Dods v. United States

1 The Honorable Tiffany M. Cartwright

7 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON 8 AT TACOMA AMANDA DODS, Case No. 3:24-cv-05170-TMC Plaintiff, STIPULATED MOTION AND 11 v. ORDER FOR EXTENSION OF PRETRIAL UNITED STATES OF AMERICA and DEADLINES UNITED STATES POSTAL SERVICE, 13 Noted for Consideration: Defendants. March 6, 2025 15 The parties hereby jointly STIPULATE AND AGREE to extend the following deadlines, which were set forth in the Court’s August 22, 2024, Order Setting Bench Trial and Pretrial Dates (Dkt. 16), as set forth below.

18 Proposed New Deadline Current Deadline Deadline Disclosure of expert testimony under March 24, 2025 April 7, 2025 FRCP 26(a)(2) 21 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). The parties submit that good cause exists for extending this specific deadline.

24 The parties have diligently worked to complete discovery in this case, including working with expert witnesses in anticipation of the March 24, 2025 expert witness disclosure deadline.

2 Defendant has engaged an expert witness who will perform a functional capacity exam of Plaintiff, and the parties worked to set a date for the exam. Unfortunately, the only date that works for both Plaintiff and the expert is March 20, 2025. The expert will need time to complete her report, which will then be given to other experts engaged by Defendant. A two-week extension of this deadline will allow Defendants’ experts to complete her report and to have that report reviewed by other experts. A short, two-week delay will still leave time for the parties to complete discovery under the current deadline so that the trial date can remain in place.

9 For the reasons set forth above, the parties believe that there is good cause to request an extension of the above-listed dates and respectfully request that the Court grant their motion.

12 // // // // // 1 SO STIPULATED.

2 DATED this 6th day of March, 2025.

3 Respectfully submitted, TEAL LUTHY MILLER MORGAN & KOONTZ, PLLC Acting United States Attorney s/ Whitney Passmore s/ Mark E. Koontz WHITNEY PASSMORE, FL No. 91922 MARK E. KOONTZ, WSBA No. 26212 JAMES C. STRONG, WSBA No. 59151 2501 N. Alder Street Assistant United States Attorneys Tacoma, WA 98406 United States Attorney’s Office Phone: 253-761-4444 Western District of Washington Fax: 253-752-1071 Stewart Street, Suite 5220 Email: [email protected] Seattle, Washington 98101-1271 Phone: 206-553-7970 Attorney for Plaintiff Fax: 206-553-4073 Email: [email protected] 11 [email protected] Attorneys for United States of America I certify that this memorandum contains 277 words, in compliance with the Local Civil Rules.

1 ORDER 2 It is hereby ORDERED that the parties’ motion is GRANTED. The new pretrial deadline 3 as follows: pana [ae [Sete nrrerasora) | arian Disclosure of expert testimony under FRCP 26(a)(2) April 7, 2025 7 Dated this 10th day of March, 2025. — 10 am United States District Judge STIPULATED MOTION AND ORDER UNITED STATES ATTORNEY FOR EXTENSION OF PRETRIAL DEADLINES 700 Stewart Street, Suite 5220