Prokis v. United States

7 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE BRIGIT BERTHOUD PROKIS, CASE NO. 2:24-cv-00617-JHC Plaintiff, PARTIES’ JOINT MOTION AND ORDER 11 FOR EXTENSION OF TRIAL AND v. PRETRIAL 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, 16 Defendants.

18 JOINT STIPULATION 19 The parties hereby jointly STIPULATE AND AGREE to extend the following deadlines, which were set in the Court’s January 23, 2025, Order Setting Trial Date and Related Dates (Dkt.

21 17), including the expert disclosure extensions the Court granted in its Order for Extension of Expert Disclosure Deadlines on July 1, 2025 (Dkt. 22), in accordance with the Federal Rules of Civil Procedures, as set forth below: 1 Proposed New Deadline Current Deadline Deadline 2 TBD [A date convenient for BENCH TRIAL February 9, 2026 the Court on or after July 13, 2026] Disclosure of expert testimony under July 28, 2025 N/A FRCP 26(a)(2) Disclosure of rebuttal expert testimony 6 August 27, 2025 September 26, 2025 under FRCP 26(a)(2) All motions related to discovery must be August 13, 2025 January 16, 2026 filed by Discovery completed by September 12, 2025 February 16, 2026 All dispositive motions and motions challenging expert witnesses must be filed October 14, 2025 March 16, 2026 by (see LCR 7(d)) Settlement conference held no later than December 11, 2025 May 11, 2026 All motions in limine must be filed by December 29, 2025 May 29, 2026 Agreed pretrial order due January 20, 2026 June 22, 2026 Deposition designations must be January 21, 2026 June 23, 2026 submitted to the court by Pretrial conference to be held on January 26, 2026 TBD at 03:00 PM Trial briefs, proposed findings of fact and February 2, 2026 July 7, 2026 conclusions of law due by 20 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). Good cause exists to continue the trial and pretrial deadlines as set out above.

23 The parties have acted diligently and cooperatively in pursuing discovery, but additional time is necessary to complete it despite these efforts. To date, the parties have exchanged multiple sets of written discovery and substantial document productions, and have coordinated and taken several fact depositions. Expert discovery is extensive: Plaintiffs have disclosed eight expert witnesses; Defendant United States has disclosed three; and Defendant Beehive/US Freight has disclosed one—for a total of twelve experts. All parties intend to disclose rebuttal experts. Even with diligence, coordinating, and completing depositions for this number of expert and rebuttal witnesses will require more time than the current schedule permits. Several fact witness depositions also remain to be scheduled, and the parties are actively working to set those dates. In addition, the parties are coordinating Rule 35 examinations of Plaintiff, who resides in Southern California and has limited ability to travel, requiring additional logistical planning. The parties have also scheduled mediation for October 14, 2025, and have jointly selected a mediator, with the potential to resolve the matter. Finally, one of the United States’ counsel commenced parental leave on July 28, 2025, and will be on leave through mid-September, with an additional leave period from mid-November through early January, further constraining availability. In light of the substantial and ongoing discovery efforts, the complexity and volume of expert testimony, logistical challenges, and counsel availability, good cause exists to extend the current deadlines.

16 For the reasons set forth above, the parties believe there is good cause to request the extensions as outlined above and respectfully request that the Court grant their motion.

18 SO STIPULATED.

1 DATED this 12th day of August, 2025.

Respectfully submitted, TEAL LUTHY MILLER 4 Acting United States Attorney 5 s/ Alixandria K. Morris ALIXANDRIA K. MORRIS, TX No. 24095373 s/ Sean M. Arenson 7 SEAN M. ARENSON, WSBA No. 60465 Assistant United States Attorneys 8 United States Attorney’s Office Western District of Washington 9 700 Stewart Street, Suite 5220 Seattle, Washington 98101 10 Phone: 206-553-7970 Fax: 206-553-4067 11 Email: [email protected] [email protected] Attorneys for United States of America I certify that this memorandum contains 563 words, 14 in compliance with Local Civil Rules.

16 COLBURN LAW S/ Greg Colburn 18 Greg Colburn, WSBA No. 41236 David Kell, WSBA No. 38969 19 22500 SE 64th Place, Suite 200 Issaquah, WA 98027 20 Phone: 206-919-3215 Email: [email protected] 21 Email: [email protected] 22 Attorneys for Plaintiff

1 WIEBURG LAW OFFICES, PLLC S/ Brett M. Wieburg 3 Brett M. Wieburg, WSBA No. 22353 3020 Issaquah Pine Lake Rd. SE #390 4 Sammamish, Washington 98075 Phone: 425-427-5925 5 Email: [email protected] 6 Attorney for Defendants Beehive Trucking Co., LLC, US Freight Delivery, LLC, and Rauan and Jane Doe 7 Duisebayev

1 ORDER 2 The Court GRANTS the motion in large part and CONTINUES trial to July 13, 2026.

3 Court DIRECTS the Clerk to issue a new case scheduling order that includes pretrial |/deadlines that have not yet passed.

5 DATED this 12th day of August, 2025.

JOHN H. CHUN 8 United States District Judge 1] PARTIES’ JOINT MOTION FOR EXTENSION OF TRIAL AND