Bradburn et al v. North Central Regional Library District

Filing 15

Joint MOTION to Modify Case Scheduling Order by North Central Regional Library District. (Adams, Thomas)

Bradburn et al v. North Central Regional Library District

Doc. 15

Case 2:06-cv-00327-EFS

Document 15

Filed 09/13/2007

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The Honorable Edward F. Shea
Thomas D. Adams

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3 Celeste Mountain Monroe

4 KA TUTTLE CAMPBELL
5 1201 Third Avenue, Suite 2900

Seattle, Washington 98101-3028

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7 Attorneys for North Central Regional Library District
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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON AT SPOKANE

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SARAH BRADBURN, PEARL

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CHERRGTON, CHAES
HEINLEN, and THE SECOND

AMENDMENT FOUNATION,
Plaintiffs,
v.

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) ) ) NO. CV-06-327-EFS ) ) JOINT MOTION TO MODIFY ) SCHEDULING ORDER

CASE

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) ) ) ) ) )

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NORTH CENTRA REGIONAL
LIBRARY DISTRICT,
Defendant.

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On February 27, 2007, the Court entered a scheduling order in the above-

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captioned case following a telephonic status conference with counseL. In June

MOTION TO MODIFY CASE SCHEDULING ORDER - 1
CV -06-327-EFS
#642143 vI /42703-001

Law Offces

KARR TUTTLE CAMPBELL
A Professional Service Corporation
1201 Thin.! Avenue, Suile 2900, Seatte, Washington 98101-3028 Telephone [phone], Facsimile [phone]

Dockets.Justia.com

Case 2:06-cv-00327-EFS

Document 15

Filed 09/13/2007

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2007, Plaintiffs requested an extension to identify their experts and disclose their

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reports. Defendant granted Plaintiffs' request with the understanding Defendant

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would receive additional time to prepare its expert disclosures. The parties
stipulated to a modification of the case schedule and acted in reliance upon it.

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This stipulation was filed on June 28, 2007, however, it was never entered by
the Court, apparently because it was not accompanied by a motion to modify the
case schedule.

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By this motion, the parties jointly request the Court amend the original
scheduling order to reflect the dates contained herein, as opposed to those filed

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on June 28, 2007. Good cause exists for this request. Defendant has been
diligently working with its expert but has been advised by its expert that more
time is needed to prepare the report and complete the underlying work.

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Plaintiffs wil naturally require time to rebut Defendant's report.
The parties move to amend the case scheduling order as follows:

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. Defendant shall identify its experts, serve those experts' Rule 26(a)(2)
reports on Plaintiffs, and file the Rule 26(a)(2) reports with the Court no later
than October 12, 2007. Defendant shall also provide dates for which those

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experts can be available for deposition.

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MOTION TO MODIFY CASE SCHEDULING ORDER - 2
CV-06-327-EFS
#642 i 43 v I 142703-00 I

Law Offces

KARR TUTTLE CAMPBELL
A Professional Service Corpora/ion
1201 Thii-d Avenue, Suite 2900, Seal lie, Washington 98101-3028 Telephone [phone], Facsimile [phone]

Case 2:06-cv-00327-EFS

Document 15

Filed 09/13/2007

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. Plaintiffs shall identify their rebuttal experts, serve those experts'

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Rule 26(s)(2) reports on Defendant, and file the Rule 26(a)(2) reports on
Defendant, and file the Rule 26(a)(2) reports with the Court no later than
November 9, 2007. Plaintiffs shall also provide dates for which those experts
can be available for deposition.
. All discovery, including depositions and perpetuation depositions, shall

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be completed by November 16,2007 ("Discovery Cutoff'). All interrogatories,

requests for production, and requests for admission shall be served on the
opposing party no later than 70 days prior to the Discovery Cutoff. All motions

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for protective orders must be filed and served no later than 40 days prior to the
Discovery Cutoff. All motions to compel discovery must be filed and served no
later than 30 days prior to the Discovery Cutoff.
. All dispositive and Daubert motions shall be filed and served on or before

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November 30, 2007. Responses to dispositive and Daubert motions shall be filed and served within 21 days after service of the motion. The reply of the
moving party shall be filed and served on January 4, 2008. The parties shall
also file a Joint Statement of Uncontroverted Facts for purposes of Federal Rule

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of Civil Procedure 56(d); this Statement shall be filed and served 3 days
(excluding federal holidays and weekends) after service of the reply, with a
MOTION TO MODIFY CASE SCHEDULING ORDER - 3
CV -06-327-EFS
#642143 v I 142703-00 I
Law Offces

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KARR TUTTLE CAMPBELL
A Professional Service Corporation
1201 Third Avenue, Suite 2900, Scatle. Washington 98101-3028 Telephone [phone], Facsimile (206) 682~7100

Case 2:06-cv-00327-EFS

Document 15

Filed 09/13/2007

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courtesy copy e-mailed to Sheaorders(fwaed.uscourts.gov in WordPerfect or
text-only format.

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No supplemental response or supplemental replies to any dispositive or

Daubert motion may be filed unless the Court grants a motion to file such
documents. Contrary to the Local Rules, dispositive and Daubert motions shall

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be noted for hearing at least 45 days after the date of filing. The parties wil
receive only one hearing date per month for dispositive motions of up to five
issues per party.
. To the extent that the proposed amendments to the case scheduling order

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require a change in the trial date, (now set for January 22, 2008), the parties
understand and agree that all other deadlines not included within this motion
wil be set based on the new trial date.

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In addition to the amendments proposed herein, the parties request the

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case scheduling include a date by which a settlement conference occur. The
parties propose a deadline of Januarv 22, 2008.
II II
II II

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MOTION TO MODIFY CASE SCHEDULING ORDER - 4
CV -06-327-EFS
#642143 vI 142703-001

Lall Offces

KARR TUTTLE CAMPBELL
A Professional Service Corporation
1201 Tbird Avcnuc, Suitc 2900, Seattle, Wasbington 98iol~3028 Telepbone [phone], Fac,gmile [phone]

Case 2:06-cv-00327-EFS

Document 15

Filed 09/13/2007

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DATED this 13th day of

September, 2007.

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KARR TUTTLE CAMPBELL

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Isl Thomas D. Adams Thomas D. Adams, WSBA #18470 E-mail: tadams0)karruttle.com Celeste M. Monroe, WSBA #35843 E-mail: cmonroe(fkarruttle.com Attorney for Defendant North Central Regional Library District KARR TUTTLE CAMPBELL 1201 Third Avenue, Suite 2900 Seattle, Washington 98101 Telephone: [phone] Facsimile: 206.682.7100

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CERTIFICA TE OF SERVICE

I hereby certifY that on September 13, 2007, I electronically fied the foregoing with the Clerk of the
Court using the cM/EcF system which will send notification of such fiing to the persons listed below:
Duncan Manvile

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Rafel Manville PLLc 999 Third Ave., Ste. 1600 Seattle, W A 98104

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KARR TUTTLE CAMPBELL

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By;c~iL
Heather L. White

hwhite(ękarrttle.com

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MOTION TO MODIFY CASE SCHEDULING ORDER - 5
CV -06-327 -EFS
#642143 vI 142703-001

Law Offces

KARR TUTTLE CAMPBELL
A Professional Service Corporation
1201 Third Avenue. Sui Ie 29UO, Seli"le, Washington 9S1lJl-JOiS Telephone [phone], Facsimile [phone]