORKED SOLUTIONS, LLC, Defendant.

This matter comes before the Court on the Parties’ Stipulated Motion to Continue Trial and Extend Pretrial Deadlines. (Dkt. No. 19.) Having reviewed the Motion and all supporting materials, the Court GRANTS the Motion.

The Parties ask for an extension of the trial date and remaining case deadlines because they have been attempting to engage in mediation since June, but were unable to complete an August 3 mediation due to an unforeseen insurance issue impacting Defendant’s authority to settle. To allow the Parties to attempt resolution of this case with the insurance issue resolved, they ask for an extension of the remaining case deadlines and a new trial date in April 2024.

3 Rule 16(b)(4) states that “a schedule may be modified only for good cause and with the judge’s consent.” Fed. R. Civ. P. 16(b)(4). “Rule 16(b)’s ‘good cause’ standard primarily 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” and “[i]f that party was not diligent, the inquiry should end.”

8 Id. (citation omitted).

9 The Parties have shown sufficient good cause to merit an extension of the remaining case deadlines and a new trial date. As the Court has previously explained, the Parties are not required to mediate and are free to discuss settlement directly without the assistance of a third-party neutral. But the Court has also acknowledged the Parties’ desire to limit costs and expenses and conserve judicial resources by attempting to resolve this case through mediation. The current need for an extension reflects diligence and an unforeseen insurance issue impacting settlement negotiations. The Court therefore GRANTS the Motion and sets the following trial date and new case deadlines: Event Current Deadline New Deadline Trial Date November 6, 2023 April 15, 2024 at 9:00 AM Dispositive motions must be August 10, 2023 December 18, 2023 filed by and noted on the motion calendar on the fourth Friday thereafter (see CR7(d)) All motions in limine must be October 2, 2023 March 11, 2024 filed by and noted on the motion calendar no earlier than the third Friday thereafter and no later than the Friday before the pretrial conference.

1 Agreed Pretrial Order due October 24, 2023 April 2, 2024 Trial briefs, proposed voir October 24, 2023 April 2, 2024 dire questions, and proposed jury instructions: Pretrial conference October 26, 2023 April 8, 2024 at 1:30 PM Length of jury trial 5 Days 5 Days 5 The clerk is ordered to provide copies of this order to all counsel.

6 Dated August 10, 2023.

A 8 Marsha J. Pechman United States Senior District Judge