Bennett v. United States

1 The Honorable Benjamin H. Settle

7 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON 8 AT TACOMA BETTE BENNETT, CASE NO. 3:20-cv-05382-BHS Plaintiff, STIPULATED MOTION AND ORDER TO 11 MODIFY SCHEDULING ORDER v. 12 Noted for Consideration: UNITED STATES OF AMERICA, April 18, 2024 Defendant.

15 JOINT STIPULATION 16 The parties hereby jointly STIPULATE AND AGREE to modify the scheduling order in the Court’s January 24, 2024, Order Setting Bench Trial and Pretrial Dates (Dkt. 43), as set forth below.

19 Current Proposed New Deadline Deadline Deadline 1/14/2025 at BENCH TRIAL SET FOR N/A 21 9:00 a.m.

22 Disclosure of expert testimony under FRCP 26(a)(2) 7/8/2024 8/8/2024 Disclosure of rebuttal expert testimony under FRCP 8/7/2024 9/9/2024 26(a)(2) All motions related to discovery must be filed by 8/19/2024 9/16/2024 Discovery completed by 9/16/2024 9/30/2024 All dispositive motions must be filed by 10/16/2024 N/A Motions in limine must be filed pursuant to Local 12/9/2024 N/A Rule CR 7(d)(4) by Agreed pretrial order filed with the Court by 12/23/2024 N/A Pretrial conference will be held at 03:00 PM on 12/30/24 Trial briefs, proposed findings and conclusions and 12/24/2024 N/A deposition designations due by 11 A court may modify a schedule for good cause. Fed. R. Civ. P. 16(b)(4). Continuing pretrial and trial dates is within the discretion of the trial judge. King v. State of California, 784 F.2d 910, 912 (9th Cir. 1986). Good cause exists for extending the specific deadlines noted above. To date, the parties have engaged in written discovery, collected thousands of pages of medical records, and are in the process of scheduling Plaintiff’s deposition. The parties have also agreed to consider the feasibility of mediation after Plaintiff’s deposition and therefore agree that the expert disclosure deadlines and discovery cutoff deadline should be extended to account for this possibility. The parties agree that this schedule modification need not impact the current trial date.

19 For the reasons set forth above, the parties believe that there is good cause to modify the scheduling order and respectfully request that the Court grant their motion.

21 // // // 1 SO STIPULATED.

2 DATED this 18th day of April, 2024.

3 TESSA M. GORMAN BAILEY ONSAGER, P.C.

United States Attorney s/ Kristen R. Vogel s/ Darrin E. Bailey KRISTEN R. VOGEL, NY No. 5195664 DARRIN E. BAILEY, WSBA No. 34955 1109 First Avenue, Suite 501 s/ Alixandria K. Morris Seattle, WA 98101 ALIXANDRIA K. MORRIS, TX No. 24095373 Phone: (206) 667-8290 Assistant United States Attorneys Fax: (206) 624-6885 United States Attorney’s Office Email: [email protected] Western District of Washington Stewart Street, Suite 5220 Attorney for Plaintiffs Seattle, Washington 98101-1271 Phone: (206) 553-7970 Fax: (206) 553-4067 Email: [email protected] Email: [email protected] Attorneys for United States of America I certify that this memorandum contains 290 words, in compliance with the Local Civil Rules.

1 ORDER 2 It is hereby ORDERED that the parties’ motion is GRANTED.

4 DATED this 19th day of April, 2024.

A 7 BENJAMIN H. SETTLE United States District Judge