Choi v. Taulealea

THE HONORABLE JAMAL N. WHITEHEAD 1 TRIAL DATE SEPTEMBER 22, 2025 NOTING DATE: February 18, 2025 WITHOUT ORAL ARGUMENT

9 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 10 SEATTLE DIVISION JINBUM CHOI, an individual, and Case No.: 2:24-CV-00420 SANGYOON PARK, an individual, Plaintiffs, STIPULATION AND AGREED ORDER TO CONTINUE PRETRIAL DATES 13 v. XAVIER TAULEALEA and “JANE DOE” TAULEALEA, individually and the marital community comprised thereof, and WORLDWIDE FLIGHT SERVICES (WFS), a corporation, Defendants.

COME NOW THE PARTIES, by and through their respective counsel of record, who jointly stipulate and agree as follows: 1. On June 17, 2024, the Court issued a Order Setting Jury Trial Date and Related Dates, Dkt. # 12.

2. A case schedule may be modified only for good cause and with the judge’s consent. Fed. R. Civ. P. 16(b)(4). Under the Local Civil Rules, mere failure to complete discovery within the time allowed does not constitute good cause for an extension or STIPULATION AND AGREED ORDER TO CONTINUE PRETRIAL WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP continuance. Local Civ. R. 16(b)(6). The good cause standard is a “non-rigorous standard” that should be liberally construed to effectuate the general purpose of seeing that cases are tried on the merits.” Ahanchian v. Xenon Pictures, Inc., 624 F.3d 1253, 1258-59 (9th Cir. 2010).

4 3. Both parties have diligently pursued discovery since the Court’s Order Setting Trial Date. The parties exchanged initial discovery, and are working to complete outstanding discovery, including expert discovery, in advance of mediation. Progress has been complicated as plaintiffs maintain residence part time in South Korea. The parties anticipate that additional time will be required to complete expert discovery, including independent medical examination, in light of the logistical issues this presents. The current trial schedule appears untenable for all parties.

11 4. Currently the parties have multiple trial conflicts for the month of October.

12 Defense counsel currently has six trials set for between October 2025 and December 2025.

13 Plaintiff’s counsel will be in trial in October 2025, and has an extended pre-planned absence in December.

15 5. Both parties have been working productively and cooperatively, including discussing the status of discovery and alternative dispute resolution. The parties intend to look at available mediation dates in October and early November making the current trial date not feasible.

19 6. With this in mind, the parties respectfully request a new trial date of February 23, 2026.

21 7. In light of these developments, the parties therefore stipulate to an extension of the current trial date and pre-trial deadlines, as follows: 23 Parties Proposed new jury trial date: February 23, 2026.

STIPULATION AND AGREED ORDER TO CONTINUE PRETRIAL WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP PRE-TRIAL EVENT CURRENT DEADLINE PROPOSED DEADLINE Disclosure of expert February 24, 2025 July 28, 2025 testimony under Fed. R. Civ. P. 26(a)(2) Disclosure of rebuttal expert within 30 days after the other within 30 days after the other testimony under Fed. R. Civ. party's expert disclosure party's expert disclosure 6 P. 26(a)(2) All motions related to March 26, 2025 August 27, 2025 discovery must be filed by (see LCR 7(d)) April 25, 2025 September 26, 2025 Discovery completed by All dispositive motions and May 27, 2025 October 28, 2025 motions challenging expert witness testimony must be filed by (see LCR 7(d)) All motions in limine must August 13, 2025 January 14, 2026 be filed by (see LCR 7(d)) September 2, 2025 February 3, 2026 Deposition Designations must be submitted to the Court by (see LCR 32(e)) September 2, 2025 February 3, 2026 Agreed Pretrial Order due Trial briefs, proposed voir September 8, 2025 February 9, 2026 dire, jury instructions, agreed neutral statement of the case and deposition designations due by September 15, 2025 February 17, 2026 Pretrial conference STIPULATION AND AGREED ORDER TO CONTINUE PRETRIAL WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP 1 8. By so stipulating, neither Plaintiffs nor Defendant consent to discovery above or beyond those permitted by the Federal Rules of Civil Procedure or this Court’s Local Rules.

3 9. Based upon the stipulation and agreements set forth above, the parties stipulate to the filing of the Agreed Order below.

IT IS SO STIPULATED.

6 DATED this 18th day of February, 2025.

WILSON, ELSER, MOSKOWITZ, 8 EDELMAN & DICKER LLP 9 By: s/Hailey Delay Dirk J. Muse, WSBA #28911 10 Hailey Delay, WSBA #54887 Pike Street, Suite 2350 11 Seattle, WA 98101 (206) 709-5900 (main) 12 (206) 709-5901 (fax) [email protected] Attorneys for Defendants

HERRMANN LAW GROUP By: s/Anthony Marsh _________________ 17 Frank Shin, WSBA #56647 Anthony Marsh, WSBA #45194 18 505 Fifth Ave S, Ste. 330 Seattle, WA 98104 19 (206) 625-9104 (main) (206) 682-6710 (fax) 20 [email protected] [email protected] Attorney for Plaintiffs

STIPULATION AND AGREED ORDER TO CONTINUE PRETRIAL WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP 1 AGREED ORDER 2 Pursuant to the Stipulation above, the Court hereby orders that the identified pretrial dates be reset as agreed by the Parties, and sets a new trial date of February 23, 2026.

4 DATED this 19th day of February, 2025.

6 A Jamal N. Whitehead United States District Judge

STIPULATION AND AGREED ORDER TO CONTINUE PRETRIAL WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP 1 CERTIFICATE OF SERVICE 2 I hereby certify that on February 18, 2025, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which will send notification of such filing to all attorneys of record.

DATED this 19th day of February, 2025, at Seattle, Washington.

/s/Hailey K. Delay 7 Hailey K. Delay

STIPULATION AND AGREED ORDER TO CONTINUE PRETRIAL WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP