The Federal Deposit Insurance Corporation, et al v. Killinger et al

Filing 60

SCHEDULING ORDER SETTING TRIAL DATE AND RELATED DATES: Length of Trial 8 weeks; Jury Trial is set for 9/16/2013 at 09:00 AM before Judge Marsha J. Pechman. Defendants Answers or other responsive pleadings due 7/1/2011; Plaintiffs Oppositions to Motions to Dismiss 8/22/2011; Defendants Replies in support of Motions(s) to Dismiss 9/15/2011; Document production to be substantially completed 12/1/2011; Fact witness depositions begin (other than document custodian depositions, which may be done earlier) 1/9/2012; Last day to join additional parties/amend pleadings 6/1/2012; Close of fact discovery 8/31/2012; Exchange of initial expert reports 11/1/2012; Exchange of rebuttal expert reports 1/15/2013; Close of expert discovery 2/15/2013; Last day to file dispositive motions 3/15/13; Counsel are reminded of the requirement to provide courtesy copies of any motions with exhibits or other attachments exceeding 50 pages. Compliance with this requirement will facilitate timely consideration of your motion. Oppositions to dispositive motions due 4/26/2013; Replies in support of dispositive motions due 5/17/2013; Settlement conference per CR 39.1(c)(2) held no later than 7/1/2013; Mediation per CR 39.1(c)(3) held no later than 8/1/2013; All motions in limine must be filed by and noted on the motion calendar no earlier than the third Friday thereafter and no later than the Friday before the pretrial conference 8/1/2013; Agreed pretrial order due 8/1/2013; Oppositions to motions in limine due 8/22/2013; Pretrial conference 8/30/2013 at 1:30 PM; Trial briefs, proposed voir dire questions, proposed jury instructions, and trial exhibits due 9/4/2013; by Judge Marsha J. Pechman. (MD)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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THE FEDERAL DEPOSIT INSURANCE
CORPORATION, as RECEIVER of
WASHINGTON MUTUAL BANK.,

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Plaintiff,

Case No. C11-459MJP
SCHEDULING ORDER SETTING
TRIAL DATE & RELATED DATES

v.
KERRY K. KILLINGER, STEPHEN J.
ROTELLA, DAVID C. SCHNEIDER, LINDA
C. KILLINGER, and ESTHER T. ROTELLA,
Defendants.

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JURY TRIAL DATE

9/16/2013 at 9:00 AM

Defendants’ Answers or other responsive pleadings due

7/1/2011

Plaintiff’s Oppositions to Motions to Dismiss

8/22/2011

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Defendants’ Replies in support of Motions(s) to Dismiss

9/15/2011

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Document production to be substantially completed

12/1/2011
1/9/2012

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Fact witness depositions begin (other than document custodian depositions,
which may be done earlier)

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Last day to join additional parties/amend pleadings

6/1/2012

Close of fact discovery

8/31/2012

Exchange of initial expert reports

11/1/2012

Exchange of rebuttal expert reports

1/15/2013

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SCHEDULING ORDER SETTING
TRIAL AND RELATED DATES - 1

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Close of expert discovery

2/15/2013

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Last day to file dispositive motions

3/15/2013

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Counsel are reminded of the requirement to provide courtesy copies of
any motions with exhibits or other attachments exceeding 50 pages.
Compliance with this requirement will facilitate timely consideration of
your motion.

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Oppositions to dispositive motions due

4/26/2013

Replies in support of dispositive motions due

5/17/2013

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Settlement conference per CR 39.1(c)(2) held no later than

7/1/2013

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Mediation per CR 39.1(c)(3) held no later than

8/1/2013

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All motions in limine must be filed by
and noted on the motion calendar no earlier than the third Friday
thereafter and no later than the Friday before the pretrial conference

8/1/2013

Agreed pretrial order due

8/1/2013

Oppositions to motions in limine due

8/22/2013

Pretrial conference

8/30/2013 at 1:30 PM

Trial briefs, proposed voir dire questions, proposed
jury instructions, and trial exhibits due

9/4/2013

Length of Trial:

8 week

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These dates are set at the direction of the Court after reviewing the joint status report and

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discovery plan submitted by the parties. The parties should note that the Court has shortened the

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times requested for briefing on dispositive motions. This is necessary to permit the Court

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adequate time prior to trial to decide any such dispositive motions. All other dates are specified

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in the Local Civil Rules. If any of the dates identified in this Order or the Local Civil Rules fall

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on a weekend or federal holiday, the act or event shall be performed on the next business day.

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These are firm dates that can be changed only by order of the Court, not by agreement of counsel

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or the parties. The Court will alter these dates only upon good cause shown: failure to complete

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discovery within the time allowed is not recognized as good cause.

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If the trial date assigned to this matter creates an irreconcilable conflict, counsel must

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SCHEDULING ORDER SETTING
TRIAL AND RELATED DATES - 2

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notify the Deputy Clerk, Rhonda Miller, in writing within 10 days of the date of this Order and

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must set forth the exact nature of the conflict. A failure to do so will be deemed a waiver.

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Counsel must be prepared to begin trial on the date scheduled, but it should be understood that

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the trial may have to await the completion of other cases.

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COOPERATION:
As required by CR 37(a), all discovery matters are to be resolved by agreement if

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possible. Counsel are further directed to cooperate in preparing the final pretrial order in the

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format required by CR 16.1, except as ordered below.
EXHIBITS:

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The original and one copy of the trial exhibits are to be delivered to chambers five days

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before the trial date. Each exhibit shall be clearly marked. Exhibit tags are available in the

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Clerk’s Office. The Court hereby alters the CR 16.1 procedure for numbering exhibits:

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plaintiff’s exhibits shall be numbered consecutively beginning with 1; defendant’s exhibits shall

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be numbered consecutively beginning with the next number series not used by plaintiff.

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Duplicate documents shall not be listed twice: once a party has identified an exhibit in the

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pretrial order, any party may use it. Each set of exhibits shall be submitted in individual file

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folders with appropriately numbered tabs.

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SETTLEMENT:
Should this case settle, counsel shall notify Rhonda Miller as soon as possible at 206-

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370-8518. Pursuant to GR 3(b), an attorney who fails to give the Deputy Clerk prompt notice of

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settlement may be subject to such discipline as the Court deems appropriate.

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DATED this 26th day of July, 2011.

A
Marsha J. Pechman
United States District Judge

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ORDER SETTING TRIAL DATE & RELATED DATES - 3