Waite v. Church of Jesus Christ, Latterday Saints et al

Filing 11

STATUS REPORT Joint Status Certificate and Discovery Plan by all parties. (Eymann, Richard)

Waite v. Church of Jesus Christ, Latterday Saints et al

Doc. 11

Case 2:05-cv-00399-EFS

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Filed 06/01/2006

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RICHARD C. EYMANN Eymann Allison Fennessy Hunter Jones, P.S. 2208 W. Second Avenue Spokane, WA 99204 [phone] STEPHEN L. NORDSTROM Nordstrom & Nees, P.S. 323 S. Pines Road Spokane, WA 99206 [phone] Attorneys for Plaintiff UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF WASHINGTON THOMAS A. WAITE, vs. No. CV-05-399-EFS

Plaintiff, JOINT STATUS CERTIFICATE AND DISCOVERY PLAN THE CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS d/b/a CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS, a Utah corporation, d/b/a CORPORATION OF THE PRESIDENT OF THE CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS, a Utah corporation; DONALD C. FOSSUM; and STEVEN D. BRODHEAD, Defendants. I. JOINT STATUS CERTIFICATE The parties make the following joint status certificate: (a) (b) The parties agree that service of process is complete. The parties agree that there do not appear to be any issues with regard

to jurisdiction and venue within the Eastern District of Washington.

JOINT STATUS CERTIFICATE AND DISCOVERY PLAN-1
(joint status certificate.wpd)

E Y M A N N A L L IS O N F E N N E S S Y H U N T E R J O N E S , P .S . 2208 WEST SEC O N D AVEN U E SPO K A N E , WA S H I N G T O N 99204 [phone] FA X : [phone]

Dockets.Justia.com

Case 2:05-cv-00399-EFS

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(c)

The parties anticipate summary judgment motions on liability issues at

some point in the future. A summary judgment motion regarding the alleged fiduciary duty of defendant LDS Church is anticipated before the end of 2006. (d) (e) See Rule 26(f) certificate herein. The discovery cut-off date should be thirty (30) days before trial. A trial

date in September, 2007 is requested. The parties suggest a pre-trial conference thirty (30) days before trial. The anticipated length of trial is thirteen (13) days. (f) (g) At this time, no special procedures appear to be necessary. At this time, no modification of the standard pretrial procedures appears

to be necessary. (h) necessary. (I) Magistrate. (j) It is too early to determine settlement prospects, but the parties remain The parties have not consented to this matter being tried by a U.S. The parties do not anticipate, at this time, that bifurcation will be

open to settlement. (k) (l) There are no other matters which need to be discussed at this time. Defendant LDS Church has filed its Non-Governmental Corporate

Disclosure Statement Pursuant to Fed.R.Civ.P. 7.1. All parties recognize that there is an on-going responsibility to supplement this information. II. RULE 26(f) STATEMENT AND DISCOVERY PLAN (a) The parties suggest that initial disclosures as required by Rule 26(a)(1) With regard to pretrial

be made by all parties on or before August 1, 2006.

disclosures as required by Rule 26(a)(3), the parties suggest that such disclosures be made in accordance and within the time required under the rule.
E Y M A N N A L L IS O N F E N N E S S Y H U N T E R J O N E S , P .S . 2208 WEST SEC O N D AVEN U E SPO K A N E , WA S H I N G T O N 99204 [phone] FA X : [phone]

JOINT STATUS CERTIFICATE AND DISCOVERY PLAN-2
(joint status certificate.wpd)

Case 2:05-cv-00399-EFS

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(b)

The parties agree that discovery will be needed on both liability and

damages issues. The parties suggest that a discovery deadline or cutoff of thirty (30) days before trial be set. There is no necessity that discovery be conducted in phases or be limited to or focused upon particular issues. It is anticipated that several fact witnesses will be deposed concerning both liability and damages issues as well as the depositions of plaintiff and defendants Donald Fossum and Steven Brodhead, plaintiff's treating physicians, the parties' lay and expert witnesses and representatives of defendant LDS Church. It is anticipated that, due to the complexity of the claims, the parties will stipulate to a reasonable increase in the number of depositions allowed under LR 30.1(a). (c) The parties agree that the expert disclosure requirements as set forth in

Rule 26(a)(2) will be applicable in this case with the agreed stipulation that experts' opinions will include not only their Fed.R.Civ.P. 26(a) reports but also their deposition testimony and any supplemental reports submitted. The parties further agree that disclosure of experts should be accomplished by way of identifying name, address, area of expertise, and by providing copies of their Curriculum Vitae and expert reports on the dates set forth below. The parties believe that through the use of depositions, interrogatories and requests for production, discovery in this matter can be accomplished in an expeditious and efficient matter. The parties, at this time, do not anticipate the need for other limitations or changes regarding the applicable discovery rules. (d) The parties propose the following plan and schedule of discovery: 1. 2. 3. Plaintiffs' disclosure of expert witnesses: Defendant's disclosure of expert witnesses: Disclosure of rebuttal experts: September 5, 2006 November 6, 2006 January 5, 2007
E Y M A N N A L L IS O N F E N N E S S Y H U N T E R J O N E S , P .S . 2208 WEST SEC O N D AVEN U E SPO K A N E , WA S H I N G T O N 99204 [phone] FA X : [phone]

JOINT STATUS CERTIFICATE AND DISCOVERY PLAN-3
(joint status certificate.wpd)

Case 2:05-cv-00399-EFS

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4. 5. 6. 7. 8.

