Federal Deposit Insurance Corporation v. Arch Insurance Company et al

Filing 183

ORDER granting 182 Stipulated Motion for Extension of Time to Complete Discovery. Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 1/20/2018, Expert depositions completed by 2/20/2018; Settlement conference to be held by 2/28/2018, signed by Judge Robert S. Lasnik. (PM)

The Honorable Robert S. Lasnik

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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FEDERAL DEPOSIT INSURANCE
CORPORATION as Receiver for Washington
Mutual Bank,

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Plaintiff,

No. 14-cv-00545-RSL
STIPULATED MOTION AND ORDER
REGARDING DEADLINES FOR
EXPERT DISCOVERY

v.
ARCH INSURANCE COMPANY,
NATIONAL UNION FIRE INSURANCE
COMPANY OF PITTSBURGH, PA, and
LLOYD’S SYNDICATE NOS. 2987, 2000
and 382 and WUERTTEMBERGISCHE
VERSICHERUNG A.G. 202388900007 as
subscribers to the LLOYD’S POLICY and the
COMPANIES INSURANCE POLICY NO.
509/QA015607,

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Defendant.

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STIPULATION

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The Parties to this action, by and through their undersigned counsel, request that the
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Court modify the Amended Order Setting Trial Date and Related Dates (dkt #149) to adjust the
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dates for expert disclosures and expert depositions. This motion will not change the current
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deadlines for dispositive motions or the trial date. Expert reports are currently due December
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6, 2017, with discovery set to close February 4, 2018. The parties believe their expert reports
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should take into account the full scope of fact discovery. The parties have conducted a number
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STIPULATED MOTION AND ORDER REGARDING DEADLINES FOR
EXPERT DISCOVERY
(14-cv-00545-RSL) - 1
4833-9390-1393v.1 0093708-000024

Davis Wright Tremaine LLP
L AW O F FI CE S
1300 SW Fifth Avenue, Suite 2400
Portland, OR 97201-5610
503.241.2300 main · 503.778.5299 fax

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of depositions and are working to schedule the remaining fact depositions of witnesses spread

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throughout the country. Accordingly, the Parties request that the deadline for expert reports be

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moved to January 20, 2018 and that depositions of experts be completed by February 20, 2018.

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In addition, the Parties request that the deadline for the settlement conference be extended by

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ten days, from February 18, 2018, to February 28, 2018. This short extension will allow the

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Parties to have the benefit of the expert depositions prior to the settlement conference.

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If granted, this Motion would make the following indicated changes to the Court’s prior
case schedule:
TRIAL DATE

June 4, 2018

Reports from expert witnesses under FRCP 26(a)(2) due

December 6, 2017

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January 20, 2018

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All motions related to discovery must be noted on the motion
calendar no later than the Friday before discovery closes
pursuant to LCR 7(d) or LCR 37(a)(2)
Fact Discovery completed by

February 4, 2018

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Expert depositions completed by

February 20, 2018

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Settlement conference held no later than

February 1828, 2018

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All dispositive motions must be filed by and noted on the motion
calendar no later than the fourth Friday thereafter (see LCR
7(d)(3))

March 6, 2018

All motions in limine must be filed by and noted on the motion
calendar no earlier than the second Friday thereafter.

May 7, 2018

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Replies will be accepted.
Agreed pretrial order due

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Pretrial conference to be scheduled by the Court

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

May 23, 2018

May 30, 2018

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STIPULATED MOTION AND ORDER REGARDING DEADLINES FOR
EXPERT DISCOVERY
(14-cv-00545-RSL) - 2
4833-9390-1393v.1 0093708-000024

Davis Wright Tremaine LLP
L AW O F FI CE S
1300 SW Fifth Avenue, Suite 2400
Portland, OR 97201-5610
503.241.2300 main · 503.778.5299 fax

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Length of Trial: 10-15 days

Jury

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IT IS SO STIPULATED.
RESPECTFULLY SUBMITTED this 16th day of October, 2017.
DAVIS WRIGHT TREMAINE LLP

SEDGWICK LLP

By
s/Everett W. Jack, Jr.
Everett W. Jack, Jr., WSBA No. 06298
Attorneys for Defendant National Union Fire
Insurance Company of Pittsburgh, PA

By
s/Robert A. Meyers
Robert A. Meyers, WSBA No. 24846
Eugene V. Elsbree III
Attorneys for Defendants Certain Underwriters at
Lloyd’s, London and Wurttembergische
Versicherung A.G.

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HILLIS CLARK MARTIN & PETERSON P.S.

REED SMITH LLP

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By
s/Michael R. Scott
Michael R. Scott, WSBA #12822
Jake Ewart, WSBA #38655
Attorneys for Plaintiff Federal Deposit
Insurance Corporation

By
s/Barry S. Rosen
Barry S. Rosen
Duane F. Sigelko
Denise M. Ware
Attorneys for Plaintiff Federal Deposit
Insurance Corporation

CLYDE & CO US LLP

BETTS PATTERSON & MINES

By
s/Alec H. Boyd
Alec H. Boyd
Kim W. West
Attorneys for Defendant Arch Insurance
Company

By

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s/ Herbert Matthew Munson
Herbert Matthew Munson
Attorneys for Defendant Arch Insurance
Company

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IT IS SO ORDERED.
DATED this 17th day of October, 2017.

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A
Robert S. Lasnik

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United States District Judge 

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STIPULATED MOTION AND ORDER REGARDING DEADLINES FOR
EXPERT DISCOVERY
(14-cv-00545-RSL) - 3
4833-9390-1393v.1 0093708-000024

Davis Wright Tremaine LLP
L AW O F FI CE S
1300 SW Fifth Avenue, Suite 2400
Portland, OR 97201-5610
503.241.2300 main · 503.778.5299 fax