USA, et al v. State of Washington, et al

Filing 21584

ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT by Judge Ricardo S Martinez. Joint Status Report due by 10/24/2017, FRCP 26f Conference Deadline is 10/10/2017, Initial Disclosure Deadline is 10/17/2017. (In re: 17-sp-3, Dkt. 5)(SWT)

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Case 2:17-sp-00003-RSM Document 5 Filed 09/12/17 Page 1 of 5 1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 6 7 STILLAGUAMISH TRIBE OF INDIANS, 8 9 10 11 12 Petitioner (s), v. STATE OF WASHINGTON, CASE NO. 2:17−sp−00003−RSM ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT, AND EARLY SETTLEMENT Respondent (s). 13 I. INITIAL SCHEDULING DATES 14 The Court sets the following dates for initial disclosure and submission of the 15 Joint Status Report and Discovery Plan: 16 Deadline for FRCP 26(f) Conference: 10/10/2017 17 Initial Disclosures Pursuant to FRCP 26(a)(1): 10/17/2017 18 Combined Joint Status Report and Discovery Plan as Required by FRCP 26(f) and Local Civil Rule 26(f): 10/24/2017 19 20 The deadlines above may be extended only by the Court. Any request for an 21 extension should be made by telephone to Lowell Williams or Laurie Cuaresma, 22 Courtroom Deputy, at (206) 370−8521. If Defendants have appeared, the parties are 23 directed to meet and to confer before contacting the Court to request an extension. 24 If this case involves claims which are exempt from the requirements of 25 FRCP 26(a) and 26(f), please notify Lowell Williams or Laurie Cuaresma, Courtroom 26 Deputy, by telephone at (206) 370−8521. ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT, AND EARLY SETTLEMENT − 1 Case 2:17-sp-00003-RSM Document 5 Filed 09/12/17 Page 2 of 5 1 II. JOINT STATUS REPORT & DISCOVERY PLAN 2 All counsel and any pro se parties are directed to confer and provide the Court 3 with a combined Joint Status Report and Discovery Plan (the "Report") by 4 October 24, 2017. This conference shall be by direct and personal communication, whether 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 that be a face−to−face meeting or a telephonic conference. The Report will be used in setting a schedule for the prompt completion of the case. It must contain the following information by corresponding paragraph numbers: 1. A statement of the nature and complexity of the case. 2. A proposed deadline for the joining of additional parties. 3. The parties have the right to consent to assignment of this case to a full time United States Magistrate Judge, pursuant to 28 U.S.C. §636(c) and Local Rule MJR 13, to conduct all proceedings. The Western District of Washington assigns a wide range of cases to Magistrate Judges. The Magistrate Judges of this district thus have significant experience in all types of civil matters filed in our court. Additional information about our district's Magistrate Judges can be found at The parties should indicate whether they agree that the Honorable Brian A. Tsuchida may conduct all proceedings, including trial and the entry of judgment. When responding to this question, the parties should only respond "yes" or "no." Individual party responses should not be provided. A "yes" response should be indicated only if all parties consent. Otherwise, a "no" response should be provided. 4. A discovery plan that states, by corresponding paragraph letters (A, B, etc.), the parties' views and proposals on all items in Fed. R. Civ. P. 26(f)(3), which includes the following topics: (A) initial disclosures; (B) subjects, timing, and potential phasing of discovery; (C) electronically stored information; ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT, AND EARLY SETTLEMENT − 2 Case 2:17-sp-00003-RSM Document 5 Filed 09/12/17 Page 3 of 5 1 (D) privilege issues; 2 (E) proposed limitations on discovery; and 3 (F) the need for any discovery related orders. 4 5. The parties' views, proposals, and agreements, by corresponding paragraph 5 letters (A, B, etc.), on all items set forth in Local Civil Rule 26(f)(1), which includes 6 the following topics: 7 (A) prompt case resolution; 8 (B) alternative dispute resolution; 9 (C) related cases; 10 (D) discovery management; 11 (E) anticipated discovery sought; 12 (F) phasing of motions; 13 (G) preservation of discoverable information; 14 (H) privilege issues; 15 (I) Model Protocol for Discovery of ESI; and; 16 (J) alternatives to Model Protocol. 17 6. The date by which discovery can be completed. 