Hanson v. Snohomish County et al

Filing 41

STIPULATION AND ORDER EXTENDING THE DEADLINE FOR DISCLOSURE OF EXPERT TESTIMONY; Expert Witness deadline extended to 5/24/2017, Rebuttal Expert Testimony extended to 6/23/2017, by Judge Thomas S. Zilly. (RS)

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HON. THOMAS S. ZILLY

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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JULIE ANN HANSON, individually and as
Personal Representative of the ESTATE OF
MARILYN MOWAN, deceased,

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NO. 2:16-cv-00930-TSZ
STIPULATION AND AGREED ORDER
EXTENDING THE DEADLINE FOR
DISCLOSURE OF EXPERT
TESTIMONY

Plaintiff,
v.
SNOHOMISH COUNTY, a municipal
corporation, TY TRENARY, KAITLIN
GEARY, JEFFREY LANGSAM, and JULIE
ROUNTREE and I-CHEN LIU,

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Defendants.

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STIPULATION
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COME NOW the parties, by and through their respective counsel of record and hereby
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stipulate and request that the Court enter an order extending the deadline for disclosure of expert
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testimony from April 12, 2017 to May 24, 2017 considering the following:
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1.
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The deadline for disclosure of expert testimony April 12, 2017 pursuant to the

Court’s Minute Order Setting Trial Date dated August 8, 2016. (Dkt. # 12).

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STIPULATION AND AGREED ORDER EXTENDING
THE DEADLINE FOR DISCLOSURE OF EXPERT
TESTIMONY- 1
CASE NO.: 2:16-cv-00930-TSZ

LAW OFFICES OF JAMES S. ROGERS
1500 Fourth Avenue, Ste. 500
Seattle, WA 98101
[phone] Phone
[phone] Fax

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2.

The parties have conducted extensive discovery and have taken numerous

depositions of lay witnesses and Rule 30(b)(6) witnesses.
3.

On September 8, 2016 Plaintiff propounded discovery on Snohomish County.

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One of the areas of inquiry were the other in custody deaths at the Snohomish County Jail that

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preceded and followed the death of Marilyn Mowan on September 23, 2014. There have been 22

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in custody deaths at the Snohomish County Jail since 2005.

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4.

To date, Snohomish County has not fully answered that discovery and has not

produced responsive information on at least five of the in custody deaths.
5.

The parties engaged in a discovery conference on this issue on February 22, 2017.

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During that discovery conference Snohomish County indicated that they were continuing to

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investigate if they had responsive documents to Plaintiff’s requests.

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6.

The overdue discovery that Plaintiff seeks is essential material to be reviewed by

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Plaintiff’s expert witnesses. The overdue discovery is vital for the experts to arrive at their

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conclusions.

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7.

The parties met and conferred and believe that good cause exists for the Court to

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grant the parties’ stipulated request for extending the deadline for disclosure of expert testimony

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from April 12, 2017 to May 24, 2017.

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8.

The parties further seek to clarify that by operation of FRCP 26(a)(2)(D)(ii), the

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deadline for expert rebuttal testimony will be 30 days after the deadline for disclosure of expert

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testimony. Should the Court grant the parties stipulation, the new deadline for expert rebuttal

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testimony will now be June 23, 2017.

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STIPULATION AND AGREED ORDER EXTENDING
THE DEADLINE FOR DISCLOSURE OF EXPERT
TESTIMONY- 2
CASE NO.: 2:16-cv-00930-TSZ

LAW OFFICES OF JAMES S. ROGERS
1500 Fourth Avenue, Ste. 500
Seattle, WA 98101
[phone] Phone
[phone] Fax

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9.

The parties do not anticipate that the new deadline for disclosure of expert

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testimony will necessitate additional extensions of the deadlines set forth in the Court’s order.

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LAW OFFICES OF JAMES S. ROGERS

MARK K. ROE
Snohomish County Prosecuting Attorney

By: s/ Cheryl L. Snow
Cheryl L. Snow, WSBA #26757
Justin R. Boland, WSBA # 35381
Attorneys for Plaintiff
1500 Fourth Avenue, Suite 500
Seattle, WA 98101
Phone: [phone]
Facsimile: 206-223-8224
Email: [e-mail]
Email: [e-mail]

By: s/ Katherine Bosch
Michael C. Held, WSBA # 6357
Katherine Bosch, WSBA # 43122
Joseph B. Genster, WSBA # 14968
Deputy Prosecuting Attorneys
Snohomish Prosecuting Attorneys Office
3000 Rockefeller Ave., M/S 504
Everett, WA 98201
Telephone: [phone]
Facsimile: 425-388-6333
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]

Dated: March 7, 2017

Dated: March 7, 2017

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ORDER
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This matter having come before the Court on the Stipulation of the parties, the Court
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having considered the foregoing stipulation and for good cause shown, IT IS HEREBY
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ORDERED that the deadline for disclosure of expert testimony is extended from April 12, 2017,
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to May 24, 2017. IT IS HEREBY FURTHER ORDERED that the new deadline for expert
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rebuttal testimony pursuant to FRCP 26(a)(2)(D)(ii) will now be June 23, 2017.
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Dated this 8th of March, 2017.

A

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Thomas S. Zilly
United States District Judge

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STIPULATION AND AGREED ORDER EXTENDING
THE DEADLINE FOR DISCLOSURE OF EXPERT
TESTIMONY- 3
CASE NO.: 2:16-cv-00930-TSZ

LAW OFFICES OF JAMES S. ROGERS
1500 Fourth Avenue, Ste. 500
Seattle, WA 98101
[phone] Phone
[phone] Fax

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Presented by:

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LAW OFFICES OF JAMES S. ROGERS

MARK K. ROE
Snohomish County Prosecuting Attorney

By: s/ Cheryl L. Snow
Cheryl L. Snow, WSBA #26757
Justin R. Boland, WSBA # 35381
Attorneys for Plaintiff
1500 Fourth Avenue, Suite 500
Seattle, WA 98101
Phone: [phone]
Facsimile: 206-223-8224
Email: [e-mail]
Email: [e-mail]

By: s/ Katherine Bosch
Michael C. Held, WSBA # 6357
Katherine Bosch, WSBA # 43122
Joseph B. Genster, WSBA # 14968
Deputy Prosecuting Attorneys
Snohomish Prosecuting Attorneys Office
3000 Rockefeller Ave., M/S 504
Everett, WA 98201
Telephone: [phone]
Facsimile: 425-388-6333
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]

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STIPULATION AND AGREED ORDER EXTENDING
THE DEADLINE FOR DISCLOSURE OF EXPERT
TESTIMONY- 4
CASE NO.: 2:16-cv-00930-TSZ

LAW OFFICES OF JAMES S. ROGERS
1500 Fourth Avenue, Ste. 500
Seattle, WA 98101
[phone] Phone
[phone] Fax