Preston v. Boyer et al

Filing 69

STIPULATION AND ORDER Amending Case Schedule. The deadline for expert witness depositions is December 29, 2017. This includes depositions of expert rebuttal witnesses; The deadline for filing a summary judgment motion on the issue of qualified immunity is January 11, 2018; The deadline for filing an opposition to the summary judgment motion on the issue of qualified immunity to January 29, 2018; and The deadline for filing a reply to the summary judgment motion on the issue of qualified immunity to February 2, 2018. Signed by Hon. Mary Alice Theiler. (TH)

1

THE HONORABLE JOHN C. COUGHENOUR
THE HONORABLE MARY ALICE THEILER

2
3
4
5
6
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

7
8
9

Robert John Preston,

10
11
12

Case No. C16-1106-JCC-MAT
Plaintiff,

STIPULATION AND ORDER
AMENDING CASE SCHEDULE

v.
NOTE ON MOTION CALENDAR:
November 8, 2017

Ryan Boyer,

13

Defendant.

14
15
16

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

17

(collectively, the “Parties”) stipulate and agree as follows to modify the August 29, 2017

18

Stipulation and Order Limiting Discovery and Amending Case Schedule (Dkt. No. 66)

19

(“Scheduling Order”):

20

1.

In this 42 U.S.C. § 1983 action, Mr. Preston asserts claims for violation of his

21

constitutional rights in connection with his arrest by Snohomish County Sheriff’s Deputy Boyer.

22

Dkt. 10.

23
24
25
26

2.

The Scheduling Order governs the case schedule for Deputy Boyer’s qualified

immunity defense.
3.

The Parties have worked diligently to meet the Scheduling Order’s deadlines. For

example, seven depositions of fact witnesses have been completed since entry of the Scheduling
(Case No. C16-1106-JCC-MAT) – 1
STIP. AND [PROPOSED] ORDER AMENDING CASE
SCHEDULE
137592088.1

Perkins Coie LLP

1201 Third Avenue, Suite 4900
Seattle, WA 98101-3099
Phone: [phone]
Fax: [phone]

1

Order; the Parties have served reports for four expert witnesses; and depositions of two expert

2

witnesses are scheduled to be completed by November 9, 2017.

3

4.

Because of schedule conflicts for two expert witnesses and counsel, to

4

accommodate the deposition(s) of one or more rebuttal expert witnesses to be disclosed by

5

November 20, 2017, and to permit the parties to incorporate testimony from expert depositions in

6

their briefing on Deputy Boyer’s qualified immunity defense, the parties stipulate and request

7

that case deadlines be modified as follows:

8

a.

9

Modify the November 9, 2017 deadline for expert witness depositions to
December 29, 2017. This includes depositions of expert rebuttal

10

witnesses;

11

b.

12

Modify the November 17, 2017 deadline for filing a summary judgment
motion on the issue of qualified immunity to January 11, 2018;

13

c.

Modify the December 8, 2017 deadline for filing an opposition to the

14

summary judgment motion on the issue of qualified immunity to January

15

29, 2018; and

16

d.

17
18
19
20

Modify the December 15, 2017 deadline for filing a reply to the summary
judgment motion on the issue of qualified immunity to February 2, 2018.

5.

The above-proposed deadlines also take into account scheduling challenges due to

upcoming holidays.
6.

The proposed modified deadlines, which govern the qualified-immunity phase of

21

the case, are modest and will not impact a trial date, as no trial date has yet been set. Good cause

22

exists to modify the deadlines for the reasons identified above.

23
24
25
26
(Case No. C16-1106-JCC-MAT) – 2
STIP. AND [PROPOSED] ORDER AMENDING CASE
SCHEDULE
137592088.1

Perkins Coie LLP

1201 Third Avenue, Suite 4900
Seattle, WA 98101-3099
Phone: [phone]
Fax: [phone]

1

RESPECTFULLY SUBMITTED this 7th day of November, 2017

2
By: s/ J. Camille Fisher
J. Camille Fisher, WSBA #41809
Jeffry M. Hanson, WSBA #34871
Laura C. Hill, WSBA #49229
Perkins Coie LLP
1201 Third Avenue, Suite 4900
Seattle, WA 98101-3099
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]

3
4
5
6
7
8
9

Attorneys for Plaintiff Robert John Preston
10
11

16

By: s/ Mikolaj T. Tempski
Mikolaj T. Tempski, WSBA #42896
Marc O. Bides, WSBA # 40496
Snohomish County Prosecuting Attorney –
Civil Division
3000 Rockefeller Ave., M/S 504
Everett, WA 98201
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]

17

Attorneys for Defendant Ryan Boyer

12
13
14
15

18
19
20
21
22
23
24
25
26
(Case No. C16-1106-JCC-MAT) – 3
STIP. AND [PROPOSED] ORDER AMENDING CASE
SCHEDULE
137592088.1

Perkins Coie LLP

1201 Third Avenue, Suite 4900
Seattle, WA 98101-3099
Phone: [phone]
Fax: [phone]

1

ORDER

2

Based on the foregoing stipulation, IT IS SO ORDERED:

3

The August 29, 2017 Stipulation and Order Limiting Discovery and Amending Case

4
5

Schedule (Dkt. No. 66) is modified as follows:
1.

6
7

depositions of expert rebuttal witnesses;
2.

8
9

The deadline for filing a summary judgment motion on the issue of qualified
immunity is January 11, 2018;

3.

10
11

The deadline for expert witness depositions is December 29, 2017. This includes

The deadline for filing an opposition to the summary judgment motion on the
issue of qualified immunity to January 29, 2018; and

4.

12

The deadline for filing a reply to the summary judgment motion on the issue of
qualified immunity to February 2, 2018.

13
14

DATED this 9th day of November, 2017

A

15
16

Mary Alice Theiler
United States Magistrate Judge

17
18
19
20
21
22
23
24
25
26
(Case No. C16-1106-JCC-MAT) – 4
STIP. AND [PROPOSED] ORDER AMENDING CASE
SCHEDULE
137592088.1

Perkins Coie LLP

1201 Third Avenue, Suite 4900
Seattle, WA 98101-3099
Phone: [phone]
Fax: [phone]