Preston v. Boyer et al

Filing 157

STIPULATION AND ORDER Amending Case Schedule re parties' 156 Stipulated Motion. The deadline for disclosure of rebuttal expert Dr. Evan Freedman's report is 6/21/2019; and the deadline for close of expert discovery pertaining to Drs. Laura Brown and Evan Freedman is 7/19/2019. Signed by Hon. Mary Alice Theiler. (TH)

The Honorable John C. Coughenour
The Honorable Mary Alice Theiler

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

8
9

ROBERT JOHN PRESTON,
10

Case No. 2:16-cv-01106-JCC-MAT
Plaintiff,

11
12
13
14

STIPULATION AND [PROPOSED]
ORDER AMENDING CASE SCHEDULE

v.

NOTING DATE: MAY 13, 2019

RYAN BOYER, et al.,
Defendants.

15
16
17
18

STIPULATION
Pursuant to Local Civil Rule 10(g), Plaintiff Robert Preston and Defendants Ryan Boyer

19

and Snohomish County (the “County”) (collectively, the “Parties”) stipulate and agree as follows
20
21

to modify the November 30, 2018 Pretrial Scheduling Order (Dkt. No. 149) (“Scheduling Order”):

22

1. In the November 30, 2018 Stipulation, the Parties agreed to set the deadlines for

23

disclosure of affirmative expert reports for April 22, 2019, disclosure of rebuttal expert reports

24

for May 22, 2019, and close of expert discovery for June 12, 2019. The Parties seek to extend

25

the deadline for disclosure of Defendants’ expert Dr. Evan Freedman’s rebuttal report to June 21,
26
27

Stipulation and [Proposed] Order Amending Case Schedule - 1
Cause No. 2:16-cv-01106-JCC-MAT

SNOHOMISH COUNTY
PROSECUTING ATTORNEY - CIVIL DIVISION
Robert Drewel Bldg., 8th Floor, M/S 504
3000 Rockefeller Ave
EVERETT, WASHINGTON 98201-4060
[phone]/FAX: [phone]

1
2

2019, and the deadline to depose Drs. Freedman and Brown to July 19, 2019. All other deadlines
will remain unchanged.

3

2. Good cause exists for the extension of deadlines. In April 2019, Plaintiffs disclosed

4

their affirmative expert reports, including psychologist Dr. Laura Brown’s report. Defendants

5

sought a rebuttal expert to Dr. Brown’s report and was able to retain Dr. Evan Freedman.

6

However, due to Dr. Freedman’s schedule and some delay in the exchange of documents between
7
8

Drs. Brown and Freedman, Dr. Freeman is unable to produce a report by May 22, 2019.

9

Moreover, Defendants’ counsel has pre-planned extended vacation during this period.

10
11

3. Extension of time for Dr. Freedman to produce his rebuttal report, and for deposition
of Drs. Freedman and Brown is not prejudicial because no trial date has been set in this case, the

12

extension is limited to Drs. Freedman and Brown, and it should not affect the remaining schedule,
13
14
15
16

including the dispositive motion deadline.
4. The Parties stipulate and request that the case schedule be amended as follows:
a.

June 21, 2019: Deadline for disclosure of rebuttal expert Dr. Evan
Freedman’s report, and

b.

July 19, 2019: Deadline for close of expert discovery pertaining to Drs.
Brown and Freedman.

17
18
19
20

Respectfully submitted this 13th day of May, 2019
ADAM CORNELL
Snohomish County Prosecuting Attorney

21
22

By: s/ Marc O. Bides
JOSEPH B. GENSTER, WSBA No. 14968
MARC O. BIDES, WSBA No. 40496
Deputy Prosecuting Attorneys
Snohomish County Prosecuting Attorney – Civil Division
3000 Rockefeller Ave., M/S 504
Everett, Washington 98201

23
24
25
26
27

Stipulation and [Proposed] Order Amending Case Schedule - 2
Cause No. 2:16-cv-01106-JCC-MAT

SNOHOMISH COUNTY
PROSECUTING ATTORNEY - CIVIL DIVISION
Robert Drewel Bldg., 8th Floor, M/S 504
3000 Rockefeller Ave
EVERETT, WASHINGTON 98201-4060
[phone]/FAX: [phone]

2

Phone: [phone] / Fax: [phone]
[e-mail]
[e-mail]

3

Attorneys for Defendants Ryan Boyer and Snohomish County

4

By: s/ Christian W. Marcelo
Christian W. Marcelo, WSBA #51193
Jeffrey M. Hanson, WSBA #34871
J. Camille Fisher, WSBA #41809
Laura C. Hill, WSBA #49229
Heath L. Hyatt, WSBA #54141
Perkins Coie LLP
1201 Third Avenue, Suite 4900
Seattle, WA 98101-3099
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]

1

5
6
7
8
9
10
11
12
13
14

Attorneys for Plaintiff Robert John Preston

15
16
17
18
19
20
21
22
23
24
25
26
27

Stipulation and [Proposed] Order Amending Case Schedule - 3
Cause No. 2:16-cv-01106-JCC-MAT

SNOHOMISH COUNTY
PROSECUTING ATTORNEY - CIVIL DIVISION
Robert Drewel Bldg., 8th Floor, M/S 504
3000 Rockefeller Ave
EVERETT, WASHINGTON 98201-4060
[phone]/FAX: [phone]

[PROPOSED] ORDER

1
2

Based on the foregoing stipulation and for good cause shown, IT IS SO ORDERED.

3

The November 30, 2018 Pretrial Scheduling Order (Dkt. No. 149) is modified as follows:

4

1.

The deadline for disclosure of rebuttal expert Dr. Evan Freedman’s report is June
21, 2019; and

2.

The deadline for close of expert discovery pertaining to Drs. Laura Brown and
Evan Freedman is July 19, 2019.

5
6
7
8

DATED this 14th day of May, 2019

9

A

10
11

Mary Alice Theiler
United States Magistrate Judge

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27

Stipulation and [Proposed] Order Amending Case Schedule - 4
Cause No. 2:16-cv-01106-JCC-MAT

SNOHOMISH COUNTY
PROSECUTING ATTORNEY - CIVIL DIVISION
Robert Drewel Bldg., 8th Floor, M/S 504
3000 Rockefeller Ave
EVERETT, WASHINGTON 98201-4060
[phone]/FAX: [phone]