City of Seattle v. Monsanto Company et al

Filing 157

ORDER granting 156 Stipulated Motion and Order Amending Trial Date and Related Dates: Jury Trial is set for 3/7/2022 at 9:00 AM in Courtroom 15106 before Judge Robert S. Lasnik. Length of trial: 3 to 12 weeks, Fact discovery completed by 5/14/2021 , Amended Pleadings due by 5/14/2021, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 6/18/2021, Expert discovery completed by 9/3/2021, Attorney settlement conference to be held by 10/1/2021, Dispositive motions due by 10/7/2021, Motions in Limine due by 12/2/2021, Pretrial Order due by 1/28/2022, Trial briefs to be submitted by 2/11/2022, Proposed voir dire/jury instructions and trial exhibits due by 2/11/2022, signed by Judge Robert S. Lasnik. (KERR)

Case 2:16-cv-00107-RSL Document 157 Filed 08/03/20 Page 1 of 6

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THE HONORABLE ROBERT S. LASNIK

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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CITY OF SEATTLE,

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Case No. 2:16-CV-00107-RSL

Plaintiff,

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v.

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JOINT STIPULATED MOTION AND
ORDER AMENDING ORDER SETTING
TRIAL DATE AND RELATED DATES

MONSANTO COMPANY, et al.,

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Defendant.
I.

INTRODUCTION

Plaintiff City of Seattle (“Plaintiff”) and Defendants Monsanto Company, Solutia
Inc., and Pharmacia LLC (collectively “Defendants”) (collectively, “Parties”), respectfully
submit this Joint Motion to Amend the Second Amended Order Setting Trial Date & Related
Dates (“Motion”). There is a stay currently in place which expires on July 31, 2020.
Pursuant to the Court’s Order on the Parties’ Stipulated Motion to Extend Stay of Case, the
Parties jointly submit this proposed Order Setting Trial and Related Dates. See Dkt. #154.
II.

RELEVANT FACTS

As pertinent to this Motion, on March 11, 2020, the Parties filed a Stipulated Motion
to Stay the Case. See Dkt. #150. The stay was set to expire on April 24, 2020. The Parties
agreed to propose a modification to the trial schedule once the stay was lifted. See Dkt.
#150. The Parties further agreed that “the schedule they will propose will provide for
AMENDED SCHEDULING ORDER - 1

SCHWABE, WILLIAMSON & WYATT, P.C.
Attorneys at Law
1420 5th Avenue, Suite 3400
Seattle, WA 98101-4010
Telephone: [phone]

Case 2:16-cv-00107-RSL Document 157 Filed 08/03/20 Page 2 of 6

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Defendants to complete a CR 30(b)(6) deposition of the Plaintiff at least thirty days before

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the deadline for exchange of expert reports.” See Dkt. #150. On March 16, 2020, this Court

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granted the stay. See Dkt. #152.

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On April 22, 2020, the Parties filed a Stipulated Motion to Extend Stay of Case until

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July 31, 2020. See Dkt. #153. This Stipulation included the same agreement to confer and

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propose a schedule that “will provide for Defendants to complete a 30(b)(6) deposition of the

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Plaintiff at least thirty days before the deadline for exchange of expert reports.” See Dkt.

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#153. On April 23, 2020, this Court granted the extension of the stay. See Dkt. #154.

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In order to accommodate the Parties’ agreement regarding the timing between the

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FRCP 30(b)(6) deposition of Plaintiff and the provision of expert reports, the Parties submit

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a proposed Order which contains staggered dates for the close of fact discovery and expert

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discovery. Additionally, based on previous experience, the Parties included additional time

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at the end of the proposed Order Setting Trial and Related Dates to allow adequate time for

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briefing pre-trial motions and adequate time for rulings on those motions.

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The Parties are requesting an extended schedule for reasons that include the current

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situation with Covid-19. The review of hard copy documents and in-person depositions are

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likely delayed for months. The City of Seattle is transitioning to new outside counsel and

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new counsel needs to get up to speed on this complex case. The City’s former outside

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counsel did not provide the City with the database of documents the City had already

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produced until the end of June. The City’s new counsel needs to become familiar with the

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tens of thousands of documents already produced. These are some of the factors that led the

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Parties to request the attached schedule.

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III.

CONCLUSION

The Parties respectfully request that this Court enter the Parties proposed Order
Setting Trial and Related Dates filed concurrently herewith.

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AMENDED SCHEDULING ORDER - 2

SCHWABE, WILLIAMSON & WYATT, P.C.
Attorneys at Law
1420 5th Avenue, Suite 3400
Seattle, WA 98101-4010
Telephone: [phone]

Case 2:16-cv-00107-RSL Document 157 Filed 08/03/20 Page 3 of 6

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Dated this 31st day of July, 2020.

