Outsen v. Columbia Athletic Clubs, LLC et al

Filing 30

ORDER granting 26 Stipulated Motion to extend certain case schedule deadlines. Jury Trial is CONTINUED TO 8/24/2015 at 09:00 AM before Judge Marsha J. Pechman. Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 1/24/2015, Motions du e by 2/24/2015, Discovery completed by 3/23/2015, Dispositive motions due by 4/23/2015, Motions in Limine due by 7/17/2015, Pretrial Order due by 8/10/2015, Pretrial Conference set for 8/14/2015 at 03:30 PM before Judge Marsha J. Pechman. Trial briefs to be submitted by 8/10/2015, Proposed voir dire/jury instructions due by 8/10/2015, by Judge Marsha J. Pechman.(MD)

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THE HONORABLE MARSHA J. PECHMAN

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U.S. DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON

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NO. 2:14–cv–00625–MJP

STEPHANIE OUTSEN,
Plaintiff,
v.
COLUMBIA ATHLETIC CLUBS, LLC, a
Washington limited liability corporation; H.
CYRUS OSKOUI, individually and the
marital community comprised thereof;

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STIPULATION AND ORDER
EXTENDING CERTAIN CASE
SCHEDULE DEADLINES
NOTE ON MOTION CALENDAR:
January 16, 2015

Defendants.

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The parties to this action, by and through their respective counsel of record, submit

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this Stipulated Motion and request that the Court extend the case deadlines as detailed below

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for the following reasons:

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1.

Defendants did not produce the relevant timecards and other payroll records

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relating to the hours Plaintiff worked in this wrongful termination and wage and hour case.
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Plaintiff did not know the particular records existed so that she could move to compel them

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prior to the Expert Report Deadline of November 24, 2014. Declaration of Stephanie Outsen

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(“Outsen Decl.”), ¶ 3. The parties believe prejudice to Plaintiff would be ameliorated if the

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Court would enter an order continuing the Expert Report Deadline for Plaintiff of November

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24, 2014 to January 24, 2015.

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STIPULATION AND [PROPOSED] ORDER EXTENDING CERTAIN
CASE SCHEDULE DEADLINES
CASE NO. 2:14-cv-00625 MJP
Page 1 of 7

The Hanley Law Firm, PLLC
1411 Fourth Avenue, Suite 1101
Seattle, WA 98101
Ph: 206-466-2334 fax: [phone]
[e-mail]

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2.

Plaintiff has been working with her expert to calculate alleged damages based

on timecards and other discovery relating to the hours Plaintiff worked, but the process is
taking longer than expected. The parties have agreed that Plaintiff will produce her expert’s

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report on January 24, 2015. The parties intend to engage in settlement discussions once the
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both parties have exchanged expert reports.
3.

Plaintiff and lead counsel for Plaintiff, Ms. Hanley, are unavailable for the

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deposition of Plaintiff prior to the discovery deadline of January 24, 2015. Lead Plaintiff’s

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counsel is taking depositions in another case out of state during part of the week of January

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19, 2015 and in Seattle during the latter half of the week. Plaintiff is undergoing a medical
procedure that will make her unavailable for a deposition at least from January 15, 2015

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through January 20, 2015, but may be unable to sit for a deposition for several additional
days. Outsen Decl., ¶ 2. Lead Plaintiff’s counsel, Elizabeth Hanley filed Notices of

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Unavailability with the Court for November 20, 2014 to December 2, 2014 and December 24,

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2014 to January 8, 2015. Declaration of Elizabeth Hanley, ¶ 3. Plaintiff’s counsel filed the

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notices in advance of her unavailability and was out of state during both periods of time on

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personal family matters. Id. Plaintiff has offered the date of February 4, 2015 for Plaintiff’s

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deposition, and requested the dates of February 5th and 20th for other depositions in this case.

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4.

Defense counsel Angela Vogel is no longer with the firm of Gordon & Rees,

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and David Silke is now lead defense counsel. Prior to taking over this case, Mr. Silke was

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booked to be out of the country on a trip with his family from June 23 through July 17, 2015,

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which conflicts with the set trial date of June 22, 2015. Declaration of David Silke, ¶ 2.

