Lewis v. Vail Resorts Inc

UNITED STATES DISTRICT COURT FOR THE 7 WESTERN DISTRICT OF WASHINGTON MIROSLAVA LEWIS, No. 2:23-cv-00812-RSL Plaintiff, 10 STIPULATED MOTION AND ORDER v. TO EXTEND DEADLINE TO FILE 11 REPLY IN SUPPORT OF VAIL VAIL RESORTS, INC., VAIL DEFENDANTS; MOTION FOR HOLDINGS, INC., THE VAIL CORPORATION, and JOHN DOES 1-3, SUMMARY JUDGMENT 13 Defendants.

I. STIPULATION For good cause shown pursuant to Fed. R. Civ. P. 16(b)(4) and United States District Court for the Western District of Washington Local Civil Rule (LCR) 7(j) and 16(b)(6), defendants Vail Resorts, Inc., Vail Holdings, Inc., and the Vail Corporation (collectively “Defendants”) and Plaintiff Miroslava Lewis respectfully and jointly move for entry of an order extending the deadline for Defendants to file their reply in support of their motion for summary judgment, (Dkt. #74), to January 9, 2025.

A court may modify the deadlines in a case schedule or for a summary judgment motion for good cause. Fed. R. Civ. P. 16(b)(4); LCR 7(j); LCR 16(b)(5), (6). This standard primarily considers the diligence of a party seeking the amendment. Johnson v. Mammoth Recreations, 975 F.2d 604, 609 (9th Cir. 1992). Counsel for the parties have been working cooperatively to adjust filing deadlines related to Defendants’ motion for summary judgment and agree that good cause exists for a 3-day extension of the deadline for Defendants to file the reply in support of their motion for summary judgment: 2 1. Defendants filed their motion for summary judgment on December 3, 2024.

3 (Dkt. # 74.) Plaintiff’s response was due by December 26, with Defendants’ reply due by December 31. See LCR 7(c)(4).

5 2. On December 23, Plaintiff filed an unopposed motion to extend the deadline for her summary judgment response by 5 days to December 31. (Dkt. #78.) The Court granted the motion. (Dkt. #79.) Plaintiff filed her response on December 31. (Dkt. #81.)

8 3. Counsel for the parties’ conferred and agreed that good cause exists for a similar short extension for Defendants to file their reply in support of summary judgment given the holidays, Plaintiff’s short deadline extension, Defendants’ non-opposition to Plaintiff’s request for an extension, and the lack of prejudice to any party by these short extensions.

13 Given the above, the parties stipulate the good cause exists to extend the deadline for Defendants to file their reply in support of their pending motion for summary judgment by three days to January 9, 2025.

16 IT IS SO STIPULATED THROUGH COUNSEL OF RECORD DATED: January 3, 2025 KEATING, BUCKLIN & McCORMACK, INC., P.S.

By: /s/ Richard B. Jolley Richard B. Jolley, WSBA #23473 22 Brian C. Augenthaler, WSBA #44022 Margot G. Cotter, WSBA #57540 23 Rakiah B. Adams, WSBA #58799 Attorneys for Defendants 1201 Third Avenue, Suite 1580 Seattle, WA 98101 26 Phone: (206) 623-8861 Fax: (206) 223-9423 27 Email: [email protected] [email protected] 1 [email protected] [email protected] I certify that this memorandum contains 351 words, in compliance with the Local Civil Rules.

4 DATED: January 3, 2025 5 SALTZ MONGELUZZI BENDESKY, PC.

7 By: /s/ Robert W. Zimmerman Robert W. Zimmerman (pro hac vice) PA# 208410 8 Samuel A. Haaz (pro hac vice) PA# 21505 Attorneys for Plaintiff 10 1650 Market Street, 52nd Floor Philadelphia, PA 19103 11 Phone: (215) 575-3898 Email: [email protected] [email protected] DATED: January 3, 2025 DEBORAH ALEXANDER ATTORNEY AT LAW 15 PLLC 17 By: /s/Deborah E. Alexander Deborah Emanuel Alexander, WSBA #21505 18 Attorney for Plaintiff 11900 NE 1st Street, Suite 300 20 Bellevue, WA 98005 Phone: (206) 403-3426 21 Email: [email protected] II. ORDER THIS MATTER having come on regularly for hearing upon the stipulation of the parties and the Court being fully advised in the premises, now, therefore, it is hereby ORDERED that the deadline for Defendants to file their reply in support of their motion for summary judgment, (Dkt. #74), is continued to January 9, 2025.

6 Dated this 3rd day of January, 2025.

Robert S. Lasnik 9 United States District Judge