Carlson v. City of Redmond

1 HONORABLE JAMAL N. WHITEHEAD

5 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON 6 AT SEATTLE SCOTT CARLSON, TYLER PARNELL, NO. 2:22-CV-01739-JNW ALISON HALLIFAX, SHARON L. DAVIS, BRIAN ROBILLARD, JOSH FREI, STIPULATED MOTION AND MATTHEW PETERSON, AND ARTEM [PROPOSED] ORDER TO EXTEND TETERIN, DISCOVERY DEADLINE AND TO SET 10 BRIEFING SCHEDULE FOR CROSS- Plaintiffs, MOTIONS FOR SUMMARY 11 JUDGMENT v.

12 Noted for Consideration: CITY OF REDMOND, February 25, 2025 13 Defendant.

COME NOW THE PARTIES, Plaintiffs Scott Carlson, Tyler Parnell, Alison Hallifax, Sharon L. Davis, Brian Robillard, Josh Frei, Matthew Peterson and Artem Teterin and Defendant City of Redmond (collectively “the Parties”) and hereby respectfully request that this Court extend the discovery deadline to May 30, 2025, and the deadline challenging expert witness testimony to May 30, 2025, and to set a briefing schedule for cross motions for summary judgment.

WHEREAS the Parties previously extended the discovery deadline and thus cannot do so by stipulated notice per Chambers Procedures; WHEREAS the Parties previously extended the expert discovery deadline (ECF 68), but did

STIPULATED MOTION AND [PROPOSED] ORDER TO EXTEND DISCOVERY DEADLINE AND TO SET BRIEFING SCHEDULE FOR CROSS- not extend the discovery deadline, meaning that the primary expert disclosure deadline and the discovery deadline are on the same day and it will not currently be possible to depose experts after their disclosure; 4 WHEREAS Plaintiffs, pursuant to this Court’s order permitting additional discovery, have noticed approximately thirteen depositions which the parties are in the process of scheduling; 6 WHEREAS Plaintiffs have already taken one of those depositions; 7 WHEREAS Defendant would like to depose the eight Plaintiffs; 8 WHEREAS the current date for disclosure of rebuttal experts is currently due on the same day as the motions challenging expert witness testimony (i.e., FRE 702 or “Daubert” motions). This does not give the opposing party any time to challenge a rebuttal expert witness. The parties recognize that the Chamber’s Procedures requires that FRE 702 or “Daubert motions must be filed by the dispositive motion deadline.” The parties are amendable to pushing out the dispositive motion deadline a few weeks to comply with the Chamber’s Procedures. In the alternative, the parties are amendable to having the deadline for motions challenging expert witness testimony to fall after the initial cross briefs for summary judgment are filed. The parties look to the Court for direction as to what it prefers; 17 WHEREAS, the dispositive motion deadline will not be changed because of extending the discovery deadline, as the initial moving party will still file its opening brief on the current dispositive motion deadline of April 14, 2025.

20 AND WHEREAS, the trial date will not be moved.

21 THEREFORE, the Parties stipulate and move this court as follows:

STIPULATED MOTION AND [PROPOSED] ORDER TO EXTEND DISCOVERY DEADLINE AND TO SET BRIEFING SCHEDULE FOR CROSS- 1 I. STIPULATION 2 For good cause shown and pursuant to Federal of Civil Procedure 16(b)(4) and Local Civil Rule 16(b)(6), the parties respectfully request that this Court enter an order setting a new discovery deadline, a new motions deadline related to discovery, a new motions deadline for challenging expert witness testimony, and a cross summary judgment briefing schedule.

6 For good cause shown and with the Court’s consent, the Court may modify the deadlines in the scheduling order. Fed. R. Civ. P. 16(b)(4); LCR 16(b)(6). The “good cause” standard primarily considers the diligence of 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 Fed. R. Civ. P. 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. 14 Johnson, 975 F.2d at 609.

15 Counsel for the parties have conferred and agree that good cause exists as set forth below to grant the relief requested: 17 1. The parties previously stipulated to move out the expert disclosure deadline, which this Court granted on December 30, 2024. (ECF 68.) The parties did not move the discovery deadline to allow time to conduct discovery as to any named experts. The parties also did not move out the motion to challenge expert witness testimony, as it currently expires on the date that rebuttal experts are disclosed. Moving it to May 12, 2025, the date that Defendant’s combined

STIPULATED MOTION AND [PROPOSED] ORDER TO EXTEND DISCOVERY DEADLINE AND TO SET BRIEFING SCHEDULE FOR CROSS- | opposition/reply brief is due, will give the parties thirty days to depose rebuttal experts and | challenge any such expert designation. The parties stipulated dates below are based on this option.

3 | However, the parties recognize that this suggestion is at odds with the Chambers Procedures § 5.7 | regarding FRE 702 Motions being filed at the time as the dispositive motion deadline. Thus, the | parties would also be fine with the Court pushing out the initial cross summary judgment brief to | May 12, 2025, to comply with Chambers Procedure § 5.7.

7 2. Moving out the discovery deadline will also give the parties flexibility to adjust the | current schedule of the noticed depositions before the cross motions for summary judgment are | due, as some of the currently noticed depositions are for dates that the deponents are not available.

