Arias v. Travelers Casualty Insurance Company of America

6 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON 7 AT SEATTLE DANIEL CORTES ARIAS, No. 2:24-cv-00546-JHC

9 Plaintiff, STIPULATED MOTION AND ORDER TO CONTINUE TRIAL AND AMEND 10 v. CASE SCHEDULE

11 TRAVELERS CASUALTY INSURANCE COMPANY OF AMERICA, Defendant.

I. STIPULATED MOTION The parties, by and through their undersigned counsel of record, hereby stipulate and jointly request that the Court continue the trial date and amend the case schedule (Dkt. 14) pursuant to Fed. R. Civ. P. Rule 6 and LCR 10(g).

II. LEGAL AUTHORITY A. Applicable Legal Standard A [case] schedule may be modified only for good cause and with the judge’s consent.

Fed. R. Civ. P. 16(b)(4); see also LCR 16(b)(6) (“A schedule may be modified only for good cause and with the judge’s consent.”). The decision to modify a scheduling order is within the broad discretion of the district court. See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, (9th Cir. 1992).

1 B. Good Cause Exists to Extend the Trial Date and Pretrial Deadlines 2 Good cause exists for a continuance. The current deadline for expert disclosures is December 16, 2024. The parties are currently working together in good faith to come to an agreement as to whether privilege applies to certain documents. The parties have met and conferred to discuss the issues. Since then, Lether Law Group has been working with their client to respond to counsel's assertions.

7 In light of the discovery issues, the parties will need additional time to ensure that their experts have all the information necessary to draft their reports. Accordingly, the parties have stipulated to a forty-five (45) day extension of the expert disclosure deadline. Given that a 45- day extension of the expert disclosure deadline would overlap with subsequent deadlines, the following proposed schedule moves all relevant dates out by 45 days. The parties respectfully move the Court to amend the case schedule and extend the trial date in this matter as follows: 14 EVENT CURRENT DATE PROPOSED DATE Deadline for Amended Pleadings December 16, 2024 January 30, 2025 Disclosure of Expert Testimony December 16, 2024 January 30, 2025 Discovery Motions January 15, 2025 March 3, 2025 Discovery Completed by February 14, 2025 March 31, 2025 Dispositive Motions and Expert Witness Motions March 17, 2025 May 1, 2025 Deadline for Settlement Conference May 15, 2025 June 30, 2025 Motions in Limine June 2, 2025 July 17, 2025 Agreed Pretrial Order June 23, 2025 August 7, 2025 Deposition Designations June 25, 2025 August 11, 2025 Pretrial Conference June 30, 2025 August 14, 2025 ] Trial Briefs, Proposed Findings of Fact and Conclusions of Law July 7, 2025 August 21, 2025 Bench Trial July 14, 2025 August 28, 2025 DATED this 11th day of November 2024.

BRAIN INJURY LAW OF SEATTLE, INC. ACE 6 □ Scott Blair, WSBA #13428 fi i □□ g □□ Cody Branstetter, WSBA #57156 9 437 Sth Avenue South, Suite 103 Edmonds, WA 98020 10 [email protected] [email protected] 11 Counsel for Plaintiff Daniel Cortes Arias 12 BACETICH LAW 13 /s/ Dominic L. Bacetich Dominic L. Bacetich, WSBA #11336 14 217 Virginia Ave., Everett, WA 98201 15 Tel: (425) 339-9149 E-mail: [email protected] 16 Counsel for Plaintiff Daniel Cortes Arias LETHER LAW GROUP /s/ Sam Colito 19 Thomas Lether, WSBA #18089 Sam Colito, WSBA #42529 20 1848 Westlake Ave N., Suite 100 Seattle, WA 98109 7] P: 206-467-5444 / F: 206-467-5544 [email protected] [email protected] Counsel for Travelers Casualty Insurance 23 Company of America STIPULATED MOTION AND ORDER TO CONTINUE TRIAL AND AMEND CASE SCHEDULE - 3 1 Il. ORDER 2 In light of the Court’s calendar, trial is set for October 27, 2025. The Court DIRECTS || the Clerk to issue a case scheduling order consistent with this new trial date.

4 DATED this 12th day of November, 2024.

Cfoka._ 4), Chua JOHN H. CHUN 7 UNITED STATES DISTRICT JUDGE 1] STIPULATED MOTION AND ORDER TO CONTINUE TRIAL AND AMEND CASE SCHEDULE — 4