Shokri v. Boeing Company

Filing 92

STIPULATION AND ORDER re parties' 91 Stipulated Motion to Continue Dispositive Motions and Pretrial Deadlines and Trial Date. Dispositive motions due by 1/16/2018, Motions in Limine due by 3/20/2018, Pretrial Order due by 4/4/2018, Voir dire/jury instructions/trial briefs due by 4/11/2018, Jury Trial is set for 4/16/2018 at 9:00 AM before Judge Ricardo S Martinez. Signed by Judge Ricardo S Martinez. (TH)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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BEHROUZ SHOKRI,

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No. 2:16-cv-01132 RSM

Plaintiff,
v.

STIPULATED MOTION TO
CONTINUE DISPOSITIVE MOTIONS
AND PRETRIAL DEADLINES AND
TRIAL DATE

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THE BOEING COMPANY,
Defendant.

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Pursuant to Federal Rule of Civil Procedure 16, and Local Rule 16(b)(4), Plaintiff Behrouz

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Shokri and Defendant The Boeing Company (collectively, “the Parties”), respectfully move for a

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limited continuance of the trial date and certain related dates. This is the first continuance that the

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parties have sought. The Parties have conferred and jointly represent that good cause exists for this

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extension. In support, the Parties state as follows:

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A.
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STATEMENT OF FACTS

Under the Court’s Order Setting Trial Date and Related Dates (Dkt. 12), this case

is currently subject to the following remaining deadlines:

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a. Dispositive motion deadline:

October 24, 2017

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b. Motions in limine deadline:

December 26, 2017

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c. Agreed pretrial order due:

January 10, 2018

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d. Pretrial conference:

January 10, 2018

STIPULATED MOTION TO CONTINUE DISPOSITIVE MOTIONS
DEADLINE AND PRETRIAL AND TRIAL DATES

2:16-CV-01132 RSM

MORGAN, LEWIS & BOCKIUS LLP
1111 Pennsylvania Avenue, N.W.
Washington, DC 20004
+1.202.739.3000

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e. Trial briefs, proposed voir dire questions,
jury instructions, neutral statement of the
case, and trial exhibits due:

January 10, 2018

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f. Jury trial (5-10 days):

January 22, 2018

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2.

As a general matter, discovery recently closed on September 25, 2017. However,

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pursuant to court-approved stipulations, as well as the Court’s recent ruling on September 29,

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certain discovery matters remain to be completed.

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3.

First, on September 29, 2017, the Court granted in part Boeing’s Motion to Compel.

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The Court also directed Plaintiff to reappear for a continued (2-hour) deposition by no later than

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October 20, 2017. Due to various scheduling conflicts, the Parties will need to complete this

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deposition during the week of October 30, 2017.
4.

Second, through the same September 29 ruling, the Court granted Plaintiff’s request

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to take the deposition of Mr. Shokri’s manager’s former manager, Jose Amoedo, by no later than

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October 24. Due to the same scheduling conflicts referenced above, the parties similarly will need

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to complete this deposition during the week of October 30, 2017.

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5.

Third, through the same September 29, ruling the Court required Defendant to

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provide rebuttal experts reports by October 30, 2017. Mr. Shokri will need to complete these

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rebuttal expert depositions after Defendant provides reports.

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Fourth, the Court approved the Parties’ stipulation to complete a Fed. R. Civ. P.

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30(b)(6) deposition of Boeing after the discovery cutoff. (Dkt. 70.) The precise scope of that

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30(b)(6) deposition remains pending before the Court, however, as do certain other discovery

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issues raised in Plaintiff’s Motion to Compel Answers to Discovery and Production of Documents,

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recently filed on September 22, 2017. (Dkt. 71.) Boeing responded to that Motion on October 10,

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2017, and Plaintiff filed his reply on October 13, 2017. (Dkts. 82, 85.) This timing creates an

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understandable likelihood that the Court will not have an opportunity to issue a comprehensive

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ruling on Plaintiff’s motion sufficiently in advance of the Parties’ current October 24 deadline to

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file dispositive motions.
STIPULATED MOTION TO CONTINUE DISPOSITIVE MOTIONS
DEADLINE AND PRETRIAL AND TRIAL DATES – 2

2:16-CV-01132 RSM

MORGAN, LEWIS & BOCKIUS LLP
1111 Pennsylvania Avenue, N.W.
Washington, DC 20004
+1.202.739.3000

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7.

The Parties also seek corresponding continuances of the trial date and remaining

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pre-trial deadlines that have not passed at the date of the filing of this stipulation, and the Parties

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can continue to complete the remaining fact-witness depositions that were recently authorized by

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the Court’s September 29 ruling (of Mr. Shokri and Mr. Amoedo) during the week of October 30,

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such that those depositions, and any other open discovery issues, are completed in time to be

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meaningfully useful in any dispositive motion(s).
B.

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AUTHORITY

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This Motion is based upon the Federal Rules of Civil Procedure, corresponding case law,

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and the Court’s power to control its calendar. Orders entered before the final pretrial conference

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may be modified upon a showing of “good cause.” Johnson v. Mammoth Recreations, Inc., 975

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F.2d 604, 608 (9th Cir. 1992) (citing Fed. R. Civ. P. 16(b)). Here, the Parties agree that “good

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cause” exists for the Court to continue the current dispositive motions deadline, as well as the trial

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date and remaining pre-trial deadlines.

