Carlson v. City of Redmond

1 HONORABLE JAMAL N. WHITEHEAD

UNITED STATES DISTRICT COURT 6 FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE SCOTT CARLSON, TYLER PARNELL, NO. 2:22-CV-01739-JNW ALLISON HALLIFAX, SHARON L. DAVIS, and BRIAN ROBILLARD, STIPULATED MOTION AND PROPOSED ORDER TO SET NEW 10 Plaintiffs, TRIAL DATE AND CASE SCHEDULE

v. 11 Noted for Consideration: August 30, 2023 CITY OF REDMOND, Defendant.

I. STIPULATION For good cause shown and pursuant to Federal of Civil Procedure 16(b)(4) and Local Civil Rule 16(b)(6), the parties respectfully and jointly move the Court for entry of an order setting a new case schedule and trial date.

For good cause shown and with the Court’s consent, the Court may modify the deadlines in the scheduling order. Fed. R. Civ. P. 16(b)(4); LCR 16(b)(6). 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 parties

STIPULATED MOTION AND PROPOSED CHRISTIE LAW GROUP, PLLC ORDER TO SET NEW TRIAL DATE AND 2100 WESTLAKE AVENUE N., SUITE 206 CASE SCHEDULE - 1 SEATTLE, WA 98109 206-957-9669 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. 5 Johnson, 975 F.2d at 609.

6 Counsel for the parties have been working cooperatively in discovery, have conferred, and agree that good cause exists to grant the relief requested, as set forth below: 8 1. On April 27, 2023, the parties (then Scott Carlson and the City) filed a “Motion to Strike the Trial Date and Stay the Case Schedule Pending Identification of Potential Additional Plaintiffs.” (Dkt. #17.) On May 10, 2023, the same parties filed a Stipulated Motion for Leave to File a First Amended Complaint Adding Additional Plaintiffs and Claim.” (Dkt. #18.)

12 2. On May 22, 2023, the Court issued an order directing the parties to submit a version of the proposed amended complaint with redline changes. (Dkt. #19.) After the parties did so, the Court issued an order on May 24, 2023, striking the trial date and case schedule and directing the parties to submit a joint status report every 60 days. (Dkt. #20.) On June 1, 2023, the Court granted the stipulated motion for leave to amend and the amended complaint was filed the following day.

17 (Dkt. #’s 21-22.) The amended complaint added Tyler Parnell, Allison Hallifax, Sharon L. Davis, and Brian Robillard as plaintiffs. (Dkt. #22.)

19 3. On July 21, 2023, the parties filed a joint status report outlining the status of written discovery, Plaintiffs’ plan to file a stipulated motion for leave to file a second amended complaint by July 23, and that the proposed second amended complaint would add the final remaining

STIPULATED MOTION AND PROPOSED CHRISTIE LAW GROUP, PLLC ORDER TO SET NEW TRIAL DATE AND 2100 WESTLAKE AVENUE N., SUITE 206 CASE SCHEDULE - 2 SEATTLE, WA 98109 206-957-9669 plaintiffs in this action. (Dkt. #24.)

2 4. On July 23, 2023, Plaintiffs’ counsel filed a proposed second amended complaint with redline changes to add the final three remaining Plaintiffs. Counsel did not file a stipulation or motion seeking leave to amend, nor has the Court issued an order granting leave to file a second amended complaint.

6 5. On August 22, 2023, Defendant filed its answer to Plaintiffs’ amended complaint that was filed on June 2, 2023. (Dkt. #33.)

8 6. With all the potential plaintiffs now identified, the good cause that existed for granting the parties’ earlier motion to strike the trial date and case schedule no longer exists. The parties have been proceeding with written discovery, have conferred, and agree good cause now exists to set a new trial date and case schedule.

12 Given the above referenced facts, the parties stipulate that good cause exists to set a new case schedule and trial date in this matter. The parties now jointly move the Court for an order to that effect.

15 THEREFORE, IT IS HEREBY STIPULATED AND AGREED AS FOLLOWS: 16 A new case schedule and trial date shall be set as follows1: 17 Event Date Disclosure of expert testimony under FRCP 18 February 19, 2024 26(a)(2) 19 Disclosure of rebuttal expert testimony under March 20, 2024 FRCP 26(a)(2) The following dates are proposed, subject to the Court’s availability.

STIPULATED MOTION AND PROPOSED CHRISTIE LAW GROUP, PLLC ORDER TO SET NEW TRIAL DATE AND 2100 WESTLAKE AVENUE N., SUITE 206 CASE SCHEDULE - 3 SEATTLE, WA 98109 206-957-9669 1 Event Date All motions related to discovery must be filed by and noted on the motion calendar no later April 11, 2024 than the third Friday thereafter (see LCR 7(d)) Discovery completed by May 20, 2024 All dispositive motions must be filed by and 5 noted on the motion calendar no later than the June 20, 2024 fourth Friday thereafter (see LCR 7(d)) 6 All motions related to expert witnesses (e.g., a Daubert motion) must be filed by and noted June 27, 2024 7 on the motion calendar no later than the third Friday thereafter (see LCR 7(d)) 8 All motions in limine should be filed by and noted on the motion calendar no later than the August 8, 2024 9 Friday before the Pretrial Conference. (See LCR 7(d)(4)) 10 Trial Briefs and Agreed Pretrial Order due2 August 16, 2024 11 Proposed Findings of Fact and Conclusions of Law, and designations of deposition August 27, 2024 12 testimony pursuant to CR32(e) due Pretrial conference to be held at 10:00am on August 30, 2024 14 10 DAY BENCH TRIAL set for 9:00am September 9, 2024 / / / / / / / / / / / / 2 The Agreed Pretrial Order shall be filed in CM/ECF and shall also be attached as a Word compatible file to an e−mail sent to the following address: [email protected].

