Swift v. Icicle Seafoods, Inc. et al

Filing 13

ORDER granting 12 Stipulated Motion to Continue discovery and related deadlines; the deadline to disclose expert testimony under FRCP 26(a)(2) is continued to July 14, 2017, and the deadline to note all motions related to discovery is continued to August 11, 2017 by Judge Ricardo S Martinez.(RS)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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JEFFREY SWIFT,

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No. 2:16-cv-1483-RSM
Plaintiff,

STIPULATED MOTION AND ORDER
TO CONTINUE DISCOVERY AND
RELATED DEADLINES

v.
ICICLE SEAFOODS, INC AND ICICLE VESSEL
HOLDING, INC,

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Defendants.
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I.

MOTION

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Subject to the Court’s approval, Plaintiff Jeffrey Swift and Defendants Icicle Seafoods,

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Inc. and Icicle Vessel Holding, Inc., by and through their undersigned counsel, hereby stipulate

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to the continuance of the (1) deadline to disclose expert testimony and (2) deadline to note all

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discovery-related motions, established by this Court’s Order Setting Trial Date and Related

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Dates (ECF No. 11). The Parties do not seek a continuance of the December 11, 2017 trial

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date or any other pre-trial deadlines at this time.

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II.
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STIPULATION

This is a seaman’s personal injury action for injuries allegedly sustained by

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Plaintiff Jeffrey Swift while employed by Icicle Seafoods, Inc. and in service of the vessel P/V

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R.M. THORSTENSEN.
{28381-00308551;2}

STIPULATED MOTION AND ORDER TO
CONTINUE DISCOVERY AND RELATED DEADLINES – Page 1

Le Gros Buchanan
& Paul
4025 Delridge way sw
SUITE 500
SEATTLE, WASHINGTON 98106-1271
[phone]

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2.

The Parties have worked in good faith to complete discovery and have diligently

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pursued discovery. The Parties have propounded multiple sets of written discovery requests

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and together produced over 900 pages of documents. On April 10, 2017, Plaintiff underwent

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medical examinations performed by medical experts of both Parties. Defendants deposed

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Plaintiff on April 12, 2017.

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3.

The Parties have discussed the possibility of deposing additional crewmembers

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of the P/V R.M. THORSTENSEN and conducting an inspection of the vessel. These discovery

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items have been tentatively scheduled for June 2017.

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4.

The Parties stipulate to the continuance of the deadline to disclose expert

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testimony from June 14, 2017 to July 14, 2017, and the deadline to note discovery-related

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motions from July 14, 2017 to August 11, 2017.

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5.

The continuance of these deadlines will permit the Parties to complete several

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critical areas of fact discovery so they can evaluate the possibilities of settlement, mediation,

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or other ADR methods before incurring significant additional litigation costs associated with

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expert discovery and completing other areas of fact discovery.

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6.

The Parties have not requested a previous continuance.

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7.

The Parties do not request a continuance of the December 11, 2017 trial date or

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any other pre-trial deadlines set forth in the Court’s Order Setting Trial Date and Related Dates

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(ECF No. 11) at this time.

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8.

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schedule:

Subject to the Court’s approval, the Parties propose the following amended case

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{28381-00308551;2}

STIPULATED MOTION AND ORDER TO
CONTINUE DISCOVERY AND RELATED DEADLINES – Page 2

Le Gros Buchanan
& Paul
4025 Delridge way sw
SUITE 500
SEATTLE, WASHINGTON 98106-1271
[phone]

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Event

Current Date

Proposed Date

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TRIAL DATE

December 11, 2017

December 11, 2017

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Disclosure of expert testimony under FRCP
26(a)(2)

June 14, 2017

July 14, 2017

July 14, 2017

August 11, 2017

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All motions related to discovery must be
noted on the motion calendar no later than
the Friday before discovery closes pursuant
to CR 7(d)(3) or CR 7(a)(2)(B)

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Discovery completed by

August 14, 2017

August 14, 2017

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

September 12, 2017

September 12, 2017

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

October 27, 2017

October 27, 2017

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

November 13, 2017

November 13, 2017

Agreed pretrial order

November 29, 2017

November 29, 2017

Pretrial conference to be scheduled by the
Court

November 29, 2017

November 29, 2017

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

December 6, 2017

December 6, 2017

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DATED this 9th day of May, 2017.
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{28381-00308551;2}

STIPULATED MOTION AND ORDER TO
CONTINUE DISCOVERY AND RELATED DEADLINES – Page 3

Le Gros Buchanan
& Paul
4025 Delridge way sw
SUITE 500
SEATTLE, WASHINGTON 98106-1271
[phone]

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O’BRYAN BAUN KARAMANIAN

LE GROS, BUCHANAN & PAUL

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By: s/Gary W.M. Baun

By: s/David C. Bratz

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GARY W.M. BAUN
401 South Old Woodward Ave., Suite 463
Birmingham, MI 48009
Telephone: [phone]
Facsimile: 248-258-6047
Email: [e-mail]

By: s/Daniel J. Park

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Attorneys for Plaintiff
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DAVIS LAW GROUP, P.S.

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DAVID C. BRATZ, WSBA #15235
DANIEL J. PARK, WSBA #43748
4025 Delridge Way SW, Suite 500
Seattle, WA 98106
Telephone: [phone]
Facsimile: 206-467-4828
Email: [e-mail]
Email: [e-mail]

By: s/Christopher M. Davis

Attorneys for Defendants
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CHRISTOPHER M. DAVIS, WSBA #23234
2101 Fourth Ave., Suite 1030
Seattle, WA 98121
Telephone: [phone]
Facsimile: 206-727-4001
Email: [e-mail]

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Attorneys for Plaintiff

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ORDER

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Pursuant to the Parties’ Stipulated Motion, the deadline to disclose expert testimony

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under FRCP 26(a)(2) is continued to July 14, 2017, and the deadline to note all motions related
to discovery is continued to August 11, 2017.
IT IS SO ORDERED.

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{28381-00308551;2}

STIPULATED MOTION AND ORDER TO
CONTINUE DISCOVERY AND RELATED DEADLINES – Page 4

Le Gros Buchanan
& Paul
4025 Delridge way sw
SUITE 500
SEATTLE, WASHINGTON 98106-1271
[phone]

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DATED this 10th day of May, 2017.

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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{28381-00308551;2}

STIPULATED MOTION AND ORDER TO
CONTINUE DISCOVERY AND RELATED DEADLINES – Page 5

Le Gros Buchanan
& Paul
4025 Delridge way sw
SUITE 500
SEATTLE, WASHINGTON 98106-1271
[phone]