Jeanne Suchodolski v. John C. Phelan, Secretary of the Navy

1 The Honorable Jamal N. Whitehead

7 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE JEANNE SUCHODOLSKI, Case No. 2:24-cv-00686-JNW Plaintiff, PARTIES’ JOINT STATUS REPORT; 11 PARTIES’ JOINT MOTION FOR v. EXTENSION OF THE CASE SCHEDULE; 12 AND DEFENDANT’S UNOPPOSED JOHN C. PHELAN, Secretary of the Navy, MOTION FOR LEAVE TO FILE OVER- 13 LENGTH BRIEFING Defendant.

15 Pursuant to this Court’s order (Dkt. 34), the parties hereby submit this Joint Status Report.

16 The Court’s Order (Dkt. 34) directs the parties to advise whether they believe an extension of the current case schedule is necessary. Both parties agree that an extension is warranted and have conferred to develop a mutually acceptable revised schedule, as set forth below.

19 The parties therefore jointly STIPULATE and AGREE to extend the deadlines established in the Court’s May 7, 2025, Order (Dkt. 28) (“the Order”). 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.”

22 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).

3 Good cause exists to amend the deadlines in the Order due to the 42-day federal lapse in appropriations and for the reasons previously set forth in the Government’s Motion to Stay (Dkt.

5 33). Additionally, one of the United States’ counsel, Sean Arenson, is currently on parental leave, with an anticipated return date of January 21, 2025, further supporting the need for the requested extensions.

8 Accordingly, the parties jointly and respectfully request that the Court extend the deadlines in the Order as set forth below: 10 Case Event Current Deadline Proposed Deadline (ECF No. 28) TBD [A date convenient for BENCH TRIAL February 17, 2026 the Court not earlier than May 18, 2026] Defendant’s dispositive motions1 must be file by and Parties motions challenging October 21, 2025 January 15, 2026 expert witness testimony must be filed by (see LCR 7(d)) Plaintiff’s Opposition brief to Defendant’s dispositive - February 19, 2026 motions must be filed by Defendant’s Reply brief must - March 5, 2026 be filed by Settlement conference held no later than (See LCR 39.1(b)(5) if parties are December 19, 2025 March 16, 2026 interested in pro bono mediation) All motions in limine must be filed by January 8, 2026 April 6, 2026

23 1 Pursuant to section 5.8 of this Court’s civil chambers procedures, parties have conferred regarding cross motions for summary judgment and whether a proposed briefing schedule is needed. Parties have confirmed that while Defendant intends to file a dispositive motion, Ms. Suchodolski does not intend to file a dispositive motion.

1 Deposition Designations must be submitted to the court (not filed on January 27, 2026 April 27, 2026 CM/ECF) by: (see LCR 32(e)) Agreed pretrial order due January 27, 2026 April 27, 2026 Trial briefs, proposed findings of fact and conclusions of law February 4, 2026 May 4, 2026 by Pretrial conference February 10, 2026 May 11, 2026 For the foregoing reasons, the parties respectfully request that the Court amend the case schedule as proposed in this motion.

Further, pursuant to LCR 7(f), Defendant respectfully requests—and Plaintiff does not oppose—leave to file an overlength dispositive motion not to exceed 12,600 words. The government also seeks leave to file an overlength Reply brief not to exceed 6,300 words. Under Local Rule 7(e)(3), a motion for summary judgment on a single case is limited to 8,400 words.

Here, because the government intends to file a summary judgment motion covering Plaintiff’s two consolidated cases, and it requests a fifty percent increase over the standard word limit. This additional length is necessary to address multiple arguments and numerous exhibits supporting the government’s position on the claims in both cases. The government does not object to the Plaintiff filing an opposition brief of equal length. Accordingly, the United States respectfully requests that the Court permit: (1) 12,600 words for its dispositive motion, (2) 12,600 words for Plaintiff’s opposition brief, and (3) 6,300 words for its reply brief.

A proposed order accompanies this motion. // // 1 DATED this 26th day of November, 2025.

2 Respectfully submitted, CHARLES NEIL FLOYD ALAN LESCHT AND ASSOCIATES, P.C.

United States Attorney s/ Sean M. Arenson s/ Victoria L. Watson SEAN M. ARENSON, WSBA No. 60456 VICTORIA L. WATSON* s/ Alixandria K. Morris s/ Kathryn Kelly ALIXANDRIA K. MORRIS, TX No. 24095373 KATHRYN KELLY* Assistant United States Attorneys United States Attorney’s Office s/ Ari M. Wilkenfeld Western District of Washington ARI M. WILKENFELD* Stewart Street, Suite 5220 1825 K Street, NW, Suite 750 Seattle, Washington 98101-1271 Washington, DC 20006 Phone: 206-553-7970 Email: [email protected] Fax: 206-553-4073 Email: [email protected] Email: [email protected] Email: [email protected] Email: [email protected] MARTINEZ, DIETRICH & ZARCONE Attorneys for Defendant I certify this memorandum contains 626 words, in s/ Jenny Foley compliance with Local Civil Rules. JENNY FOLEY* 7881 W Charleston Boulevard, Suite 210 14 Las Vegas, NV 89117 Phone: 702-963-9448 15 Email: [email protected] 16 *Admitted Pro Hac Vice HKM EMPLOYMENT ATTORNEYS LLP /s/Daniel Kalish 19 DANIEL KALISH, WSBA No. 65815 Stewart Street, Suite 901 20 Seattle, Washington 98101 Phone: 206-826-5354 21 Fax: 206-826-5354 Email: [email protected] Attorneys for Plaintiff 1 ORDER 2 It is hereby ORDERED that the Parties’ motion is GRANTED. The new deadlines are as follows: Deadline New Deadline BENCH TRIAL May 26, 2026 6 Defendant’s dispositive motions and Parties motions challenging expert January 15, 2026 7 witness testimony must be filed by (see LCR 7(d)) 8 Plaintiff’s Opposition brief to Defendant’s February 19, 2026 dispositive motions must be filed by 9 Defendant’s Reply brief must be filed by March 5, 2026 Settlement conference held no later than 10 (See LCR 39.1(b)(5) if parties are March 16, 2026 interested in pro bono mediation) 11 All motions in limine must be filed by April 6, 2026 12 Deposition Designations must be April 27, 2026 submitted by Agreed pretrial order due April 27, 2026 Trial briefs, proposed findings of fact and 15 conclusions of law by May 4, 2026 Pretrial conference May 11, 2026 17 The Court having reviewed the pleadings and materials in this case, it is hereby further ORDERED that: Defendant’s Unopposed Motion for Leave to File Over-length Briefing is GRANTED. Defendant shall be permitted 12,600 words for its dispositive motion, Plaintiff shall be permitted 12,600 words for its response, and Defendant shall be permitted 6,300 words for its reply.

] DATED this 3rd day of December, 2025.

3 Kabie$ “AMAL N. WHITEHEAD 4 United States District Judge 1] PARTIES’ JOINT STATUS REPORT; PARTIES’ JOINT MOTION UNITED STATES ATTORNEY FOR EXTENSION OF THE CASE SCHEDULE; AND DEFENDANT’S 700 Stewart Street, Suite 5220 UNOPPOSED MOTION FOR LEAVE TO FILE OVER-LENGTH Seattle. Washineton 98101-1271