Bund v. Safeguard Properties LLC

Filing 365

ORDER SETTING TRIAL DATE AND OTHER CASE DEADLINES re Parties' 363 Proposed Joint Scheduling Order. Completion of discovery as to the James Plaintiffs is 12/18/2020. Defendant's Motion for Summary Judgment and determination as to wh ether the James Plaintiffs can meet the typicality and adequacy requirements of FRCP 23(a)(3) and (a)(4) to be filed by 1/29/2021. If the Court denies Summary Judgment, but finds that Plaintiffs cannot meet Rule 23(a)(3) and (a)(4), the follo wing dates shall apply: Jury Trial **4 Days** is set for 5/24/2021 at 09:00 AM before Judge Marsha J. Pechman. Motions in Limine due by 4/21/2021, Agreed Pretrial Order due by 5/7/2021, Voir dire/jury instructions/trial briefs due by 5/7/2 021, Pretrial Conference set for 5/13/2021 at 01:30 PM before Judge Marsha J. Pechman. If the Court denies Summary Judgment and determines the James Plaintiffs can meet Rule 23(a)(3) and (a)(4), the following dates shall apply : Jury T rial **10 Days** set for 5/16/2022 at 9:00 a.m. Class-related discovery to completed by 7/9/2021; Reports from expert witnesses under FRCP 26(a)(2) due: Plaintiffs' reports due: 8/6/2021; Defendant's reports due: 9/3/2021; Completion of ex pert depositions by 11/5/2021; All motions related to class discovery and expert discovery (including Daubert challenges) 12/3/2021; Motion for class certification due 12/3/2021; All dispositive motions due 2/4/2022; Motions in limine due 4/13/2022; Agreed pretrial order due 5/2/2022; Trial briefs, proposed voir dire questions, and proposed jury instructions due 5/2/2022; Pretrial conference 5/5/2022 at 1:30 PM. Signed by Judge Marsha J. Pechman. (PM)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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JOHN R. BUND II, et al.,
Plaintiffs,

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ORDER SETTING TRIAL DATE
AND OTHER CASE DEADLINES

v.

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CASE NO. C16-920 MJP

SAFEGUARD PROPERTIES LLC,
Defendant.

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Having reviewed the Parties’ Proposed Joint Scheduling Order (Dkt. No, 363) and held a

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status conference with the Parties regarding the same, the Court hereby sets the following

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deadlines:

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JURY TRIAL DATE
Completion of discovery as to the James
Plaintiffs
Defendant’s Motion for Summary Judgment
and determination as to whether the James
Plaintiffs can meet the typicality and
adequacy requirements of FRCP 23(a)(3)
and (a)(4) filed by and noted on the
motion calendar on the fourth Friday
thereafter (See CR7(d)

December 18, 2020
January 29, 2021

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ORDER SETTING TRIAL DATE AND OTHER CASE DEADLINES - 1

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If the Court denies Summary Judgment, but find that Plaintiffs cannot meet Rule
23(a)(3) and (a)(4), the following dates shall apply:
All motions in limine must be filed by and
April 21, 2021
noted on the motion calendar no earlier
than the third Friday thereafter and no
later than the Friday before the pretrial
conference.
Agreed pretrial order due
May 7, 2021
Trial briefs, proposed voir dire questions, and May 7, 2021
proposed jury instructions
Pretrial conference
May 13, 2021 at 1:30 PM
Length of Jury Trial
4 Days
JURY TRIAL DATE
May 24, 2021
If the Court denies Summary Judgment and determines the James Plaintiffs can meet
Rule 23(a)(3) and (a)(4), the following dates shall apply
Class-related discovery to completed by
July 9, 2021
Reports from expert witnesses under FRCP
Plaintiffs’ reports due: August 6, 2021
26(a)(2) due
Defendant’s reports due: September 3, 2021
Completion of expert depositions by
November 5, 2021
All motions related to class discovery and
December 3, 2021
expert discovery (including Daubert
challenges) must be filed and noted on the
motion calendar on the third Friday
thereafter (See CR7(d))
Motion for class certification must be filed
December 3, 2021
and noted on the motion calendar on the
fourth Friday thereafter (CR7(d))
All dispositive motions must be filed by and
February 4, 2022
noted on the motion calendar on the fourth
Friday thereafter (See CR7(d))
Counsel are reminded of the requirement
to provide courtesy copies of any
motions with exhibits or other
attachments exceeding 50 pages.
Compliance with this requirement will
facilitate timely consideration of your
motion.
All motions in limine must be filed by and
noted on the motion calendar no earlier
than the third Friday thereafter and no
later than the Friday before the pretrial
conference.
Agreed pretrial order due
Trial briefs, proposed voir dire questions, and
proposed jury instructions

April 13, 2022

May 2, 2022
May 2, 2022

ORDER SETTING TRIAL DATE AND OTHER CASE DEADLINES - 2

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Pretrial conference
Length of Jury Trial
Jury Trial Date

May 5, 2022 at 1:30 PM
10 Day Trial
May 16, 2022

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These dates are set at the direction of the Court after reviewing the joint status report and
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discovery plan submitted by the parties. All other dates are specified in the Local Civil Rules. If
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any of the dates identified in this Order or the Local Civil Rules fall on a weekend or federal
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holiday, the act or event shall be performed on the next business day. These are firm dates that
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can be changed only by order of the Court, not by agreement of counsel or the parties. The Court
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will alter these dates only upon good cause shown: failure to complete discovery within the time
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allowed is not recognized as good cause. If the trial date assigned to this matter creates an
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irreconcilable conflict, counsel must notify the Deputy Clerk, Grant Cogswell, in writing within
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10 days of the date of this Order and must set forth the exact nature of the conflict. A failure to
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do so will be deemed a waiver. Counsel must be prepared to begin trial on the date scheduled,
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but it should be understood that the trial may have to await the completion of other cases.
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COOPERATION:
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As required by CR 37(a), all discovery matters are to be resolved by agreement if
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possible. Counsel are further directed to cooperate in preparing the final pretrial order in the
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format required by CR 16.1, except as ordered below.
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EXHIBITS:
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The original and one copy of the trial exhibits are to be delivered to chambers four days
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before the trial date. Each exhibit shall be clearly marked. Exhibit tags are available in the
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Clerk’s Office. The Court hereby alters the CR 16.1 procedure for numbering exhibits: plaintiff's
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exhibits shall be numbered consecutively beginning with 1; defendant's exhibits shall be
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numbered consecutively beginning with the next number series not used by plaintiff.
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ORDER SETTING TRIAL DATE AND OTHER CASE DEADLINES - 3

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Duplicate documents shall not be listed twice: once a party has identified an exhibit in the

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pretrial order, any party may use it. Each set of exhibits shall be submitted in individual file

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folders with appropriately numbered tabs.

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SETTLEMENT:

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Should this case settle, counsel shall notify Grant Cogswell as soon as possible at

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206−370−8518. Pursuant to GR 3(b), an attorney who fails to give the Deputy Clerk prompt

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notice of settlement may be subject to such discipline as the Court deems appropriate.

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The clerk is ordered to provide copies of this order to all counsel.

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Dated November 4, 2020.

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A

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Marsha J. Pechman
United States District Judge

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ORDER SETTING TRIAL DATE AND OTHER CASE DEADLINES - 4