Bigham v. BNSF Railway Company

Filing 15

ORDER granting 14 Stipulated Motion to continue trial date and extend existing pretrial deadlines; Jury Trial is set for 1/16/2018 before Judge Ricardo S Martinez. Dispositive motions due by 9/18/2017, Motions in Limine due by 11/20/2017, Pretrial Order due by 1/3/2018, Trial briefs to be submitted by 1/10/2018, Proposed voir dire/jury instructions due by 1/10/2018, signed by Judge Ricardo S Martinez.(RS)

1
2
3
4
5
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

6
7

JEFFREY R. FORD, et al.,

CASE NO. 2:16-cv-01383-RSM

8
Plaintiff(s),
9
v.
10
11

STIPULATED MOTION & ORDER
TO CONTINUE TRIAL DATE
AND EXTEND EXISTING
PRETRIAL DEADLINES

BNSF RAILWAY COMPANY, a Delaware
corporation,

12

Defendant.

13
STIPULATION
14
15
16

The Parties, by and through their attorneys of record, pursuant to LCR 7(d)(1) and
LCR 10(g), hereby submit this Stipulated Motion to Continue Trial Date and to Extend Existing
Pretrial Deadlines.

17
18
19
20

The Parties stipulate to and jointly request an Order continuing the current
October 16, 2017 trial date until January 16, 2018, or as soon thereafter as may be convenient
for the Court. The parties additionally request that pretrial deadlines be extended in lock-step
with the new trial date.

21
BACKGROUND

22

By its Order Setting Trial and Related Dates entered January 24, 2017 (Dkt. 13), the
23
Court set this matter for trial on October 16, 2017, and also established a case schedule of
24
pretrial deadlines based upon that trial date.
25
26
STIPULATED MOTION & ORDER TO
CONTINUE TRIAL DATE AND EXTEND
EXISTING PRETRIAL DEADLINES
1503098.01

1

By its Order dated January 20, 2017 (Dkt. 12), the Court consolidated the above

2 captioned case with Case Nos. 2:16-cv-01384-RSM and 2:16-cv-01385-RSM for all future pre3 trial and trial purposes and ordered that one case schedule be issued for all matters.
4

The Parties stipulate to and jointly move the Court for a continuance of the trial date

5 until January 16, 2018, with a similar continuance the June 19, 2017 discovery deadline for
6 purposes of completing depositions, and the other remaining pretrial deadlines.
7

DISCUSSION

8

The parties have been and conferred and submit this stipulated motion in good faith.

9 The Parties have engaged in substantial written discovery and numerous depositions have been
10 noted during the days remaining until the currently scheduled discovery deadline of
11 June 19, 2017. Based upon his schedule and other commitments, including certain medical
12 appointments, counsel for the plaintiffs, George Thornton, is not able to participate in the
13 depositions as currently noticed and they cannot be completed by the current June 19, 2017
14 discovery deadline. The Parties believe that a two month continuance of the discovery deadline
15 will allow them the opportunity to schedule and complete all depositions. The Parties further
16 request that the remaining pretrial deadlines be continued correspondingly, to allow for
17 dispositive motions, mediation and, if necessary, trial preparation following completion of the
18 depositions.
19

The Parties have requested available dates from the Court’s staff for continuing the trial

20 and understand that January 16, 2018 is currently available. The proposed new deadlines are
21 set forth in Exhibit 1.
22
23
24
25
26
STIPULATED MOTION & ORDER TO
CONTINUE TRIAL DATE AND EXTEND
EXISTING PRETRIAL DEADLINES
1503098.01

1

AGREED AND STIPULATED TO this 8th day of June, 2017.

2

RYAN, SWANSON & CLEVELAND, PLLC

THORNTON MOSTUL HERSCHENSOHN,
PLLC

By

By /s/ George A. Thornton
George A. Thornton, WSBA #8198
Mark C. Mostul, WSBA #13257
1000 Second Avenue, Suite 3200
Seattle, Washington 98104
Tel: [phone]
Fax: [phone]

3
4
5
6
7
8

/s/ Bryan C. Graff
Bryan C. Graff, WSBA #38553
Madeline S. Davis, WSBA #51261
1201 Third Avenue, Suite 3400
Seattle, Washington 98101-3034
Tel: [phone]
Fax: [phone]
[e-mail]

9
10

ORDER

11
Based upon the foregoing Stipulation of the Parties, IT IS SO ORDERED.
12
13

15

A

16

RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

14

17
18
19
20
21
22
23
24
25
26
STIPULATED MOTION & ORDER TO
CONTINUE TRIAL DATE AND EXTEND
EXISTING PRETRIAL DEADLINES
1503098.01

1

EXHIBIT 1

2
Events

Current Dates

New Dates

3
TRIAL DATE

Monday, October 16, 2017

Tuesday, January 16, 2018

Discovery completed by

Monday, June 19, 2017

Friday, August 18, 2017

All dispositive motions must
be filed by and noted on the
motion calendar no later than
the fourth Friday thereafter
(Local CR 7(d)(3)

Tuesday, July 18, 2017

Monday, September 18, 2017

Mediation per LCR
39.1(c)(3), if requested by
the parties, held no later than

Friday, September 1, 2017

Wednesday, November 1, 2017

All motions in limine must be
filed by and noted on the
motion calendar no earlier
than the THIRD Friday
thereafter

Monday, September 18, 2017

Monday, November 20, 2017

Agreed pretrial order due

Wednesday, October 4, 2017

Wednesday, January 3, 2018

Wednesday, October 11, 2017

Wednesday, January 10, 2018

4
5
6
7
8
9
10
11
12
13
14
15
16
17
18

Pretrial conference to be
scheduled by the Court

19
20
21

Trial briefs, proposed voir
dire questions, proposed jury
instructions, and trial exhibits
due

22
23
24
25
26
STIPULATED MOTION & ORDER TO
CONTINUE TRIAL DATE AND EXTEND
EXISTING PRETRIAL DEADLINES
1503098.01