STIPULATED MOTION AND PROPOSED CHRISTIE LAW GROUP, PLLC ORDER TO SET NEW TRIAL DATE AND 2100 WESTLAKE AVENUE N., SUITE 206 CASE SCHEDULE - 4 SEATTLE, WA 98109 206-957-9669 1 IT IS SO STIPULATED THROUGH COUNSEL OF RECORD.

2 DATED this 30th day of August, 2023.

3 By: /s/ Robert L. Christie By: /s/ Tracy Tribbett Robert L. Christie, WSBA #10895 Tracy Tribbett, WSBA #35922 4 Stuart A. Cassel, WSBA # 49808 Pacific Justice Institute Christie Law Group PLLC 6400 Three Rivers Drive 5 2100 Westlake Ave. N., Ste. 206 Pasco, WA 99301 Seattle, WA 98109 Telephone: 509-713-9868 6 Telephone: 206.957.9669 Email: [email protected] Email: [email protected] 7 [email protected] Attorney for Plaintiffs 8 Attorneys for Defendant 9 II. PROPOSED ORDER 10 THIS MATTER having come on regularly for hearing upon the stipulation of the parties above contained, and the Court being fully advised in the premises, now, therefore, it is hereby ORDERED that the following trial date and case schedule shall be set: Event Date 14 Disclosure of expert testimony under FRCP February 19, 2024 26(a)(2) February 12, 2024 15 Disclosure of rebuttal expert testimony under March 20, 2024 FRCP 26(a)(2) March 13, 2024 16 All motions related to discovery must be filed April 11, 2024 by and noted on the motion calendar no later March 13, 2024 17 than the third Friday thereafter (see LCR 7(d)) May 20, 2024 Discovery completed by 18 April 12, 2024 All dispositive motions must be filed by and June 20, 2024 19 noted on the motion calendar no later than the May 13, 2024 fourth Friday thereafter (see LCR 7(d))

STIPULATED MOTION AND PROPOSED CHRISTIE LAW GROUP, PLLC ORDER TO SET NEW TRIAL DATE AND 2100 WESTLAKE AVENUE N., SUITE 206 CASE SCHEDULE - 5 SEATTLE, WA 98109 206-957-9669 1 Event Date All motions related to expert witnesses (e.g., a Daubert motion) must be filed by and noted June 27, 2024 on the motion calendar no later than the third Friday thereafter (see LCR 7(d)) 4 Settlement Conference under LCR 39.1, if July 11, 2024 requested by parties, held no later than 5 All motions in limine should be filed by and noted on the motion calendar no later than the August 8, 2024 6 Friday before the Pretrial Conference. (See July 31, 2024 LCR 7(d)(4)) 7 Trial Briefs and Agreed Pretrial Order due3 August 16, 2024 August 26, 2024 Agreed Pretrial Order due August 19, 2024 9 Proposed Findings of Fact and Conclusions of August 27, 2024 Law, and designations of deposition August 19, 2024 10 testimony pursuant to CR32(e) due August 30, 2024 Pretrial conference to be held at 10:00am on 11 September 4, 2024 12 10 DAY BENCH TRIAL set for 9:00am September 9, 2024 13 ENTERED this 12th day of September, 2023.

15 A 16 Jamal N. Whitehead United States District Judge Presented by: By: /s/ Robert L. Christie By: /s/ Tracy Tribbett Robert L. Christie, WSBA #10895 Tracy Tribbett, WSBA #35922 Stuart A. Cassel, WSBA # 49808 Pacific Justice Institute 3 The Agreed Pretrial Order shall be filed in CM/ECF and shall also be attached as a Word compatible file to an e−mail sent to the following address: [email protected].

STIPULATED MOTION AND PROPOSED CHRISTIE LAW GROUP, PLLC ORDER TO SET NEW TRIAL DATE AND 2100 WESTLAKE AVENUE N., SUITE 206 CASE SCHEDULE - 6 SEATTLE, WA 98109 206-957-9669 1 Christie Law Group PLLC 6400 Three Rivers Drive 2100 Westlake Ave. N., Ste. 206 Pasco, WA 99301 2 Seattle, WA 98109 Telephone: 509-713-9868 Telephone: 206.957.9669 Email: [email protected] 3 Email: [email protected] [email protected] Attorney for Plaintiffs Attorneys for Defendant

STIPULATED MOTION AND PROPOSED CHRISTIE LAW GROUP, PLLC ORDER TO SET NEW TRIAL DATE AND 2100 WESTLAKE AVENUE N., SUITE 206 CASE SCHEDULE - 7 SEATTLE, WA 98109 206-957-9669