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Although discovery generally closed on September 25, 2017, the Parties will be completing

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additional depositions in the coming weeks, including Plaintiff’s continued deposition and the

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deposition of Mr. Amoedo. Due to scheduling conflicts, the parties plan to complete those

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depositions during the week of October 30. Additionally, Defendant’s rebuttal expert reports are

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not due until October 30, 2017 and Mr. Shokri will need to depose these witnesses. Finally, a

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corresponding continuance of the trial date and remaining pre-trial deadlines will preserve the

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parties’ and Court’s limited resources, ensuring that the Court has a chance to evaluate the parties’

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dispositive motion(s) before turning to motions in limine and other pre-trial filings that the parties

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are scheduled to submit.

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STIPULATED MOTION TO CONTINUE DISPOSITIVE MOTIONS
DEADLINE AND PRETRIAL AND TRIAL DATES – 3

2:16-CV-01132 RSM

MORGAN, LEWIS & BOCKIUS LLP
1111 Pennsylvania Avenue, N.W.
Washington, DC 20004
+1.202.739.3000

C.

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CONCLUSION

For the above-stated reasons, the Parties respectfully request that the Court grant their
Stipulated Motion, and continue the dispositive motions and pretrial deadlines as follows:

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a. Dispositive motion deadline:

from October 24, 2017 to January 16, 2018

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b. Motions in limine deadline:

from December 26, 2017 to March 20, 2018

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c. Agreed pretrial order due:

from January 10, 2018 to April 4, 2018

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d. Pretrial conference:

from January 10, 2018 to April 4, 2018

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e. Trial briefs, proposed voir dire
questions, jury instructions,
neutral statement of the
case, and trial exhibits due:

from January 10, 2018 to April 4, 2018

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f. Jury trial:

from January 22, 2018 to April 16, 2018

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The Parties also request that the Court grant their stipulation to complete the continued

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deposition of Mr. Shokri and the deposition of Mr. Amoedo—as authorized by the Court’s

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September 29 ruling—by no later than November 3, 2017.

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IT IS SO STIPULATED.
Dated: October 18, 2017

MORGAN, LEWIS & BOCKIUS, LLP

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By: s/ Lincoln O. Bisbee

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Clifford D. Sethness, WSBA # 14110
MORGAN, LEWIS & BOCKIUS LLP
300 South Grand Avenue
Twenty-Second Floor
Los Angeles, CA 90071-3132
Tel: [phone]
Fax: [phone]
[e-mail]

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Lincoln O. Bisbee (pro hac vice)
MORGAN, LEWIS & BOCKIUS LLP
1111 Pennsylvania Avenue, N.W.
Washington, DC 20004
Tel: [phone]

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STIPULATED MOTION TO CONTINUE DISPOSITIVE MOTIONS
DEADLINE AND PRETRIAL AND TRIAL DATES – 4

2:16-CV-01132 RSM

MORGAN, LEWIS & BOCKIUS LLP
1111 Pennsylvania Avenue, N.W.
Washington, DC 20004
+1.202.739.3000

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Fax: [phone]
[e-mail]

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Laurence A. Shapero, WSBA #31301
FOX ROTHSCHILD LLP
Safeco Plaza - Suite 4500
1001 Fourth Avenue
Seattle, WA 98154
Tel: [phone]
Fax: [phone]
[e-mail]
FOX ROTHSCHILD LLP

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Attorneys for Defendant The Boeing Company
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THE BLANKENSHIP LAW FIRM, P.S.

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By: s/ Scott C.G. Blankenship (w/ permission)
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Scott C. G. Blankenship
Jordan A. Taren
THE BLANKENSHIP LAW FIRM, P.S.
1000 Second Avenue, Suite 3250
Seattle, WA 98104
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

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Attorneys for Plaintiff Behrouz Shokri

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HAVING REVIEWED THE PARTIES’ STIPULATION, THE EXISTING TRIAL
DATE AND PRETRIAL DEADLINES ARE ORDERED TO BE EXTENDED AS
FOLLOWS:

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a. Dispositive motion deadline:

from October 24, 2017 to January 16, 2018

b. Motions in limine deadline:

from December 26, 2017 to March 20, 2018

c. Agreed pretrial order due:

from January 10, 2018 to April 4, 2018

d. Pretrial conference:

from January 10, 2018 to TBD

STIPULATED MOTION TO CONTINUE DISPOSITIVE MOTIONS
DEADLINE AND PRETRIAL AND TRIAL DATES – 5

2:16-CV-01132 RSM

MORGAN, LEWIS & BOCKIUS LLP
1111 Pennsylvania Avenue, N.W.
Washington, DC 20004
+1.202.739.3000

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e. Trial briefs, proposed voir dire
questions, jury instructions,
neutral statement of the
case, and trial exhibits due:

from January 10, 2018 to April 11, 2018

f. Jury trial:

from January 22, 2018 to April 16, 2018

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The Parties also request that the Court grant their stipulation to complete the continued
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deposition of Mr. Shokri and the deposition of Mr. Amoedo – as authorized by the Court’s
September 29 ruling – by no later than November 3, 2017.

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DATED this 19th day of October, 2017.

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A

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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STIPULATED MOTION TO CONTINUE DISPOSITIVE MOTIONS
DEADLINE AND PRETRIAL AND TRIAL DATES – 6

2:16-CV-01132 RSM

MORGAN, LEWIS & BOCKIUS LLP
1111 Pennsylvania Avenue, N.W.
Washington, DC 20004
+1.202.739.3000

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DB2/ 32108499

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STIPULATED MOTION TO CONTINUE DISPOSITIVE MOTIONS
DEADLINE AND PRETRIAL AND TRIAL DATES

2:16-CV-01132 RSM

MORGAN, LEWIS & BOCKIUS LLP
1111 Pennsylvania Avenue, N.W.
Washington, DC 20004
+1.202.739.3000