Swinomish Indian Tribal Community v BSNF Railway Company
Filing
218
AMENDED ORDER SETTING TRIAL DATE & RELATED DATES. 5-Day Non-Jury Trial is set for 6/3/2024 before Judge Robert S. Lasnik. Defendant's Motion to Compel Arbitration due by 5/12/2023; Response due by 6/2/2023; Reply due by 6/16/2023. Document Excha nge Deadline is 8/18/2023, Discovery completed by 10/6/2023, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 12/15/2023, Rebuttal Expert Disclosure/Reports due by 1/26/2024, 39.1 mediation to be initiated by 1/26/2024, Expert Discovery to be completed by 2/16/2024, Dispositive and Daubert motions due by 3/14/2024, Pretrial Order due by 5/17/2024, Trial briefs and Trial Exhibits to be submitted by 5/29/2024. Signed by Judge Robert S. Lasnik. (LH)
Case 2:15-cv-00543-RSL Document 218 Filed 04/25/23 Page 1 of 5
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
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8 SWINOMISH INDIAN TRIBAL
COMMUNITY, a federally recognized Indian
9 Tribe,
Plaintiff,
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Case No. C15-543RSL
AMENDED ORDER SETTING
TRIAL DATE & RELATED DATES
v.
12 BNSF RAILWAY COMPANY, a Delaware
corporation,
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Defendant.
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TRIAL DATE
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BNSF Motion to Compel Arbitration
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Tribe’s Response to Motion to Compel
June 3, 2024
May 12, 2023
June 2, 2023
17 BNSF Reply Motion to Compel
June 16, 2023
18 Document Exchange Deadline
August 18, 2023
19 Completion of Fact Discovery
October 6, 2023
20 Primary Expert Witness Disclosures
December 15, 2023
21 Rebuttal Expert Witness Disclosures
January 26, 2024
22 Mediation to be Initiated By
January 26, 2024
23 Completion of Expert Discovery
February 16, 2024
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Deadline for Filing Dispositive Motions and Daubert Motions
AMENDED ORDER SETTING TRIAL DATE & RELATED DATES - 1
March 14, 2024
Case 2:15-cv-00543-RSL Document 218 Filed 04/25/23 Page 2 of 5
1 Agreed Pretrial Order Due
May 17, 2024
2 Trial Briefs and Trial Exhibits Due
May 29, 2024
3 Length of Trial: 5 days
Non Jury
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These dates are set at the direction of the Court after reviewing the joint status report
submitted by the parties. All other dates are specified in the Local Civil Rules. If any of the
dates identified in this Order or the Local Civil Rules fall on a weekend or federal holiday, the
act or event shall be performed on the next business day. These are firm dates that can be
changed only by order of the Court, not by agreement of counsel or the parties. The Court will
alter these dates only upon good cause shown; failure to complete discovery within the time
allowed is not recognized as good cause.
If the trial date assigned to this matter creates an irreconcilable conflict, counsel must
notify Teri Roberts, the judicial assistant, at 206-370-8810 within 10 days of the date of this
Order and must set forth the exact nature of the conflict. A failure to do so will be deemed a
waiver. Counsel must be prepared to begin trial on the date scheduled, but it should be
understood that the trial may have to await the completion of other cases.
The settlement conference conducted between the close of discovery and the filing of
dispositive motions requires a face-to-face meeting or a telephone conference between persons
with authority to settle the case. The settlement conference does not have to involve a thirdparty neutral.
