Kinsale Insurance Company v. Oculus One LLC

1 HON. BARBARA J. ROTHSTEIN

6 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON 7 AT SEATTLE

9 KINSALE INSURANCE COMPANY, a No. 2:22-cv-1189 foreign insurer; STIPULATED MOTION AND ORDER TO EXTEND DEADLINES Plaintiff, v. OCULUS ONE, LLC d/b/a OCULUS SURVEILLANCE, a Washington limited liability company, EVERGREEN MARKET (WA), INC., a Washington for-profit corporation, EVERGREEN MARKET (RENTON NORTH), INC., a Washington for- profit corporation, ZEBELUM ANNU EL and ANDREA BRIGHT, individually and as a marital community, MICHAEUX RASHAD ERVIN a/k/a ‘EARTHQUAKE’, an individual, DOE CORPORATIONS 1-10, and PAT DOES 1-5, Defendants.

19 Kinsale Insurance Company, Oculus One, LLC, Evergreen Market (WA), Inc., and Michaeux Ervin (the “Moving Parties”) hereby submit the following Stipulation to extend the current case schedule deadlines by 90 days.

I. FACTS Kinsale Insurance Company (“Kinsale”) filed its Second Amended Complaint on January 4, 2023. Dkt. 29. On January 25, 2023, the Court issued an Order Setting Trial Dates and Related Dates. Dkt. 37. On March 15, 2023, the Court signed an Order dismissing Andrea Bright and Zebelum Annu-EL from this lawsuit. Dk. 40.

4 The Moving Parties are continuing the discovery process and in the infancy of settlement negotiations. Further, the Moving Parties believe as the underlying matter entitled Zebeleum Annu- El v. Evergreen Market (WA) Inc., et al., King County Superior Court, Case No. 22-215040-8 KNT (hereinafter, the “Underlying Matter’), progresses, it may shape legal theories relevant to this current lawsuit. In light of the same, and given the upcoming expert disclosure deadline, the Moving Parties agree to a 90-day extension of the current deadlines would be beneficial. The current deadlines are as follows: 11 Event Deadline 12 Reports from expert witnesses August 14, 2023 under FRCP 26(a)(2) Discovery completed by September 13, 2023 All dispositive motions must be October 13, 2023 15 filed by All motions in limine must be filed February 5, 2024 by Joint Pretrial Statement February 12, 2024 Pretrial conference February 26, 2024 II. STIPULATED RELIEF REQUESTED The Moving Parties have met and conferred regarding the requested extension and agree there is good cause to grant the request. The stipulated requested extensions are as follows: 1 Event Deadline Reports from expert witnesses November 12, 2023 3 under FRCP 26(a)(2) Discovery completed by December 12, 2023 All dispositive motions must be January 11, 2024 filed by All motions in limine must be filed May 5, 2024 by Joint Pretrial Statement May 12, 2024 Pretrial conference May 26, 2024 III. LEGAL STANDARD Federal Rule of Civil Procedure 6(b)(1)(A) states, in pertinent part, as follows: When an act may or must be done within a specified time, the court 12 may, for good cause, extend the time: … (A) with or without motion or if the court acts, or if a request is made, before the original time 13 or its extension expires ...

Fed. R. Civ. P. 6(b)(1)(A).

As set forth above, scheduling order may be modified upon a showing of good cause. Fed. R. Civ. P. 16(b)(4). A motion for extension of time filed before a deadline has passed should “normally ... be granted in the absence of bad faith on the part of the party seeking relief or prejudice to the adverse party.” Id. (citing Ahanchian v. Xenon Pictures, Inc., 624 F.3d 1253, 1259 (9th Cir. 2010)).

IV. GOOD CAUSE EXISTS TO MODIFY THE SCHEDULING ORDER The Moving Parties believe extending the current deadlines by 90-days will allow them time to engage in necessary discovery and continue settlement discussions. Additionally, this would allow the parties to consider settlement prior to incurring the costs of hiring expert witnesses and engaging in discovery, which will include depositions of all relevant parties.

1 V. CONCLUSION 2 The Moving Parties respectfully request that this Court modify the current deadlines by 90 days to allow the Moving Parties time to discuss settlement and save costs of hiring experts and engaging in extensive discovery.

5 DATED this 8th day of August, 2023.

I certify that this document contains 544 words in compliance with Local Civil Rules.

9 LETHER LAW GROUP /s/Thomas Lether___________________ Thomas Lether, WSBA #18089 1848 Westlake Ave N., Suite 100 Seattle, WA 98109 P: 206-467-5444 F: 206-467-5544 [email protected] Attorney for Kinsale Insurance Company

TOUSLEY BRIAN STEPHENS, PLLC /s/ Chase C. Alvord____________________ Chase C. Alvord, WSBA #26080 Rebecca L. Solomon, WSBA #51520 1200 Fifth Avenue, Suite 1700 Seattle, WA 98101 P: (206) 682-5600 / F: (206) 682-2992 [email protected] [email protected] Counsel for Oculus One, LLC and Michaeux Rashad Ervin a/k/a ‘Earthquake’ MILLER NASH LLP /s/ Seth H. Row______________________ Seth H. Row, WSBA #32905 Linda Degman, WSBA # 60301 Lane Conrad, WSBA# 59287 1 111 SW Fifth Ave., Suite 3400 Portland, OR 97204 2 P: (503) 224-5858 [email protected] 3 [email protected] [email protected] 4 Counsel for Evergreen Market Renton North and Evergreen Market (WA), Inc.

1 II. ORDER 2 Pursuant to the Stipulated Motion, the Court will extend the current case schedule deadlines by 90 days. The Amended Case Scheduling Order is as follows: 4 Event Deadline Reports from expert witnesses November 12, 2023 6 under FRCP 26(a)(2) Discovery completed by December 12, 2023 All dispositive motions must be January 12, 2024 filed by All motions in limine must be filed May 6, 2024 by Joint Pretrial Statement May 13, 2024 Pretrial conference May 27, 2024 In addition, the trial is continued from March 11, 2024 to June 10, 2024.

DATED this 9th day of August, 2023.

15 A B arbara Jacobs Rothstein 17 U.S. District Court Judge

Presented by: LETHER LAW GROUP /s/Thomas Lether___________________ Thomas Lether, WSBA #18089 1848 Westlake Ave N., Suite 100 Seattle, WA 98109 P: 206-467-5444 F: 206-467-5544 [email protected] Attorney for Kinsale Insurance Company TOUSLEY BRIAN STEPHENS, PLLC /s/ Chase C. Alvord____________________ Chase C. Alvord, WSBA #26080 Rebecca L. Solomon, WSBA #51520 1200 Fifth Avenue, Suite 1700 Seattle, WA 98101 P: (206) 682-5600 / F: (206) 682-2992 [email protected] [email protected] Counsel for Oculus One, LLC and Michaeux Rashad Ervin a/k/a ‘Earthquake’ MILLER NASH LLP /s/ Seth H. Row______________________ Seth H. Row, WSBA #32905 Linda Degman, WSBA # 60301 Lane Conrad, WSBA# 59287 SW Fifth Ave., Suite 3400 Portland, OR 97204 P: (503) 224-5858 [email protected] [email protected] [email protected] Counsel for Evergreen Market Renton North and Evergreen Market (WA), Inc.