10 3. Since there are eight Plaintiffs in this case, and the Plaintiffs will be moving for | summary judgment as to whether each one has a sincerely held religious belief, and that such an | inquiry 1s individualized to each Plaintiff, the Parties request an additional three hundred (300) | words per Plaintiff (totaling 2,400 words) for Plaintiff's combined opening/opposition brief and | Defendant’s combined opposition/reply brief. The parties further agree that Plaintiffs reply brief | will have the same number of words as Defendant’s opening brief (8,400).

16 Given the above referenced facts, the parties stipulate that good cause exists to set new | dates as to the above. The parties now jointly move the Court for an order to that effect.

18 THEREFORE, IT IS HEREBY STIPULATED AND AGREED AS FOLLOWS:!

19 Current Date All motions related to discovery must be filed by (see | February 12,2025 | April 30, 2025 | | LCR 7(d Discovery completed b March 14, 2025 May 30, 2025 ! The following dates are proposed, subject to the Court’s availability.

STIPULATED MOTION AND-4PROPOSED] ORDER TO EXTEND DISCOVERY DEADLINE AND TO SET BRIEFING SCHEDULE FOR CROSS- MOTIONS FOR SUMMARY JUDGMENT - 4 (Case No. 2:22-CV-01739-JNW) | | or “Daubert” motions) must be filed b Cross-motion for summary judgment - Defendant’s April 13, 2025 April 14, 2025 | | opening brief, which may not exceed 8,400 words, (Sunday) (Monday) must be filed b may not exceed 12,900 words, must be filed b may not exceed 12,900 words.

7 IT IS SO STIPULATED THROUGH COUNSEL OF RECORD.

8 DATED this 25" day of February, 2025.

By: 4/ Jonathon Cherne By: /s/ John W._ Barry Alan J. Reinach, pro hac vice Robert L. Christie, WSBA #10895 10} Jonathon Chere, pro hac vice John W. Barry, WSBA #55661 Church State Council Baker Sterchi Cowden & Rice, LLC | 2686 Townsgate Road 2100 Westlake Ave. N., Ste. 206 Westlake Village, CA 91361 Seattle, WA 98109 | Telephone: (805) 413-7398 Telephone: (206) 957-9669 Email: [email protected] Email: [email protected] | Email:[email protected] Email: [email protected] Tracy Tribbett, WSBA #35922 Attorneys for Defendant Pacific Justice Institute | 6400 Three Rivers Drive Pasco, WA 99301 16] Telephone: (509) 713-9868 Email: [email protected] Attorneys for Plaintiffs I certify that this memorandum contains 1,039 | words, in compliance with the Local Civil Rules.

STIPULATED MOTION AND42ROPOSED] ORDER TO EXTEND DISCOVERY DEADLINE AND TO SET BRIEFING SCHEDULE FOR CROSS- MOTIONS FOR SUMMARY JUDGMENT - 5 (Case No. 2:22-CV-01739-JNW) 1 Il. PROPOSED ORDER 2 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 trial date and case schedule shall be set: All motions related to discovery must be filed by (see | February 12,2025 | April 30, 2025 | | LCR 7(d Discovery completed by March 14, 2025 May 30, 2025 Motions challenging expert witness testimony (i.e., April 13, 2025 May 12, 2025 Daubert motions) must be filed b Cross-Motion for Summary Judgment - Defendant’s April 13, 2025 April 14, 2025 opening brief, which may not exceed 8,400 words, (Sunday) (Monday) must be filed b 10 Plaintiff's combined opening/opposition brief, which N/A April 28, 2025 may not exceed 12,900 words, must be filed b Defendant’s combined opposition/reply brief, which N/A May 12, 2025 may not exceed 12,900 words.

Dp Plaintiff's reply brief, not to exceed 8,400 words May 19, 2025 B ENTERED this 3rd day of March, 2025.

14 Zo 2 □ 15 THE HONORABLE JAMAL N. WHITEHEAD United States District Court Judge STIPULATED MOTION AND42ROPOSED] ORDER TO EXTEND DISCOVERY DEADLINE AND TO SET BRIEFING SCHEDULE FOR CROSS- MOTIONS FOR SUMMARY JUDGMENT - 6 (Case No. 2:22-CV-01739-JNW) 1 Presented by: By: /s/ Jonathon Cherne By: /s/ Robert L. Christie Alan J. Reinach, pro hac vice Robert L. Christie, WSBA #10895 Jonathon Cherne, pro hac vice John W. Barry, WSBA #55661 Church State Council Baker Sterchi Cowden & Rice, LLC 2686 Townsgate Road 2100 Westlake Ave. N., Ste. 206 Westlake Village, CA 91361 Seattle, WA 98109 Telephone: (805) 413-7398 Telephone: (206) 957-9669 Email: [email protected] Email: [email protected] Email: [email protected] Email: [email protected] Tracy Tribbett, WSBA #35922 Attorneys for Defendant Pacific Justice Institute 6400 Three Rivers Drive Pasco, WA 99301 Telephone: (509) 713-9868 Email: [email protected] Attorneys for Plaintiffs

STIPULATED MOTION AND [PROPOSED] ORDER TO EXTEND DISCOVERY DEADLINE AND TO SET BRIEFING SCHEDULE FOR CROSS-