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 (206) 467-6477
Fax (206) 467-6292
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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 (206) 467-6477
Fax (206) 467-6292
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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 (206) 467-6477
Fax (206) 467-6292
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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: (206) 467-6477
Facsimile: (206) 467-6292
Email: dkingman@gordontilden.com
Email: mpierce@gordontilden.com
Email: cmam@gordontilden.com
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: cnicoll@nicollblack.com
Email: strivett@nicollblack.com
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 (206) 467-6477
Fax (206) 467-6292
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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 (206) 467-6477
Fax (206) 467-6292
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