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In order to allow sufficient time for expert discovery and to avoid motion practice that
may be unnecessary in the event of settlement, the parties agree it is appropriate for the Court

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STIPULATION AND [PROPOSED] ORDER EXTENDING CERTAIN
CASE SCHEDULE DEADLINES
CASE NO. 2:14-cv-00625 MJP
Page 2 of 7

The Hanley Law Firm, PLLC
1411 Fourth Avenue, Suite 1101
Seattle, WA 98101
Ph: 206-466-2334 fax: [phone]
[e-mail]

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to extend each date following the deadline for reports from expert witness in the Order Setting

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Trial Date & Related Dates entered on July 10, 2014 (Dkt. No. 14), including the deadline for

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filing motions relating to discovery, discovery completion deadline, dispositive motion

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deadline, and other deadlines, including the trial date in this case, by two additional months.
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The parties agree and stipulate as follows:
I. STIPULATION

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The Court should extend the case schedule deadlines and dates in the Order Setting
Trial Date & Related Dates (Dkt. No. 14) as follows:
EVENT

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CURRENT
DEADLINE
(Dkt. No. 14)

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Reports from expert witness under FRCP
26(a)(2) due
All motions related to discovery must be
filed by and noted on the motion calendar
on the third Friday thereafter (see CR7(d))

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Discovery completed by

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All dispositive motions must be filed by
and noted on the motion calendar on the
February 23, 2015
fourth Friday thereafter (see CR7(d))
All motions in limine must be filed by and
noted on the motion calendar no earlier
than the third Friday thereafter and no later May 18, 2015
than the Friday before the pretrial
conference.

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PROPOSED
DEADLINE

November 24, 2014

January 24, 2015

December 24, 2014

February 24, 2015

January 23, 2015

March 23, 2015
April 23, 2015

July 17, 2015

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Agreed pretrial order due

June 10, 2015

August 10, 2015

Trial briefs, proposed voir dire questions,
and proposed jury instructions

June 10, 2015

August 10, 2015

Pretrial conference

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June 12, 2015 at
02:30 PM

August 12, 2015 at
02:30 PM

JURY TRIAL DATE

June 22, 2015

August 24, 2015

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STIPULATION AND [PROPOSED] ORDER EXTENDING CERTAIN
CASE SCHEDULE DEADLINES
CASE NO. 2:14-cv-00625 MJP
Page 3 of 7

The Hanley Law Firm, PLLC
1411 Fourth Avenue, Suite 1101
Seattle, WA 98101
Ph: 206-466-2334 fax: [phone]
[e-mail]

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IT IS SO STIPULATED.

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RESPECTFULLY SUBMITTED AND DATED this 16th day of January, 2015.
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THE HANLEY LAW FIRM, PLLC

LAW OFFICE OF JOY M.
LOCKERBY, PLLC

By: s/ Elizabeth A. Hanley
Elizabeth Hanley, WSBA # 38233
1411 Fourth Ave., Ste. 1101
Seattle, WA 98101
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
Attorney for Plaintiff

By: s/ Joy Lockerby
Joy Lockerby, WSBA # 44343
1100 Dexter Ave. N., Ste. 100
P.O. Box 19444
Seattle, WA 98109
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
Attorney for Plaintiff

GORDON & REES LLP

GORDON & REES LLP

By: s/ Brittany F. Stevens
Brittany F. Stevens, WSBA #44822
701 5th Avenue, Suite 2100
Seattle, WA 98104
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
Attorney for Defendants

By: s/ David W. Silke
David W. Silke, WSBA #23761
701 5th Avenue, Suite 2100
Seattle, WA 98104
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
Attorney for Defendants

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STIPULATION AND [PROPOSED] ORDER EXTENDING CERTAIN
CASE SCHEDULE DEADLINES
CASE NO. 2:14-cv-00625 MJP
Page 4 of 7

The Hanley Law Firm, PLLC
1411 Fourth Avenue, Suite 1101
Seattle, WA 98101
Ph: 206-466-2334 fax: [phone]
[e-mail]

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II. ORDER
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IT IS HEREBY ORDERED that the following deadlines and dates set forth in the
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Order Setting Trial Date & Related Dates (Dkt. No. 14) as follows are vacated and replaced
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with the following schedule:
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EVENT

Reports from expert witness under FRCP
26(a)(2) due
All motions related to discovery must be
filed by and noted on the motion calendar
on the third Friday thereafter (see CR7(d))
Discovery completed by

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CURRENT
DEADLINE
(Dkt. No. 14)

PROPOSED
DEADLINE

November 24, 2014

January 24, 2015

December 24, 2014

February 24, 2015

January 23, 2015

March 23, 2015

All dispositive motions must be filed by
and noted on the motion calendar on the
February 23, 2015
fourth Friday thereafter (see CR7(d))
All motions in limine must be filed by and
noted on the motion calendar no earlier
than the third Friday thereafter and no later May 18, 2015
than the Friday before the pretrial
conference.

