Fifer Support Services LLC v. Lyndon Southern Insurance Company

THE HONORABLE JAMAL N. WHITEHEAD

6 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 7 AT SEATTLE FIFER SUPPORT SERVICES, LLC dba No. 2:23-cv-01260-JNW 196th ST. SW AM/PM, a Washington for profit business, STIPULATED MOTION AND ORDER 10 TO EXTEND DISPOSITIVE MOTION Plaintiffs, DEADLINE BY 30 DAYS vs. NOTE ON MOTION CALENDAR: 12 DECEMBER 6, 2024 LYNDON SOUTHERN INSURANCE COMPANY, a foreign corporation doing business in Washington, Defendant I. STIPULATED MOTION The parties, by and through their undersigned counsel of record, hereby stipulate and jointly request that the Court continue the dispositive motion deadline by 30 days and amend the case schedule (Dkt. 41) 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 c\onsent.

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, 607 (9th Cir. 1992).

3 B. Good Cause Exists to Extend the Dispositive Motion Deadline 4 Good cause exists for a continuance in this matter. The Parties have been, and continue to engage in, potential resolution of this matter. On November 21, 2024, the parties engaged in mediation, and have been engaged in ongoing, productive settlement discussions. Plaintiff has requested that, to continue to facilitate these discussions, Lyndon strike its Motion for Summary Judgment. Lyndon is willing to do so to facilitate potential resolution, but for the December 8, 2024 dispositive motion deadline. Dkt. 41. The parties have conferred and agree that an extension of this deadline by 30 days would allow the parties to continue its settlement discussions. Upon entry of this extension, Lyndon will strike its Motion for Summary Judgment, relieving Plaintiff of its obligation to respond by December 11th.

13 DATED this 6th day of December, 2024.

14 LEVY | VON BECK | COMSTOCK | P.S.

15 /s/ Jennifer Tait Solseng ________________ Dave von Beck, WSBA No. 26166 16 Jennifer Tait Solseng, WSBA No. 56909 1200 Fifth Avenue, Suite 1850 17 Seattle, WA 98101 Ph: 206.626.5444 18 [email protected] [email protected] 19 Attorneys for Plaintiff 20 LETHER LAW GROUP 21 /s/ Thomas Lether Thomas Lether, WSBA No. 18089 22 Eric Neal, WSBA No. 31863 Kasie Kashimoto, WSBA No. 54268 23 LETHER LAW GROUP 1848 Westlake Ave. N, Suite 100 1 Seattle, WA 98109 Ph: 206.467.5444 2 [email protected] [email protected] 3 [email protected] Attorneys for Defendant // 1 III. ORDER 2 The Court having reviewed the above Stipulated Motion, hereby ORDERS that the Dispositive Motion deadline is extended 30 days to January 8, 2025.

6 DATED this 9th day of December, 2024.

A Jamal N. Whitehead 10 United States District Judge

1 CERTIFICATE OF SERVICE 2 The undersigned hereby certifies under the penalty of perjury under the laws of the United States of America that on this date I caused to be served in the manner noted below a true and correct copy of the foregoing on the parties mentioned below as indicated: Dave von Beck, WSBA #26166 Jennifer Solseng, WSBA #29475 Levy von Beck Comstock, PS 1200 5th Ave Ste 1850 Seattle, WA 98101 (206) 626-5444 [email protected] [email protected] [email protected] Counsel for Plaintiff Fifer Support Services, LLC By: ☐ First Class Mail ☒ ECF/Email ☐ Legal Messenger

12 Dated this 6th day of December 2024 at Seattle, Washington.

/s/Devon Sheehan 14 Devon Sheehan | Paralegal