18 7. Whether the case should be bifurcated by trying the liability issues before 19 20 the damages issues, or bifurcated in any other way. 8. Whether the pretrial statements and pretrial order called for by Local Civil 21 Rules 16(e), (h), (i), and (k), and 16.1 should be dispensed with in whole or in part 22 for the sake of economy. 23 9. Any other suggestions for shortening or simplifying the case. 24 10. The date the case will be ready for trial. The Court expects that most civil 25 cases will be ready for trial within a year after filing the Joint Status Report and 26 Discovery Plan. ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT, AND EARLY SETTLEMENT − 3 Case 2:17-sp-00003-RSM Document 5 Filed 09/12/17 Page 4 of 5 1 11. Whether the trial will be jury or non−jury. 2 12. The number of trial days required. 3 13. The names, addresses, and telephone numbers of all trial counsel. 4 14. The dates on which the trial counsel may have complications to be 5 6 considered in setting a trial date. 15. If, on the due date of the Report, all defendant(s) or respondents(s) have not 7 been served, counsel for the plaintiff shall advise the Court when service will be 8 effected, why it was not made earlier, and shall provide a proposed schedule for the 9 required FRCP 26(f) conference and FRCP 26(a) initial disclosures. 10 11 12 13 16. Whether any party wishes a scheduling conference before the Court enters a scheduling order in the case. 17. List the date(s) that each and every non−governmental corporate party filed its disclosure statement pursuant to Fed. R. Civ. P. 7.1 and Local Rule 7.1. 14 If the parties are unable to agree to any part of the Report, they may answer in 15 separate paragraphs. No separate reports are to be filed. If the parties wish to have a 16 status conference with the Court at any time during the pendency of this action, they 17 should notify Lowell Williams or Laurie Cuaresma by telephone at (206) 370−8521. 18 III. PLAINTIFF'S RESPONSIBILITY 19 This Order is issued at the outset of the case, and a copy is sent by the clerk to 20 counsel for plaintiff (or plaintiff, if pro se) and any defendants who have appeared. 21 Plaintiff's counsel (or plaintiff, if pro se) is directed to serve copies of this Order on all 22 parties who appear after this Order is filed. Such service shall be accomplished 23 within ten (10) days after each appearance. Plaintiff's counsel (or plaintiff, if pro se) 24 will be responsible for starting the communications needed to comply with this Order. 25 26 IV. ALTERATIONS TO ELECTRONIC FILING PROCEDURES Beginning June 1, 2004, counsel are required to electronically file all documents ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT, AND EARLY SETTLEMENT − 4 Case 2:17-sp-00003-RSM Document 5 Filed 09/12/17 Page 5 of 5 1 with the Court. Pro se litigants may file either electronically or in paper form. 2 Information and procedures for electronic filing can be found on the website for the 3 Western District of Washington at The following alterations to 4 the Electronic Filing Procedures apply in all cases pending before Judge Martinez: 5 1. Section III, Paragraph F: when the aggregate submittal to the Court (i.e., 6 the motion, any declarations and exhibits, the proposed Order, and the certificate of 7 service) exceeds fifty (50) pages in length, a paper copy of the documents (with tabs 8 or other organizing aids as appropriate) shall be delivered to the Clerk's Office for 9 chambers, in addition to electronically filing the document. The chambers copy must be 10 clearly marked as a "Courtesy Copy of Electronic Filing for Chambers." 11 2. In addition, unless the proposed Order is stipulated, agreed, or otherwise 12 unopposed, the parties need not e−mail a copy of the proposed Order to the judge's 13 e−mail address. 14 V. EARLY SETTLEMENT CONSIDERATION AND NOTIFICATION 15 If settlement is achieved, counsel shall immediately notify Lowell Williams or 16 17 18 19 Laurie Cuaresma, Courtroom Deputy, at (206) 370−8521. The parties are responsible for complying with the terms of this Order. The Court may impose sanctions on any party who fails to comply fully with this Order. DATED: The 12th of September 2017 20 21 22 23 Honorable Ricardo S. Martinez United States District Judge 24 25 26 ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT, AND EARLY SETTLEMENT − 5

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