April 23, 2015

July 17, 2015

Agreed pretrial order due

June 10, 2015

August 10, 2015

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Trial briefs, proposed voir dire questions,
and proposed jury instructions

June 10, 2015

August 10, 2015

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Pretrial conference

June 12, 2015 at
02:30 PM

August 14, 2015 at
03:30 PM

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JURY TRIAL DATE

June 22, 2015

August 24, 2015

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IT IS SO ORDERED.
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Dated this 15th of January, 2015.
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A

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Marsha J. Pechman
United States District Judge

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STIPULATION AND [PROPOSED] ORDER EXTENDING CERTAIN
CASE SCHEDULE DEADLINES
CASE NO. 2:14-cv-00625 MJP
Page 5 of 7

The Hanley Law Firm, PLLC
1411 Fourth Avenue, Suite 1101
Seattle, WA 98101
Ph: 206-466-2334 fax: [phone]
[e-mail]

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Presented by:
THE HANLEY LAW FIRM, PLLC

LAW OFFICE OF JOY M.
LOCKERBY, PLLC

By: s/ Elizabeth A. Hanley
Elizabeth Hanley, WSBA # 38233
1411 Fourth Ave., Ste. 1101
Seattle, WA 98101
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
Attorney for Plaintiff

By: s/ Joy Lockerby
Joy Lockerby, WSBA # 44343
1100 Dexter Ave. N., Ste. 100
P.O. Box 19444
Seattle, WA 98109
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
Attorney for Plaintiff

GORDON & REES LLP

GORDON & REES LLP

By: s/ Brittany F. Stevens
Brittany F. Stevens, WSBA #44822
701 5th Avenue, Suite 2100
Seattle, WA 98104
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
Attorney for Defendants

By: s/ David W. Silke
David W. Silke, WSBA #23761
701 5th Avenue, Suite 2100
Seattle, WA 98104
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
Attorney for Defendants

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STIPULATION AND [PROPOSED] ORDER EXTENDING CERTAIN
CASE SCHEDULE DEADLINES
CASE NO. 2:14-cv-00625 MJP
Page 6 of 7

The Hanley Law Firm, PLLC
1411 Fourth Avenue, Suite 1101
Seattle, WA 98101
Ph: 206-466-2334 fax: [phone]
[e-mail]

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DECLARATION OF SERVICE

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I, Jason Proctor, certify and declare that I am now and at all times herein mentioned

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was a citizen of the United States and resident of the State of Washington, over the age of

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eighteen years, not a party to the above-entitled action, and am competent to testify as a

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witness. I am a Paralegal employed with The Hanley Law Firm, PLLC, 1411 Fourth Avenue,

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Suite 1101, Seattle, Washington 98101-2243. On January 14, 2015 I served the within
document(s):
Stipulation & [PROPOSED] Order Extending Certain Case Schedule Deadlines

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Attorneys for Defendants
Brittany F. Stevens, WSBA #44822
David W. Silke, WSBA #23761
Gordon & Rees LLP
701 Fifth Avenue, Suite 2100
Seattle, WA 98104
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]
[e-mail]

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Via
Via
Via
Via
Via

Legal Messenger
Facsimile
Electronic Mail
U.S. Mail
CM/ECF system

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The foregoing statement is made under the penalty of perjury under the laws of the
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United States of America and the State of Washington and is true and correct.

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Dated this 14th day of January, 2015.
THE HANLEY LAW FIRM, PLLC

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By: _____________________________
Jason Proctor, CRP
The Hanley Law Firm, PLLC
1411 Fourth Ave., Ste. 1101
Seattle, WA 98101
Tel. [phone]
Fax [phone]
Email: [e-mail]

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STIPULATION AND [PROPOSED] ORDER EXTENDING CERTAIN
CASE SCHEDULE DEADLINES
CASE NO. 2:14-cv-00625 MJP
Page 7 of 7

The Hanley Law Firm, PLLC
1411 Fourth Avenue, Suite 1101
Seattle, WA 98101
Ph: 206-466-2334 fax: [phone]
[e-mail]