Final disclosure of lay witnesses:

June 1, 2007

All discovery shall be completed thirty (30) days before trial. Pretrial conference: 30 days before trial. Trial briefs due two (2) weeks before trial. Proposed Jury Instructions and Voir Dire due two (2) weeks before trial.

9.

Trial is requested for thirteen (13) days. The parties are all available for trial in September, 2007. The parties would like to discuss this further with the Court at the status conference.

(e) (f)

No other order on discovery is proposed at this time. Counsel for the parties have conferred in a reasonable effort to reach

agreement on the above matters. It is anticipated there will be no difficulty at this time in exchanging tangible and/or documentary evidence that is not privileged or work product. The parties have agreed to identify all documents or other tangible evidence for which there is a claim that is protected by privilege and/or work product. Thereafter, counsel have agreed to confer on each item prior to any motion to produce. III. BRIEF DESCRIPTION OF CLAIMS AND DEFENSES (a) Plaintiff's Claims: This matter involves an automobile collision which plaintiff Thomas Waite alleges was caused by the negligence and/or breach of fiduciary duties of defendants. Plaintiff Thomas Waite sustained serious and permanent injuries when the pick-up truck driven by defendant Fossum that he was riding in was broadsided by defendant Brodhead. Plaintiff's claims against defendants include negligence, breach of fiduciary duty and breach of special relationship.
E Y M A N N A L L IS O N F E N N E S S Y H U N T E R J O N E S , P .S . 2208 WEST SEC O N D AVEN U E SPO K A N E , WA S H I N G T O N 99204 [phone] FA X : [phone]

JOINT STATUS CERTIFICATE AND DISCOVERY PLAN-4
(joint status certificate.wpd)

Case 2:05-cv-00399-EFS

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(b)

Defendant LDS Church's and Donald C. Fossum's Defenses:

Defendants LDS Church and Donald C. Fossum deny any negligence. Defendant Fossum came to a complete stop at the subject intersection and was legally proceeding through the intersection when struck broadside by defendant Brodhead. Defendants further claim Mr. Waite was comparatively negligent for choosing to ride in the back of the truck driven by defendant Fossum. Last, defendant LDS Church concedes a special relationship between itself and Mr. Waite, but denies that the relationship results in any fiduciary duties. (c) Defendant Steven Brodhead's Defenses:

Defendant Steven C. Brodhead has denied negligence pending further discovery. Defendant Brodhead has admitted that plaintiff was seriously injured in the accident, but is not aware of the severity or permanence of the injuries. Defendant Brodhead has asserted that plaintiff was comparatively negligent by knowingly becoming an unrestrained passenger in the cargo portion of a pickup truck. Further, defendant Brodhead asserts that plaintiff's injuries and damages are the proximate result of actions of other persons or entities to be established during the course of discovery. DATED this 1st day of June, 2006. EYMANN ALLISON FENNESSY HUNTER JONES, PS

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JOINT STATUS CERTIFICATE AND DISCOVERY PLAN-5
(joint status certificate.wpd)
E Y M A N N A L L IS O N F E N N E S S Y H U N T E R J O N E S , P .S . 2208 WEST SEC O N D AVEN U E SPO K A N E , WA S H I N G T O N 99204 [phone] FA X : [phone]

BY s/Richard C. Eymann RICHARD C. EYMANN, WSBA #7470 Co-Counsel for Plaintiff

Case 2:05-cv-00399-EFS

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NORDSTROM & NEES, P.S. BY Telephonically approved 6/01/06 STEPHEN L. NORDSTROM, WSBA #11267 Co-counsel for Plaintiff

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WITHERSPOON KELLEY DAVENPORT & TOOLE BY Telephonically approved 6/01/06 BRIAN T. REKOFKE, WSBA #13260 Attorney for Defendants LDS Church and Donald C. Fossum

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PAINE HAMBLEN COFFIN BROOKE & MILLER
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JOINT STATUS CERTIFICATE AND DISCOVERY PLAN-6
(joint status certificate.wpd)
E Y M A N N A L L IS O N F E N N E S S Y H U N T E R J O N E S , P .S . 2208 WEST SEC O N D AVEN U E SPO K A N E , WA S H I N G T O N 99204 [phone] FA X : [phone]

BY

Telephonically approved 6/01/06 ANDREW C. SMYTHE, WSBA #7948 Attorney for Defendant Steven D. Brodhead