McNutt v. King County Correctional Facility

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 9 AT SEATTLE 10 MICHAL MCNUTT, an individual, and NO. 2:24-cv-02077 RYAN MCNUTT, individually and as 11 Personal Representative of the ESTATE JOINT AND STIPULATED MOTION TO OF ALLEN DUANE MCNUTT, deceased, CONTINUE JOINDER DEADLINE AND ORDER Plaintiffs, 14 v. 15 KING COUNTY CORRECTIONAL FACILITY, a local King County entity; 16 CORTNEY ECHTERNACH, an individual; COZETTE COLE, an individual; OMER BEHAUDEN, an individual, Defendants.

20 Pursuant to LCR 10(g), the parties jointly stipulate and move to extend the deadline 21 for joining additional parties from March 17, 2025, to April 17, 2025. ECF 14. This motion 22 is based on the parties’ agreed factual statement, and the records and pleadings on file in this case. // // // LAW OFFICES I. AGREED STATEMENT OF FACTS The parties have been cooperatively working on written discovery. Both parties responded to initial written discovery on February 14, 2025. Following receipt and review of Defendants’ initial written discovery responses and document production, Plaintiffs served additional written discovery on February 20, 2025.

Plaintiffs intend to amend their complaint in the near future, but responses to the written discovery served on February 20, 2025, are needed before Plaintiffs can bring their motion to amend. As such, Plaintiffs requested that Defendants agree to a short extension 10 of the joinder deadline from March 17, 2025, to April 17, 2025. Defendants agreed to 11 accommodate Plaintiffs’ request.

12 II. AUTHORITIES AND ARGUMENT 13 LCR 10(g) provides: “If a stipulated motion would alter dates or schedules previously set by the court, the parties shall clearly state the reasons justifying the proposed change.”

Here, the parties have diligently and cooperatively worked on timely completing written discovery. This case was relatively recently filed, and Plaintiffs’ counsel reviewed King County’s discovery responses and document production and issued supplemental requests within a week of receipt of King County’s responses. Plaintiffs anticipate that the additional pending written discovery responses and document production will provide additional clarity as to who the proper parties are in this case.

22 As such, the parties agree to a short extension of the joinder deadline to allow 23 Plaintiffs the opportunity to explore these issues, while not be subjected to the stricter rules 24 associated with seeking leave to amend after the joinder deadline. See Sheaffer v. Superior 25 Tank Lines Nw. Div., LLC, No. 2:19-CV-00190-BJR, 2019 WL 2476636, at *5 (W.D. Wash. LAW OFFICES June 13, 2019) (applying Rule 16(b) standard where motion for leave to amend was filed after the date set by the scheduling order). lil. CONCLUSION 5 Based on the foregoing, the parties hereto jointly stipulate and move that the Court 6 enter an Order extending the joinder deadline from March 17, 2025, to April 17, 2025.

GORDON, THOMAS, HONEYWELL LLP 8 { Y| By hy A 9 Robert C. Wilke, WSBA No. 49937 10 [email protected] lan M. Leifer, WSBA No. 56670 11 [email protected] Mariana L. Mufioz, WSBA No. 60320 12 [email protected] Attorneys for Plaintiffs 4 SEAMARK LAW GROUP PLLC Attorneys for King County By s/Geoff Grindeland 16 Geoff Grindeland, WSBA No. 35798 [email protected]

LAW OFFICES JOINT AND STIP MTN TO CONTINUE JOINDER DEADLINE - 3 of 4 GORDON THOMAS HONEYWELL LLP [4908-7711-6200] 1204 PACIFIC AVENUE, SUITE 2400 TACOMA. WASHINGTON 98402 1 PURSUANT TO THIS STIPULATION, IT IS SO ORDERED that the parties’ Joint and Stipulated Motion to Continue Joinder Deadline is GRANTED to April 17, 2025. All other deadlines in the case management order at Dkt. # 15, remain the same.

5 DATED THIS 17th day of March 2025.

8 Robert S. Lasnik United States District Judge

LAW OFFICES