PUMA SE v. Brooks Sports Inc

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE PUMA SE, et al., CASE NO. 2:23-CV-00116-LK Plaintiffs, ORDER GRANTING STIPULATED 12 v. MOTION TO MODIFY THE SCHEDULING ORDER 13 BROOKS SPORTS, INC., 14 Defendant.

16 This matter comes before the Court on the parties’ stipulated motion to modify the scheduling order. Dkt. No. 147. The parties request an extension of the liability discovery deadline from April 17, 2024 to May 31, 2024 “to accommodate the schedules and current obligations of the witnesses and attorneys” and to “allow[] the parties to participate in mediation.” Id. at 2–3. The parties also propose a summary judgment briefing schedule that “allow[s] for sufficient time to brief the issues after the close of liability discovery.” Id. at 2–4.

22 The Court finds good cause to modify the scheduling order and GRANTS the motion. The scheduling order currently in place, Dkt. No. 118, is hereby amended with the following: 1 Event New Date 2 JURY TRIAL SET FOR 9:00 a.m. on To be set by the Court Length of trial 5 days Liability discovery completed by 5/31/2024 All motions challenging liability expert witness testimony 5/31/20241 6 (noted in accordance with LCR 7(d)(3)) must be filed by 7 Plaintiffs’/Counter-Defendants’ motion for summary judgment 5/31/2024 must be filed by Defendant’s/Counter-Claimant’s combined response/cross- 6/28/2024 motion for summary judgment by Plaintiffs’/Counter-Defendants’ combined response/reply by 7/19/2024 Defendant’s/Counter-Claimant’s reply by 8/2/2024 If the Plaintiffs/Counter-Defendants do not file a dispositive 6/10/2024 12 motion, any dispositive motion by the Defendant/Counter- Claimant must be filed by Responses to damages-related discovery requests The later of 30 days 14 from service or 14 days after order on 15 dispositive motions, or, if no such motion 16 is filed, 6/26/2024 17 Substantial completion of document production for damages- 30 days after order related discovery requests on dispositive 18 motions, or if no such motion is filed, 19 6/26/2024 20 Disclosure of expert testimony under FRCP 26(a)(2) regarding 90 days after order any damages issue due on dispositive 21 motion(s), or, if no such motion is filed, 22 8/9/2024 The Court will not permit an extension of this deadline based on foreseeable issues connected with deposing Justin Anderson after the close of liability discovery.

1 Disclosure of rebuttal expert testimony under FRCP 26(a)(2) 60 days after the regarding any damages issue due deadline for opening 2 reports on damages 3 If the party with the burden of proof as to any damages issue 120 days after order has disclosed no experts, the responding party must make any on dispositive 4 expert disclosure by motion(s), or, if no such motion is filed, 5 9/11/2024 6 All motions related to damages discovery must be filed by 120 days after order on dispositive 7 motion(s), or, if no such motion is filed, 8 9/11/2024 9 Damages discovery completed by 150 days after order on dispositive 10 motion(s), or, if no such motion is filed, 11 10/11/2024 12 All motions challenging damages expert witness testimony 180 days after order must be filed by this date (see LCR 7(d)) on dispositive 13 motion(s), or, if no such motion is filed, 14 11/13/2024 Settlement conference, if mediation has been requested by the 2 months before trial parties per LCR 39.1, held no later than All motions in limine must be filed by 35 days before trial Proposed jury instructions and agreed LCR 16.1 Pretrial Order 21 days before trial due, including exhibit list with completed authenticity, admissibility, and objections fields 19 Trial briefs, proposed voir dire questions, and deposition 14 days before trial designations due Pretrial conference scheduled at 10:00 a.m. 10 days before trial 22 All other dates are specified in the Local Civil Rules. The dates set forth in this order are firm dates that can be changed only by order of the Court, not by agreement of counsel for the parties. The Court will alter these dates only upon good cause shown or on a showing of excusable neglect, if applicable. See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 2002). If any of the dates identified in this Order or the Local Civil Rules fall on a weekend or federal holiday, the act or event shall be performed on the next business day.

4 The parties also request that the Court allow the parties to postpone the deposition of Justin Anderson, whose expert report is the subject of Defendant’s pending motion to strike, until sometime after the liability discovery deadline. Dkt. No. 147 at 3; see also Dkt. No. 131 (motion to strike). The Court will allow this limited exception to the liability discovery deadline.

8 The Court expects to assign a trial date after it issues its order on the parties’ cross-motions for summary judgment, or, if no such motion is filed, after the deadline for Defendant/Counter- Claimant’s dispositive motion.

11 COOPERATION 12 As required by LCR 37(a), all discovery matters are to be resolved by agreement if possible. Counsel are also directed to cooperate in preparing the final pretrial order in the format required by LCR 16.1, except as ordered below.

15 PRIVACY 16 Pursuant to LCR 5.2(a), parties shall refrain from including, or shall partially redact where inclusion is necessary, the following personal data identifiers from all documents filed with the court or used as exhibits in any hearing or at trial, unless otherwise ordered by the court: 19 • Dates of Birth − redact to the year of birth, unless deceased.

20 • Names of Minor Children − redact to the initials, unless deceased or currently over the 21 age of 18.

22 • Social Security or Taxpayer Identification Numbers − redact in their entirety.

23 • Financial Accounting Information − redact to the last four digits.

24 • Passport Numbers and Driver License Numbers − redact in their entirety.

1 SETTLEMENT 2 If this case settles, counsel shall notify Natalie Wood via email at [email protected] as soon as possible. Pursuant to LCR 11(b), an attorney who fails to give the Deputy Clerk prompt notice of settlement may be subject to such discipline as the Court deems appropriate.

6 Dated this 18th day of April, 2024.

7 A 8 Lauren King United States District Judge