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SCHWABE WILLIAMSON & WYATT

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By: /s/ Jennifer L. Campbell
Jennifer L. Campbell, WSBA No. 31703
Connie Sue M. Martin, WSBA No. 26525
1420 5th Avenue, Suite 3400
Seattle, WA 98101
Phone: [phone]
Email: [e-mail]
[e-mail]

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CAPES SOKOL
Adam E. Miller, Bar No. 40945
(Admitted Pro Hac Vice)
Lisa N. DeBord, Bar No. 61658
(Admitted Pro Hac Vice)
8182 Maryland Avenue, Fifteenth Floor
St. Louis, MO 63105
Phone: [phone]
Email: [e-mail]
[e-mail]

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KING & SPALDING LLP
Donald F. Zimmer, CSBA No. 34371
(Admitted Pro Hac Vice)
Nicholas D. Kayhan, CSBA No. 129878
(Admitted Pro Hac Vice)
Megan Nishikawa, CSBA No. 271670
(Admitted Pro Hac Vice)
101 Second Street, Suite 2300
San Francisco, CA 94105
Phone: [phone]
Email: [e-mail]
[e-mail]
[e-mail]

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AMENDED SCHEDULING ORDER - 3

SCHWABE, WILLIAMSON & WYATT, P.C.
Attorneys at Law
1420 5th Avenue, Suite 3400
Seattle, WA 98101-4010
Telephone: [phone]

Case 2:16-cv-00107-RSL Document 157 Filed 08/03/20 Page 4 of 6

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LATHAM & WATKINS LLP
Robert M. Howard, CSBA No. 145870
(Admitted Pro Hac Vice)
Kelly E. Richardson, CSBA No. 210511
(Admitted Pro Hac Vice)
12670 High Bluff Drive
San Diego, California 92130
Phone: [phone]
Emails: [e-mail]
[e-mail]
[e-mail]
Attorneys for Defendants Monsanto Company,
Solutia Inc., and Pharmacia LLC

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OFFICE OF THE CITY ATTORNEY

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By: /s/ Laura B. Wishik
Peter S. Holmes, WSBA #15787
Laura B. Wishik, WSBA #16682
Office of the City Attorney
701 Fifth Avenue, Suite 2010
Seattle, WA 98104-7097
Phone: [phone]
Emails: [e-mail]

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Attorneys for Plaintiff City of Seattle

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AMENDED SCHEDULING ORDER - 4

SCHWABE, WILLIAMSON & WYATT, P.C.
Attorneys at Law
1420 5th Avenue, Suite 3400
Seattle, WA 98101-4010
Telephone: [phone]

Case 2:16-cv-00107-RSL Document 157 Filed 08/03/20 Page 5 of 6

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REVISED SCHEDULING ORDER

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Deadlines

Current Dates1

Proposed
Amended Dates

TRIAL DATE (the Parties do not agree on the
likely length of trial)

November 2, 2020

March 7, 2022

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Plaintiff’s estimate: 3 weeks
Defendants’ estimate: 8-12 weeks
Fact Discovery Completed By2

May 14, 2021

Deadline for amending pleadings

May 13, 2020

May 14, 2021

Reports from expert witnesses under FRCP
26(a)(2) due

May 13, 2020

June 18, 2021

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All motions related to discovery must be noted on
the motion calendar no later than the Friday
before discovery closes pursuant to LCR 7(d) or
LCR 37(a)(2)

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Expert Discovery Completed By

July 15, 2020

September 3, 2021

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Settlement conference held no later than

July 22, 2020

October 1, 2021

All dispositive motions must be filed by and
noted on the motion calendar no later than the
fourth Friday thereafter (see LCR 7(d)(3))

August 4, 2020

October 7, 2021

All motions in limine must be filed by and noted
on the motion calendar no earlier than the second
Friday thereafter. Replies will be accepted.

October 5, 2020

December 2, 2021

Agreed pretrial order due Pretrial conference to
be scheduled by the Court

October 21, 2020

January 28, 2022

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Some of these deadlines occurred during the stay, and therefore, the Parties request that the
new proposed dates be entered.
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The current case schedule includes a single date for discovery cutoff. The Parties request
two separate dates: a fact discovery cutoff and an expert discovery cutoff, as this will assist
the Parties in sequencing and streamlining discovery.
AMENDED SCHEDULING ORDER - 5

SCHWABE, WILLIAMSON & WYATT, P.C.
Attorneys at Law
1420 5th Avenue, Suite 3400
Seattle, WA 98101-4010
Telephone: [phone]

Case 2:16-cv-00107-RSL Document 157 Filed 08/03/20 Page 6 of 6

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Current Dates1

Deadlines

Proposed
Amended Dates

October 28, 2020

February 11, 2022

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Trial briefs, proposed voir dire questions,
proposed jury instructions, and trial exhibits due

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I.

ORDER

It is so ordered.
Dated this 3rd day of August, 2020.

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A
Robert S. Lasnik

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United States District Judge

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AMENDED SCHEDULING ORDER - 6

SCHWABE, WILLIAMSON & WYATT, P.C.
Attorneys at Law
1420 5th Avenue, Suite 3400
Seattle, WA 98101-4010
Telephone: [phone]