Webb v. Travelers Home and Marine Insurance Company

1 HONORABLE JAMAL N. WHITEHEAD 8 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 9 AT SEATTLE JEFFREY WEBB and DONNA WEBB, Husband and Wife, No.: 2:24-cv-00431-JNW Plaintiffs, STIPULATED MOTION TO EXTEND 12 CERTAIN DEADLINES v. TRAVELERS HOME AND MARINE NOTE ON MOTION CALENDAR: INSURANCE COMPANY, a Foreign Wednesday, March 12, 2025 Corporation doing business in Washington, DOES I-V, 16 Defendant.

18 I. INTRODUCTION AND RELIEF REQUESTED 19 Pursuant to LCR 10(g), LCR 16(b)(6), and Fed. R. Civ. P. 16(b)(4), Plaintiffs Jeffery Webb and Donna Webb (“Plaintiffs”) and Defendant Travelers Home and Marine Insurance Company (“Defendant” or “Travelers”) (collectively, the “Parties”) jointly move the Court for an order extending certain deadlines.

23 II. STATEMENT OF FACTS 24 The Parties incorporate the Statement of Facts outlined in Dkt. 13 herein. Trial is set for November 3, 2025. Plaintiffs secured a contractor’s estimate that Defendant is reviewing.

26 In addition, the Parties are scheduling mediation for the end of May. Between the filing of this stipulation and the mediation, the Parties will have also conducted an inspection of the property with Defendant’s expert contractor. The Parties continue to believe that early settlement is possible and wish to mediate the case before incurring additional and unnecessary litigation costs. As such, the Parties wish to extend the following deadlines: (1) Disclosure of Expert Testimony; (2) Disclosure of Rebuttal Expert Testimony; (3) Discovery Motions; and (4) Completion of Discovery.

7 III. AUTHORITY 8 Good cause exists to continue the case deadlines pursuant to Fed. R. Civ. P. 16(b)(4) and LCR 16(b)(6) because the Parties wish to minimize the use of judicial resources by mediating this case prior to disclosure expert testimony.

11 A trial schedule may be modified only for good cause and with the judge’s consent.

12 Fed. R. Civ. P. 16(b)(4). Good cause exists where parties seeking modification of a scheduling order cannot meet the order’s timetable, even with the exercise of due diligence.

14 Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992).

15 There is good cause to continue certain case deadlines to allow the parties the opportunity to inspect the property, compare expert estimates, and complete mediation. The Parties wish to complete these tasks while avoiding the expense of expert and rebuttal expert reports at this stage. The Parties are not seeking a continuance to delay resolution of this case—rather, the Parties wish to minimize litigation expenses and focus their attention on resolving this case at mediation.

21 The extension of these deadlines is not intended to affect the other deadlines set in Dkt. 15. The Parties respectfully propose the following extended deadlines listed in the table below: / / / / / / / / / Deadline Current Date Proposed Date Disclosure of expert testimony under Fed.R. — April 4, 2025 June 6, 2025 Civ. P. 26(a)(2) Disclosure of rebuttal expert testimony under Within30days | Within 30 days after All Fed. R. Civ. P. 26(a)(2) after the other the other party’s party’s expert expert disclosure 5 disclosure 6|| All motions related to discovery must be filed May 5, 2025 July 2, 2025 by (see LCR 7(d)) Discovery completed by June 3, 2025 July 11, 2025 9 IV. CONCLUSION 10 For the foregoing reasons, the Parties respectfully and jointly request that the Court find that there is good cause to extend certain case deadlines and enters an order extending 12|| certain case deadlines as proposed above, pursuant to Fed. R. Civ. P. 16(b)(4) and LCR 13|| 16(6)(6).

14 The Parties certify that this motion contains 509 words in compliance with the Local 15|| Civil Rules.

16 /s/ Robert D. Bohm, per email permission /s/ Caitlyn E. Robinson 17|| Robert D. Bohm, WSBA #42703 Pamela J. DeVet, WSBA #32882 ROBERT D. BOHM, PLLC Caitlyn E. Robinson, WSBA #60055 18]| PO Box 25536 BULLIVANT HOUSER BAILEY PC Federal Way, WA 98093 925 Fourth Ave. Suite 3800 19!) Email: [email protected] Seattle, WA 98104 Counsel for Plaintiffs Email: [email protected] Email: [email protected] 4s/Jesse Froehling, per email permission Counsel for Defendant Jesse Froehling, WSBA #47881 22|! Daniel McLafferty, WSBA #45243 BASTION LAW, PLLC Cherry St., PMB 97380 Seattle, WA 98104-2205 Email: [email protected] 25|| Email: [email protected] Counsel for Plaintiffs STIPULATED MOTION TO EXTEND CERTAIN DEADLINES PAGE 3 _Bullivant|Houser|Bailey PC Fourth Avenue, Suite 3800 Seattle, Washington 98104

PROPOSED ORDER It is so ordered.

DATED this 13th day of March, 2025.

6 A 7 Jamal N. Whitehead United States District Judge

11 4927-1345-3605.1 1 CERTIFICATE OF SERVICE 2 I hereby certify that on March 12, 2025, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF e-filing system which will send notification of such filing to the persons listed below that are registered: Robert D. Bohm, WSBA # 42703 via hand delivery.

ROBERT D. BOHM, PLLC via first class mail.

7 PO Box 25536 via email Federal Way, WA 98093 CM/ECF E-service E-mail: [email protected] Jesse Froehling, WSBA #47881 Daniel McLafferty, WSBA #45243 BASTION LAW, PLLC Cherry Street, PMB 97380 Seattle, WA 98104-2205 E-mail: [email protected] E-mail: [email protected] Attorneys for Plaintiffs Dated this 12th day of March, 2025.

/s/ Diane M. Lindberg Diane M. Lindberg, Legal Assistant E-mail: [email protected]

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