Nguyen v. McDonough

1 The Honorable David E. Estudillo

7 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON 8 AT TACOMA DR. MY NGUYEN, Case No. 3:23-cv-05790-DGE 10 Plaintiff, STIPULATED MOTION AND ORDER TO MODIFY SCHEDULING ORDER v. Noted for Consideration: DENIS MCDONOUGH, Secretary, United 12 December 13, 2024 States Department of Veterans Affairs, Defendant.

15 JOINT STIPULATION 16 The parties hereby jointly STIPULATE AND AGREE to modify the scheduling order in the Court’s April 19, 2024, Order Setting Jury Trial and Pretrial Dates (Dkt. 16), as set forth below.

18 Current Proposed New Deadline Deadline Deadline December 13, All motions related to discovery must be filed by January 3, 2025 20 2024 December 18, Discovery completed by January 8, 2025 2024 23 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 completed or scheduled all depositions, served all written discovery, and exchanged hundreds of pages of responsive documents. The parties only need additional time for the limited purpose: to finish gathering, sorting, and sending responsive documents and information and to meet and confer regarding written discovery that has already been served. The parties agree not to conduct additional discovery beyond that described above and to extend the discovery-related motions deadline and discovery cutoff deadline solely to finalize the exchange of documents and information for outstanding discovery requests. The parties agree that this schedule modification need not impact the dispositive motions deadline or the current trial date.

10 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.

12 SO STIPULATED.

13 DATED this 13th day of December, 2024.

14 TESSA M. GORMAN United States Attorney s/ Rebecca S. Cohen s/ Ada K. Wong REBECCA S. COHEN, WSBA No. 31767 ADA K. WONG, WSBA No. 45936 AKW LAW, P.C.

17 s/ Alixandria K. Morris 12055 15th Avenue NE, Suite 200 ALIXANDRIA K. MORRIS, TX No. 24095373 Seattle, WA 98125 Assistant United States Attorneys Phone: 206-259-1259 United States Attorney’s Office Email: [email protected] Western District of Washington Stewart Street, Suite 5220 s/ Shaun Southworth Seattle, Washington 98101-1271 SHAUN SOUTHWORTH* Phone: (206) 553-7970 SOUTHWORTH PC Fax: (206) 553-4067 1100 Peachtree Street NE, Suite 200 Email: [email protected] Atlanta, GA 30309 Email: [email protected] Phone: 404-393-4129 Email: [email protected] Attorneys for Defendant *Admitted Pro Hac Vice I certify that this memorandum contains 252 words, in compliance with the Local Civil Rules. Attorneys for Plaintiff 1 ORDER 2 It is hereby ORDERED that the parties’ motion is GRANTED.

4 DATED this 23rd day of December, 2024.

A David G. Estudillo 7 United States District Judge