Oberto Sausage Company v. Endurance American Insurance Company

Filing 25

ORDER granting 24 Stipulated Motion to continue trial date and adjust case schedule; Jury Trial is set for 10/23/2017 before Judge Ricardo S Martinez. Discovery completed by 7/3/2017, Dispositive motions due by 7/31/2017, Motions in Limine due by 9/25/2017, Pretrial Order due by 10/11/2017, Trial briefs to be submitted by 10/17/2017, Proposed voir dire/jury instructions due by 10/17/2017, by Judge Ricardo S Martinez.(RS)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON AT SEATTLE

NO. C15-1221 RSM

OBERTO SAUSAGE COMPANY, a
Washington corporation,

STIPULATED MOTION AND ORDER TO
CONTINUE TRIAL DATE AND ADJUST
CASE SCHEDULE

Plaintiff,
v.
ENDURANCE AMERICAN INSURANCE
COMPANY, a Delaware corporation,
Defendant.

I.

INTRODUCTION

Pursuant to LCR 16(b)(4) and 10(g), Plaintiff Oberto Sausage Company and Defendant
Endurance American Insurance Company stipulate to and respectfully seek an order continuing
the trial date of this matter—presently set for July 24, 2017—to October, 2017. See Dkt. No. 23.
The parties seek a continuance of the trial date, and a corresponding extension of other deadlines,
in order to allow them to attempt to resolve this matter through mediation prior to completing
depositions and filing dispositive motions. The parties are in the process of scheduling
mediation in this matter for May 2017. This is the parties’ third and final request for a
continuance of the trial date. The parties do not anticipate another request for a continuance.
STIPULATED MOTION AND ORDER TO CONTINUE TRIAL
DATE AND ADJUST CASE SCHEDULE - 1

NO. 15-CV-1221-RSM

GORDON TILDEN THOMAS & CORDELL LLP
1001 Fourth Avenue, Suite 4000
Seattle, WA 98154
Phone [phone]
Fax [phone]

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II.
A.

RELEVANT FACTS

The parties are scheduling mediation in an attempt to resolve this matter.
The parties have agreed on a mediator and are in the process of scheduling mediation for

May 2017.
B.

The parties require additional time to complete discovery.
The parties would prefer to mediate this matter prior to incurring the cost of dispositive

motions and completing depositions. Counsel for both parties agree additional time is needed to
complete discovery in the event mediation is unsuccessful. The parties are in the process of
scheduling depositions for dates after mediation.
C.

This is the parties’ final request for a continuance.
The Court previously continued the trial date in this matter by Orders dated May 25, 2016

[Dkt. No. 15] and October 27, 2016 [Dkt. No. 23]. This is the parties’ third request for a
continuance of the trial date. The parties do not anticipate another request for a continuance.
III.

ANALYSIS

The case schedule may be modified for good cause and with the Court’s consent. See
LCR 16(b)(4), 10(g). Here, good cause exists. In particular, a short continuance of the trial date
will allow the parties the time needed to attempt to resolve this matter through mediation. The
parties have already agreed on a mediator and are in the process of scheduling mediation. In
addition, a short continuance will allow the parties the time necessary to complete depositions
and engage in motion practice in the event mediation is unsuccessful.

STIPULATED MOTION AND ORDER TO CONTINUE TRIAL
DATE AND ADJUST CASE SCHEDULE - 2

NO. 15-CV-1221-RSM

GORDON TILDEN THOMAS & CORDELL LLP
1001 Fourth Avenue, Suite 4000
Seattle, WA 98154
Phone [phone]
Fax [phone]

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Based on the foregoing, the parties jointly and respectfully request the Court continue the
trial date in this matter to October 23, 2017. The parties do not anticipate another request for a
trial continuance.
IV.

CONCLUSION AND PROPOSED SCHEDULE CHANGE

Counsel for the parties stipulate to the following proposed case schedule and respectfully
request the Court enter an order reflecting this stipulated case schedule:
Case Requirement
Jury trial date

Proposed New Due Date
October 23, 2017

Discovery completed by

July 3, 2017

All dispositive motions must be filed by

July 31, 2017

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

September 11, 2017

All motions in limine must be filed by and
noted on the motion calendar no later than the
THIRD Friday thereafter

September 25, 2017

Agreed Pretrial Order

October 11, 2017

Trial briefs, proposed voir dire questions, jury
instructions, neutral statement of the case, and
trial exhibits due

October 17, 2017

STIPULATED MOTION AND ORDER TO CONTINUE TRIAL
DATE AND ADJUST CASE SCHEDULE - 3

NO. 15-CV-1221-RSM

GORDON TILDEN THOMAS & CORDELL LLP
1001 Fourth Avenue, Suite 4000
Seattle, WA 98154
Phone [phone]
Fax [phone]

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DATED this 25th day of April, 2017.
GORDON TILDEN THOMAS & CORDELL LLP
Attorneys for Plaintiff Oberto Sausage Company
By

s/ Chelsey L. Mam
Dale L. Kingman, WSBA #07060
Matthew F. Pierce, WSBA #34019
Chelsey L. Mam, WSBA #44609
1001 Fourth Avenue, Suite 4000
Seattle, Washington 98154
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]

DATED this 25th day of April, 2017.
NICOLL BLACK & FEIG
Attorneys for Defendant Endurance American Ins. Co.
By

s/ Shannon L. Trivett
Christopher W. Nicoll, WSBA #20771
Shannon L. Trivett, WSBA #46689
1325 Fourth Avenue, Suite 1650
Seattle, WA 98101
Email: [e-mail]
Email: [e-mail]

STIPULATED MOTION AND ORDER TO CONTINUE TRIAL
DATE AND ADJUST CASE SCHEDULE - 4

NO. 15-CV-1221-RSM

GORDON TILDEN THOMAS & CORDELL LLP
1001 Fourth Avenue, Suite 4000
Seattle, WA 98154
Phone [phone]
Fax [phone]

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I.

ORDER

Based on the foregoing Stipulation,
IT IS HEREBY ORDERED that the existing trial date and corresponding case deadlines
be changed to the following:

Jury trial date

Case Requirement

New Due Date
October 23, 2017

Discovery completed by

July 3, 2017

All dispositive motions must be filed by

July 31, 2017

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

September 11, 2017

All motions in limine must be filed by and
noted on the motion calendar no later than the
THIRD Friday thereafter

September 25, 2017

Agreed Pretrial Order

October 11, 2017

Trial briefs, proposed voir dire questions, jury
instructions, neutral statement of the case, and
trial exhibits due

October 17, 2017

DATED this 28th day of April 2017.

A

RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

STIPULATED MOTION AND ORDER TO CONTINUE TRIAL
DATE AND ADJUST CASE SCHEDULE - 5

NO. 15-CV-1221-RSM

GORDON TILDEN THOMAS & CORDELL LLP
1001 Fourth Avenue, Suite 4000
Seattle, WA 98154
Phone [phone]
Fax [phone]