Prokis v. United States

UNITED STATES DISTRICT COURT FOR THE 7 WESTERN DISTRICT OF WASHINGTON AT SEATTLE BRIGIT BERTHOUD PROKIS, Case No. 2:24-cv-00617-JHC 10 Plaintiff, STIPULATED MOTION AND ORDER FOR 11 v. EXTENSION OF EXPERT DISCLOSURE DEADLINES UNITED STATES OF AMERICA; BEEHIVE TRUCKING CO. LLC, a foreign company; US FREIGHT DELIVERY, LLC, a foreign company; RAUAN DUISEBAYEV and JANE DOE DUISEBAYEV, individually and the marital community composed thereof, Defendants.

The parties hereby jointly STIPULATE AND AGREE to extend the expert disclosure deadlines set forth in the Court’s January 23, 2025, Order Setting Trial Date and Related Dates (Dkt. 17), and the Federal Rules of Civil Procedures, as set forth below.

Proposed New Deadline Current Deadline 21 Deadline Disclosure of expert testimony under 22 July 14, 2025 July 28, 2025 FRCP 26(a)(2) Disclosure of rebuttal expert testimony August 13, 20251 August 27, 2025 No modification to the trial date or any other pre-trial deadlines is requested.

4 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 these expert disclosure deadlines. The parties have been working diligently to complete discovery in this case, but due to scheduling and availability constraints, depositions of fact witnesses are still ongoing. For instance, Defendant United States subpoenaed Jason Travis, the driver of the vehicle in which Plaintiff was traveling at the time of the accident, to provide deposition testimony on June 18, 2025, but two days before his deposition, Mr. Travis notified Defendant that he would be unable to attend his deposition due to unforeseen personal circumstances. Because the parties’ experts need time to review fact witnesses’ deposition testimony and incorporate it into their analyses, it will be more efficient for expert witnesses to have access to this testimony before the disclosure deadline to avoid duplicative efforts based on new information. A short, two-week extension of the expert disclosure deadlines will allow the parties’ experts to account for Mr. Travis’s testimony in their reports in the first instance without disturbing the trial date or any other deadlines in the case schedule.

19 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.

21 // // The Court’s scheduling order does not specify a deadline for rebuttal expert testimony, so the current deadline is calculated pursuant to Fed. R. Civ. P. 26(a)(2)(D)(ii).

1 DATED this 1st day of July, 2025.

2 Respectfully submitted, 3 TEAL LUTHY MILLER Acting United States Attorney s/ Sean M. Arenson 5 SEAN M. ARENSON, WSBA No. 60456 6 s/ Alixandria K. Morris ALIXANDRIA K. MORRIS, TX No. 24095373 7 Assistant United States Attorneys United States Attorney’s Office 8 Western District of Washington Stewart Street, Suite 5220 9 Seattle, Washington 98101-1271 Phone : 206-553-7970 10 Fax : 206-553-4073 Email : [email protected] 11 Email : [email protected] 12 Attorneys for United States of America 13 I certify that this memorandum contains 359 words, in compliance with the Local Civil Rules.

COLBURN LAW 17 S/ Greg Colburn Greg Colburn, WSBA No. 41236 18 David Kell, WSBA No. 38969 22500 SE 64th Place, Suite 200 19 Issaquah, WA 98027 Phone: 206-919-3215 20 Email: [email protected] Email: [email protected] Attorneys for Plaintiff

1 WIEBURG LAW OFFICES, PLLC 2 . wt a 3 LE □ 4 oi Brett M. Wieburg, WSBA No. 22353 5 3020 Issaquah Pine Lake Rd. SE #390 Sammamish, Washington 98075 6 Phone: 425-427-5925 Email: [email protected] Attorney for Defendants Beehive Trucking Co., LLC, 8 US Freight Delivery, LLC, and Rauan and Jane Doe Duisebayev STIPULATED MOTION AND ORDER FOR UNITED STATES ATTORNEY EXTENSION OF EXPERT DISCLOSURE DEADLINES 700 Stewart Street. Suite 5220 1 ORDER 2 It is hereby ORDERED that the parties’ motion is GRANTED. The new deadlines are as ||follows: Disclosure of expert testimony under FRCP 26(a)(2) July 28, 2025 7 Disclosure of rebuttal expert testimony August 27, 2025 DATED this Ist day of July, 2025.

JOHN H. CHUN 12 United States District Judge STIPULATED MOTION AND ORDER FOR UNITED STATES ATTORNEY EXTENSION OF EXPERT DISCLOSURE DEADLINES 700 Stewart Street. Suite 5220