Mohamed v. Trident Seafoods Corporation et al

Filing 10

ORDER denying 9 Stipulated Motion to Amend Case Schedule, without prejudice to submit an amended request; signed by Judge Marsha J. Pechman.(SC)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 v. ALI MOHAMED,

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE

Plaintiff(s),

NO. C09-1353MJP ORDER ON MOTION TO AMEND SCHEDULING ORDER

TRIDENT SEAFOODS CORPORATION, et al., Defendant(s).

The above-entitled Court, having received and reviewed a Stipulated Motion to Amend Scheduling Order Regarding Disclosure of Expert Testimony and Completion of Discovery (Dkt. No. 9), and all attached declarations and exhibits, makes the following ruling: IT IS ORDERED that the motion is DENIED without prejudice to re-submit the request after addressing the concerns expressed below. The parties claim, in the Stipulation which accompanies their proposed motion, that the "amended briefing schedule would make the noting date [for dispositive motions] 7/27/10. . ." Id., p. 3. In fact, the proposed schedule submitted the parties contains the following description referring to the 7/27/10 date: "All dispositive motions must be filed by and noted on the motion calendar not later than the fourth Friday thereafter. . ." (id., p. 2.; emphasis supplied). This means the motions would actually note on August 20, 2010,1 which the Court does not find an acceptable amount of time prior to trial.

The amended 7/27/10 dispositive motions filing date also contains a parenthetical declaration that "(All dispositive motions shall be noted on the motion calendar no later than the third Friday thereafter)" (id., p. 2; emphasis supplied), which is a misstatement of the filing timeline as set out in CR7(d).
ORDER ON MTN TO AMEND CASE SCHED - 1

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If the parties wish to submit a revised stipulation which creates a noting date for dispositive motions which is prior to or on July 23, 2010 (i.e., a filing deadline prior to June 25, 2010), the Court will reconsider the request. The clerk is ordered to provide copies of this order to all counsel. Dated: March 18, 2010

A
Marsha J. Pechman U.S. District Judge

ORDER ON MTN TO AMEND CASE SCHED - 2