ALTERATIONS TO ELECTRONIC FILING PROCEDURES AND LOCAL RULES
Information and procedures for electronic filing can be found on the Western District of
Washington’s website at www.wawd.uscourts.gov. Pro se litigants may file either
electronically or in paper form. The following alterations to the Electronic Filing Procedures
apply in all cases pending before Judge Lasnik:
AMENDED ORDER SETTING TRIAL DATE & RELATED DATES - 2
Case 2:15-cv-00543-RSL Document 218 Filed 04/25/23 Page 3 of 5
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– Alteration to LCR 10(e)(9) - Effective July 1, 2014, the Western District of Washington
2 will no longer accept courtesy copies in 3-ring binders. All courtesy copies must be 3-hole
3 punched, tabbed, and bound by rubber bands or clips. If any courtesy copies are delivered to the
4 intake desk or chambers in 3-ring binders, the binders will be returned immediately. This policy
5 does NOT apply to the submission of trial exhibits.
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– Alteration to Section III, Paragraph M of the Electronic Filing Procedures - Unless the
7 proposed order is stipulated, agreed, or otherwise uncontested, the parties need not e-mail a copy
8 of the order to the judge’s e-mail address.
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– Pursuant to LCR 10(e)(10), all references in the parties’ filings to exhibits should be as
10 specific as possible (i.e., the reference should cite the specific page numbers, paragraphs, line
11 numbers, etc.). All exhibits must be marked to designate testimony or evidence referred to in the
12 parties’ filings. Filings that do not comply with LCR 10(e) may be rejected and/or returned to
13 the filing party, particularly if a party submits lengthy deposition testimony without highlighting
14 or other required markings.
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– Alteration to LCR 7(d)(4) - Any motion in limine must be filed by the date set forth
16 above and noted on the motion calendar no earlier than the second Friday thereafter. Any
17 response is due on or before the Wednesday before the noting date. Parties may file and serve
18 reply memoranda, not to exceed nine pages in length, on or before the noting date.
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PRIVACY POLICY
Pursuant to Federal Rule of Civil Procedure 5.2 and LCR 5.2, parties must redact the
21 following information from documents and exhibits before they are filed with the court:
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* Dates of Birth - redact to the year of birth
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* Names of Minor Children - redact to the initials
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* Social Security Numbers and Taxpayer Identification Numbers - redact in their entirety
AMENDED ORDER SETTING TRIAL DATE & RELATED DATES - 3
Case 2:15-cv-00543-RSL Document 218 Filed 04/25/23 Page 4 of 5
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* Financial Accounting Information - redact to the last four digits
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* Passport Numbers and Driver License Numbers - redact in their entirety
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All documents filed in the above-captioned matter must comply with Federal Rule of
4 Civil Procedure 5.2 and LCR 5.2.
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COOPERATION
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As required by LCR 37(a), all discovery matters are to be resolved by agreement if
7 possible. Counsel are further directed to cooperate in preparing the final pretrial order in the
8 format required by LCR 16.1, except as ordered below.
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TRIAL EXHIBITS
The original and one copy of the trial exhibits are to be delivered to chambers five days
11 before the trial date. Each exhibit shall be clearly marked. Exhibit tags are available in the
12 Clerk’s Office. The Court hereby alters the LCR 16.1 procedure for numbering exhibits:
13 plaintiff’s exhibits shall be numbered consecutively beginning with 1; defendant’s exhibits shall
14 be numbered consecutively beginning with 500. Duplicate documents shall not be listed twice:
15 once a party has identified an exhibit in the pretrial order, any party may use it. Each set of
16 exhibits shall be submitted in a three-ring binder with appropriately numbered tabs.
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SETTLEMENT
Should this case settle, counsel shall notify the Deputy Clerk, Victoria Ericksen at 206-
19 370-8517 as soon as possible. Pursuant to LCR 11(b), an attorney who fails to give the Deputy
20 Clerk prompt notice of settlement may be subject to such discipline as the Court deems
21 appropriate.
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AMENDED ORDER SETTING TRIAL DATE & RELATED DATES - 4
Case 2:15-cv-00543-RSL Document 218 Filed 04/25/23 Page 5 of 5
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DATED this 25th day of April, 2023.
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Robert S. Lasnik
United States District Judge
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AMENDED ORDER SETTING TRIAL DATE & RELATED DATES - 5
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