Equal Employment Opportunity Commission v. FRY'S ELECTRONICS, INC.

Filing 86

STIPULATED MOTION AND ORDER OF CONTINUANCE OF TRIAL AND RELATED PRE-TRIAL DEADLINES by Judge Robert S. Lasnik; Jury Trial is set for 6/4/2012 before Judge Robert S. Lasnik. A revised Minute Order Setting Trial and Related Dates shall be issued by the Clerk of the Court. (TF)

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THE HONORABLE ROBERT S. LASNIK

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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EQUAL EMPLOYMENT OPPORTUNITY
COMMISION, et al.,

No. CV 10-1562 RSL

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Plaintiffs,
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v.

STIPULATED MOTION AND ORDER
OF CONTINUANCE OF TRIAL AND
RELATED PRE-TRIAL DEADLINES

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FRY'S ELECTRONICS, INC.,
Note on Motion Calendar: July 28, 2011

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Defendant.
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STIPULATED MOTION AND ORDER OF CONTINUANCE OF
TRIAL AND RELATED PRE-TRIAL DEADLINES (Cause No. CV
10-1562 RSL)
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THE BLANKENSHIP LAW FIRM, P.S.
1201 Third Avenue, Suite 2880
Seattle, Washington 98101
[phone]

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STIPULATION

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The parties stipulate and move this Court for an order continuing the trial and related

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pre-trial deadlines previously set in this matter for the good cause set forth below. This case

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is complex and involves four separate parties and three separate legal teams, including the

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Equal Employment Opportunity Commission (EEOC) who initiated this action. Counsel for

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all parties are located in Seattle, while several of the witnesses are located in Arizona, Nevada,

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and California.

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The parties believe that a continuance will foster cooperation and potentially result in

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an early resolution prior to exhausting extensive resources required to file dispositive motions.

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Thus, the parties respectfully request this Court to continue the trial until June 4, 2012, and to

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revise the pre-trial dates for deadlines that have not yet passed in this case, in the Court’s

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Scheduling Order.

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The discovery cutoff in this matter is presently set for September 11, 2011. See Dkt.

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23. Due to unique procedural issues in this case, the parties have spent much of the elapsed

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time since the lawsuit was filed litigating the issue of which parties are proper parties to the

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above-captioned action. The parties have also spent significant time attempting to

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cooperatively resolve discovery disputes. Additionally, the depositions that have been noted

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in this case span at least three states and therefore require additional time for travel. Only one

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deposition has been conducted so far, outside of the limited discovery conducted on the issue

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of whether Mr. Lam signed the arbitration agreement. .

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The parties further intend to hold a mediation after conducting certain key depositions
and discovery and hope to resolve the case prior to dispositive motions.
This Court has authority under CR 16.1(m)(2) to modify the deadlines of its

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Scheduling Order. In light of the above-stated issues, the parties request the Court to modify

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its Scheduling Order and set trial to begin on June 4, 2012, thereby also modifying the pretrial

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STIPULATED MOTION AND ORDER OF CONTINUANCE OF
TRIAL AND RELATED PRE-TRIAL DEADLINES (Cause No. CV
10-1562 RSL)
Page 1

THE BLANKENSHIP LAW FIRM, P.S.
1201 Third Avenue, Suite 2880
Seattle, Washington 98101
[phone]

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deadlines that have not yet elapsed. The parties also respectfully request a revised Minute

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Order Setting Trial Dates and Related Dates.

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IT IS SO STIPULATED.
Respectfully submitted this 28th day of July, 2011.

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By: /s/ Cristin Kent
By: /s/ Scott C. G. Blankenship
Patricia A. Eakes, WSBA # 18888
Scott C.G. Blankenship WSBA #21431
Cristin Kent, WSBA # 39224
Elizabeth Hanley DeLong WSBA#38233
Yarmuth Wilsdon Calfo, PLLC
The Blankenship Law Firm, P.S.
818 Stewart St., Suite 1400
1201 Third Avenue, Suite 2880
Seattle, WA 98101
Seattle, WA 98101
Phone: [phone]
Phone: [phone]
Fax: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Defendants
Attorneys for Intervenor-Plaintiff

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By: /s/ Molly Powell
John Freeman Stanley, Esq.
Molly Powell, Esq.
May R Che, Esq.
EEOC - Seattle District Office
909 First Avenue, Suite 400
Seattle, Washington 98104
Phone: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiff EEOC

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STIPULATED MOTION AND ORDER OF CONTINUANCE OF
TRIAL AND RELATED PRE-TRIAL DEADLINES (Cause No. CV
10-1562 RSL)
Page 2

THE BLANKENSHIP LAW FIRM, P.S.
1201 Third Avenue, Suite 2880
Seattle, Washington 98101
[phone]

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II.

ORDER CONTINUING TRIAL

This matter came regularly before the Court through the stipulation filed by the parties
above. The Court, having considered the stipulation and being otherwise apprised of the facts
set forth in the stipulation finds good cause for a continuance and HEREBY ORDERS as
follows:
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Trial in this matter is continued until June 4, 2012.

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A revised Minute Order Setting Trial and Related Dates shall be issued by the

Clerk of the Court.

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DONE IN OPEN COURT this 29th day of July, 2011.

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A S. LASNIK
THE HONORABLE ROBERT

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UNITED STATES DISTRICT JUDGE

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STIPULATED MOTION AND ORDER OF CONTINUANCE OF
TRIAL AND RELATED PRE-TRIAL DEADLINES (Cause No. CV
10-1562 RSL)
Page 3

THE BLANKENSHIP LAW FIRM, P.S.
1201 Third Avenue, Suite 2880
Seattle, Washington 98101
[phone]