Larson v. Quillayute Valley School District No 402

Hon. Benjamin H. Settle

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 12 AT TACOMA KARI L. LARSON, No. 3:24-cv-05716-BHS Plaintiff, STIPULATED MOTION AND PROPOSED ORDER TO SET NEW vs. CASE SCHEDULE QUILLAYUTE VALLEY SCHOOL Noted for consideration: 2/11/2025 DISTRICT No. 402, BRIAN WEEKES, and his marital community, 19 Defendants.

20 I. STIPULATION 21 For good cause shown and pursuant to FRCP 16(b)(4) and LCR 16(b)(6), the parties respectfully and jointly move the Court for entry of an order setting a new case schedule to continue the deadline for filing an amended pleading.

For good cause shown, and with the Court’s consent, the Court may modify the deadlines in the scheduling order. FRCP 16(b)(4); LCR 16(b)(6). The “good cause” standard primarily considers the diligence in the party seeking the amendment: the district court may modify the pretrial schedule if it cannot reasonably be met despite the diligence of the parties seeking the extension. See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992) (citing FRCP 16 advisory committee’s notes (1983 amendment)). Although the existence or degree of prejudice to the opposing party might supply additional considerations for a motion to modify, the focus remains on the moving party’s reasons for seeking modification. 6 Johnson, 975 F.2d at 609.

Counsel for the parties have been working cooperatively in this case, have conferred, and agree that good cause exists to grant the relief requested, as set forth below: 1. On January 29, 2025, Plaintiff’s counsel filed a Motion to Amend Complaint to add state law claims after the requisite period of time had passed from serving Defendant Quillayute Valley School District with a Tort Claim Form pursuant to RCW 4.92.100. (Dkt. # 13). The motion was inadvertently noted for February 14, 2025, which would have given sufficient time for Plaintiff’s counsel to file the amended pleading prior to the current deadline of February 18, 2025.

2. On January 30, 2025, the Court correctly re-noted Plaintiff’s motion for February 19, 2025, the day after the deadline outlined in the current Case Schedule.

19 3. After realizing Plaintiff’s miscalculation in noting the Motion to Amend Complaint, Plaintiff’s counsel contacted defense counsel to secure this stipulation to continue the deadline to amend the complaint by 10 days to allow Plaintiff sufficient time to file the amended complaint pending the Court’s ruling on Plaintiff’s motion for leave to amend.

4. Fed. Civ. R. Pro. 15(a)(2) requires courts to “freely give leave when justice so requires.” Given that Plaintiff missed the deadline for amended pleadings by one day, and then quickly moved to correct the mistake by securing this stipulation, good cause exists for extending the deadline by 10 days to allow for the additional time to add the state law claims.

Given the above-referenced facts, the parties stipulate that good cause exists to set a new case schedule in this matter to allow Plaintiff an additional 10 days to file an amended pleading. The parties now jointly move the Court for an order to that effect.

4 THEREFORE, IT IS HEREBY STIPULATED AND AGREED AS FOLLOWS: 5 A new case schedule shall be set as follows:1 Event Date Deadline for filing motion to join parties February 6, 2025 Deadline for amending pleadings February 28, 2025 Disclosure of expert testimony under 10 FRCP 26(a)(2) July 28, 2025 All motions related to discovery must be 11 filed by September 8, 2025 Discovery completed by 12 September 22, 2025 All dispositive motions must be filed by 13 November 5, 2025 Motions in limine should be filed 14 pursuant to Local Rule CR 7(d)(4) by December 29, 2025 15 Agreed pretrial order filed with the Court by January 12, 2026 16 Pretrial Conference will be held at 2:30 PM on January 20, 2026 Trial briefs, proposed voir dire, jury 18 instructions, agreed neutral statement of January 13, 2026 the case, and deposition designations 19 due by Five Day Jury Trial set for 9:00 AM 20 February 3, 2026 //// //// //// //// //// /// The following dates are proposed, subject to the Court’s availability.

1 IT IS SO STIPULATED THROUGH COUNSEL OF RECORD 2 DATED this 11th day of February, 2025.

3 By: /s/ Daniel C. Gallagher B y : / s / A n n a M . S h u m a r Daniel C. Gallagher, WSBA #21940 Duncan K. Fobes, WSBA #14964 10611 Battle Point Drive NE Anna M. Shumar, WSBA #62814 5 Bainbridge Island, WA 98110-1493 1000 Second Ave., 30th Floor 206.855.9310 Seattle, WA 98104 6 Email: [email protected] 206.462.6700 Email: [email protected] 7 By: /s/ Rachel L. Anyan E m a i l : a m s @ p a t t e r s o n buchanan.com Rachel L. Anyan, WSBA #55252 Attorney for Defendant Quillayute 21833 36th Ave NW Valley School District No. 402 9 Stanwood, WA 98292 714.227.3205 By: /s/ Lucy R. Clifthorne 10 Email: Lucy R. Clifthorne, WSBA #27287 [email protected] Heidi M. Maynard, WSBA #47241 11 Attorneys for Plaintiff 1201 Pacific Ave, Ste 1900 Tacoma, WA 98402 253.383.3791 13 Email: [email protected] [email protected] 14 Attorneys for Defendant Weekes II. PROPOSED ORDER THIS MATTER having come on regularly for hearing upon the stipulation of the parties above contained, and the Court being fully advised in the premises, now, therefore, it is hereby ORDERED that the following case schedule shall be set: Event Date Deadline for filing motion to join parties February 6, 2025 Deadline for amending pleadings February 28, 2025 Disclosure of expert testimony under 25 FRCP 26(a)(2) July 28, 2025 All motions related to discovery must be 26 filed by September 8, 2025 Discovery completed by 27 September 22, 2025 ATTRA as 1 November 5, 2025 Motions in limine should be filed Seria Tn 3 Court b January 12, 2026 ‘| ma as PM on January 20, 2026 5 Trial briefs, proposed voir dire, jury instructions, agreed neutral statement of January 13, 2026 6 the case, and deposition designations 7 due b eB Tana as 8 February 3, 2026 10 ENTERED this 11th day of February, 2025.

1 y \ | (ut 12 THE HO BLE BENJAMIN H. SETTLE United States District Court Judge Presented by: 15 By: /s/ Daniel C. Gallagher By: /s/ Anna M. Shumar Daniel C. Gallagher, WSBA #21940 Duncan K. Fobes, WSBA #14964 16 10611 Battle Point Drive NE Anna M. Shumar, WSBA #62814 Bainbridge Island, WA 98110-1493 1000 Second Ave., 30th Floor 17 206.855.9310 Seattle, WA 98104 Email: [email protected] 206.462.6700 18 Email: [email protected] 19 By: /s/ Rachel L. Anyan Email: [email protected] Rachel L. Anyan, WSBA #55252 Attorney for Defendant Quillayute 20 21833 36th Ave NW Valley School District No. 402 Stanwood, WA 98292 21 714.227.3205 By: _/s/ Lucy R. Clifthorne Email: [email protected] Lucy R. Clifthorne, WSBA #27287 22 Attorneys for Plaintiff Heidi M. Maynard, WSBA #47241 23 1201 Pacific Ave, Ste 1900 Tacoma, WA 98402 24 253.383.3791 Email: [email protected] 25 [email protected] Attorneys for Defendant Weekes STIPULATED MOTION TO CONTINUE DEADLINE FOR ANYAN LEGAL SERVICES, LLC AMENDING PT BADINGS _ <5 21833 36" Ave NW