Brigit Berthoud Prokis v. United States of America; Beehive Trucking Co. LLC;...

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 STATUS REPORT AND 11 JOINT MOTION & ORDER FOR v. EXTENSION OF TRIAL AND PRETRIAL 12 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 STATUS REPORT 19 Pursuant to this Court’s Order granting Defendant United States’ Unopposed Motion to Stay in Light of the Lapse of Appropriations (Dkt. 29), the parties submit this Joint Status Report.

21 The Court’s Order (Dkt. 29) directs the parties to advise whether they believe an extension of the current case schedule is necessary. All parties agree that an extension is warranted and have conferred to develop a mutually acceptable revised schedule, as set forth below.

24 // 1 The parties therefore jointly STIPULATE and AGREE to extend the deadlines established in the Court’s August 22, 2025, Amended Minute Order Setting Trial Date and Related Dates (Dkt.

3 25) (“the Order”).

4 Under Federal Rule of Civil Procedure 16(b)(4), “[a case] schedule may be modified only for good cause and with the judge’s consent.” See also LCR 16(b)(6) (same). The decision to modify a scheduling order lies within the broad discretion of the district court. Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 607 (9th Cir. 1992).

8 Good cause exists to amend the deadlines in the Order due to the 43-day federal lapse in appropriations and for the reasons previously set forth in the Government’s Motion to Stay (Dkt.

10 23). The lapse in appropriations required the parties to cancel the mediation previously scheduled for October. The parties have been diligently coordinating with the agreed-upon mediator to reschedule and, based on the mediator’s limited availability, anticipate a new mediation date no earlier than February 3, 2026.

14 The parties further seek to avoid duplicative work and to ensure sufficient time to complete remaining discovery, including depositions and necessary IMEs. Additionally, one of the United States’ counsel is currently on parental leave, with an anticipated return date of January 21, 2025, further supporting the need for the requested extensions.

18 Accordingly, the parties jointly and respectfully request that the Court extend the deadlines in the Order as set forth below. The proposed schedule provides for deadlines approximately two months after the new mediation date, allowing the parties a meaningful opportunity to mediate this matter with the hope of avoiding further litigation and achieving a mutually agreeable settlement.

22 // // // 1 Case Event Current Deadline Proposed Deadline (ECF No. 25) TBD [A date convenient for July 13, 2026 BENCH TRIAL the Court on or after 1:30 p.m. - Seattle November 2, 2026] Disclosure of expert testimony under FRCP December 15, 2025 April 6, 2026 26(a)(2) All motions related to discovery must be filed by January 14, 2026 May 6, 2026 (see LCR 7(d)) Discovery completed by February 13, 2026 June 5, 2026 All dispositive motions and motions challenging expert March 16, 2026 July 6, 2026 witness testimony must be filed by (see LCR 7(d)) Settlement conference held no later than (See LCR 39.1(b)(5) if parties are May 14, 2026 September 3, 2026 interested in pro bono mediation) All motions in limine must be filed by June 1, 2026 September 21, 2026 Agreed pretrial order due June 22, 2026 October 13, 2026 Deposition Designations must be submitted to June 24, 2026 the court (not filed on October 14, 2026 CM/ECF) by: (see LCR 32(e)) Pretrial conference to be 20 June 29, 2026 TBD held at 01:30 pm on Trial briefs, proposed findings of fact and conclusions of law July 6, 2026 October 26, 2026 by 23 For the foregoing reasons, the parties respectfully request that the Court amend the case schedule as proposed in this motion.

1 A proposed order accompanies this stipulation.

3 DATED this 26th day of November, 2025.

4 Respectfully submitted, 5 CHARLES NEIL FLOYD United States Attorney s/ Alixandria K. Morris 7 ALIXANDRIA K. MORRIS, TX No. 24095373 8 s/ Sean M. Arenson SEAN M. ARENSON, WSBA No. 60465 9 Assistant United States Attorneys United States Attorney’s Office 10 Western District of Washington Stewart Street, Suite 5220 11 Seattle, Washington 98101 Phone: 206-553-7970 12 sFax: 206-553-4067 Email: [email protected] 13 Email: [email protected] 14 Attorneys for United States of America 15 I certify that this memorandum contains 570 words, in compliance with the Local Civil Rules.

COLBURN LAW 19 S/ Greg Colburn Greg Colburn, WSBA No. 41236 20 David Kell, WSBA No. 38969 22500 SE 64th Place, Suite 200 21 Issaquah, WA 98027 Phone: 206-919-3215 22 Email: [email protected] Email: [email protected] 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 Based on the foregoing stipulation, the Court sets trial for November 2, 2026. The Court ||DIRECTS the Clerk to file a case scheduling order that sets deadlines in accordance with the |/Court’s standard pretrial schedule.

5 DATED this 26th day of November, 2025.

7 OJoka 4. Char JOMN H. CHUN 8 United States District Judge 1] PARTIES’ JOINT STATUS REPORT AND JOINT MOTION & ORDER FOR EXTENSION OF TRIAL AND PRETRIAL