Davis v. People for People

Filing 25

ORDER GRANTING IN PART MOTION TO RECONSIDER AND SECOND AMENDED SCHEDULING ORDER, granting 20 Motion to Expedite; granting in part and denying in part 21 Motion for Reconsideration; amending Court's 19 Amended Scheduling Order. Pretrial Conference 9/18/15 at 11:00 a.m., in Spokane, Washington. Jury Trial shall commence 9/28/15 at 9:00 a.m., in Spokane, Washington. Signed by Senior Judge Justin L. Quackenbush. (SK, Case Administrator)

1

UNITED STATES DISTRICT COURT

2

EASTERN DISTRICT OF WASHINGTON

3
4

LINDA DAVIS,

5

NO. 2:14-CV-00289-JLQ

6

Plaintiff,

7
8
9

vs.
PEOPLE FOR PEOPLE,

10

ORDER GRANTING IN PART
MOTION TO RECONSIDER AND
SECOND AMENDED
SCHEDULING ORDER

Defendant.

11
12
13

BEFORE THE COURT is Plaintiff's Motion to Reconsider (ECF No. 21) and

14

Motion for Expedited Hearing (ECF No. 20). Plaintiff seeks reconsideration of the

15

court's Order Granting in Part Motion to Continue and Amended Scheduling Order issued

16

on April 3, 2015. On April 20, 2015, the court heard oral argument on the Motion to

17

Reconsider. Andrea Poplawski and William Gilbert appeared for Plaintiff. Dalton Pence

18

participated on behalf of Defendant.

19

The Motion to Reconsider sought to continue the trial date until at least December

20

2015 from its current setting of September 28, 2015, and also extend the time for

21

discovery. At oral argument, Plaintiff's counsel suggested that if additional time was

22

provided for discovery, the parties could adhere to the September 28, 2015 trial date.

23

IT IS HEREBY ORDERED:

24

1. The Motion to Expedite (ECF No. 20) is GRANTED.

25

2. The Motion to Reconsider (ECF No. 21) is GRANTED IN PART AND

26

DENIED IN PART as set forth herein.

27

3. The court's Amended Scheduling Order (ECF No. 19) is amended as follows:

28

(A). All discovery shall be completed on or before August 3, 2015.
Interrogatories, requests for admission/production, etc. must be served sufficiently early
ORDER - 1

1

that all responses are due before the discovery deadline. Any motion to compel discovery

2

shall be filed, served and heard on or before the discovery deadline.

3

(B). All dispositive motions shall be filed and served on or before August 3, 2015.

4

Response and Reply briefing deadlines shall be expedited. Response brief shall be filed

5

within 14 days of the Motion. Reply brief shall be filed within 7 days of the Response.

6

Oral argument, if requested, shall be scheduled by contacting the court's Judicial

7

Assistant, Lee Ann Mauk, at 509-458-5280. Counsel are advised that they need not await

8

the deadline to file a dispositive motion and should keep in mind that the date of hearing

9

on a dispositive motion must be at least 50 days after the motion's filing per Local Rule

10
11
12

7.1(h)(2)(B).
(C). The parties shall file no further discovery except those portions necessary to
support motions.

13

(D). Exhibit lists shall be filed and served and exhibits made available for

14

inspection (or copies provided) on or before August 14, 2015. The exhibits shall not be

15

filed. Objections to exhibits shall be filed and served on or before August 28, 2015, and

16

shall be heard at the pretrial conference. All exhibits shall be pre-marked: Plaintiff shall

17

use numbers 1-499; Defendant shall use numbers 500 et seq.

18

(E). Designation of substantive, as opposed to impeachment, deposition testimony

19

of witnesses who will be unavailable to give live testimony at trial, shall be by

20

highlighting in blue and served, not filed, on or before August 14, 2015. Cross-

21

designations by highlighting in yellow shall be served, not filed, on or before August 28,

22

2015. Objections to any designated deposition testimony shall be filed and served on or

23

before September 8, 2015, and shall be heard at the pretrial conference.

24

(F). All unresolved substantive or evidentiary issues which may foreseeably arise

25

during trial shall be addressed by motions in limine to be served and filed not later than

26

August 24, 2015, and shall be heard and resolved at the pretrial conference.

27
28

(G). Trial briefs, requested jury instructions, and requested jury voir dire shall be
filed and served on or before September 8, 2015.
ORDER - 2

1

(H). The pretrial conference will be held in Spokane, Washington on September

2

18, 2015 at 11:00 a.m. All unresolved motions and objections will be heard at the

3

pretrial conference. If an agreed pretrial order has been lodged, counsel need not appear

4

at the pretrial conference unless unresolved motions or objections exist.

5
6
7
8
9

(I). The jury trial shall commence at 9:00 a.m., on September 28, 2015, in
Spokane, Washington.
IT IS SO ORDERED. The Clerk is hereby directed to enter this Order and
furnish copies to counsel.
DATED this 21st day of April, 2015.
s/ Justin L. Quackenbush
JUSTIN L. QUACKENBUSH
SENIOR UNITED STATES DISTRICT JUDGE

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ORDER - 3