Rollins et al v. Traylor Bros Inc et al

Filing 199

ORDER granting in part Defendants' 180 Motion to Continue Trial. Jury Trial is set for 11/27/2017 at 09:30 AM before U.S. District Judge John C Coughenour; 39.1 mediation to be completed by 10/20/2017, Discovery completed by 7/21/2017, Dispositive motions due by 8/21/2017. Signed by U.S. District Judge John C Coughenour. (PM)

THE HONORABLE JOHN C. COUGHENOUR

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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LEONARD ROLLINS, et al.,

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Plaintiffs,

CASE NO. C14-1414-JCC
ORDER

v.

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TRAYLOR BROS INC, et al.,

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Defendants.

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This matter comes before the Court on Defendant’s motion to continue trial (Dkt. No.

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180). Having thoroughly considered the parties’ briefing and the relevant record, the Court finds

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oral argument unnecessary and hereby GRANTS IN PART the motion for the reasons explained

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herein.

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I.

BACKGROUND

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The Court has stated the factual background of this case in prior orders and they will not

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be repeated here. Of relevance, however are (1) the complaint was filed on September 13, 2014,

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(2) there are 20 Plaintiffs, and 19 of them have been deposed, (3) the current discovery deadline

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is June 23, 2017, (4) the current dispositive motion deadline is July 24, 2017, and (5) trial is set

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for October 23, 2017.

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ORDER
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II.

DISCUSSION

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A.

Legal Standard

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Case schedules may be modified for “good cause.” Fed. R. Civ. P. 16(b)(4); Local Civ.

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R. 16(b)(4). “Mere failure to complete discovery within the time allowed does not constitute

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good cause.” Local Civ. R. 16(b)(4). Whether to grant or deny a continuance of trial is at the

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discretion of the Court. Rios-Barrios v. I.N.S., 776 F.2d 859, 862–63 (9th Cir. 1985). When

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considering the propriety of a continuance, a court should consider four factors: (1) the diligence

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in preparing for trial of the party seeking a continuance; (2) the need for a continuance; (3) the

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inconvenience to the opposing party, the witnesses, and the Court; and (4) the hardship a denial

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of a continuance would cause the defendant. United States v. 2.61 Acres of Land, 791 F.2d 666,

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670–71 (9th Cir. 1986).

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B.

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Analysis
1. Diligence in preparing for trial

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The original 40 class members were identified in July 2015. (Dkt. No. 60-1 at 2.)

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Between then and July 2016, 19 of the 20 current Plaintiffs were joined and all remaining claims

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were filed. (Dkt. Nos. 29, 35, 77, 78, and 124.) Plaintiff Hamilton was the last to join in

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September 2016. (Dkt. No. 142.) Defendants moved to stay depositions until the last day to join

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parties; the Court denied that motion. (Dkt. Nos. 108 and 134.) Defendants did not issue written

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discovery to the new Plaintiffs until October 25, 2016. (Dkt. No. 187 at 2.) Depositions did not

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begin until the middle of December 2016. (Id.) Plaintiffs’ assertion of privilege as to healthcare

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records dates back to February 6, 2015. (Dkt. No. 187-1.) Defendants only recently sought

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medical records. (See Dkt. No. 166 at 1.) Finally, Defendants recently issued subpoenas that

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were clearly overbroad, which required a motion to quash, and delayed progression of the

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litigation. (Dkt. Nos. 164 and 196.) The first factor does not weigh in favor of granting a

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continuance.

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ORDER
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2. The need for a continuance

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Defendants claim they have significant amounts of discovery to complete and that

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multiple motions to compel may be needed. (Dkt. No. 180 at 4–8.) While this may be true, 19 of

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the 20 Plaintiffs have already been deposed. Defendants have also indicated that they plan to file

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multiple summary judgment motions.1 (Id. at 2.) Finally, Defendants maintain they need more

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time to explore settlement with each individual Plaintiff. (Id.) Trial is currently set for over three

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years from the date of the initial complaint. The second factor weighs in favor of a continuance

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only to the extent that it will facilitate the completion of discovery and settlement discussions.

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3. Inconvenience to opposing parties, witnesses, and the Court

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The first Equal Employment Opportunity Commission (EEOC) complaint was filed over

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six years ago. (Dkt. No. 186 at 1.) Plaintiffs brought suit in 2014. (Dkt. No. 1.) This case has

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carried on long enough and both Plaintiffs and Defendants deserve a timely resolution. This

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factor does not weigh in favor of a continuance.

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4. Hardship to Defendants

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Defendants have had ample time to prepare this case for trial. Most of the hardship to

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Defendants in denying a continuance is attributable to a lack of diligence. This factor does not

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weigh in favor of a continuance.

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III.

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CONCLUSION
On the whole, the factors identified in 2.61 Acres of Land do not warrant a continuance in

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this case. However, in the interest of completing discovery and facilitating potential settlement

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negotiations, the Court finds good cause to continue trial, although not to February 20, 2018, as

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requested by Defendants. For the foregoing reasons, Defendants’ motion to continue trial (Dkt.

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The Court would remind the parties that discovery motions are disfavored and encourages the
parties to work any discovery issues out amongst themselves. Further, should a motion for
summary judgment be necessary, the Court encourages the parties to request additional pages
and submit an omnibus motion, as opposed to multiple, separate motions.

ORDER
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No. 180) is GRANTED IN PART. Trial is continued from October 23, 2017 to November 27,

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2017. The discovery cutoff is changed from June 23, 2017 to July 21, 2017. The dispositive

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motion filing deadline is changed from July 24, 2017 to August 21, 2017. The Court sets a

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mediation deadline of October 20, 2017.

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DATED this 19th day of May, 2017.

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A

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John C. Coughenour
UNITED STATES DISTRICT JUDGE

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ORDER
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