DiNardo v. WOW 1 DAY Painting LLC

Filing 32

ORDER regarding parties' 31 Stipulated Motion to Extend Discovery and Discovery Motion; parties shall file a joint notice within two (2) days of the filing of this order indicating their agreement or lack of agreement to the court's condition, signed by Judge James L. Robart. (SWT)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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VAL DINARDO,

CASE NO. C16-1600JLR
Plaintiff,

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v.
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WOW 1 DAY PAINTING LLC,
Defendant.

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ORDER REGARDING
STIPULATED MOTION TO
EXTEND DISCOVERY AND
DISCOVERY MOTION
DEADLINES

Before the court is the parties’ stipulated motion to extend the discovery cutoff

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and the deadline for filing discovery motions. (Stip. (Dkt. # 31).) The parties’ only

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justification for seeking these extensions is that they “are working to complete discovery

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and counsel for the plaintiff have an unrelated trial conflict that is taking their attention.”

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(Id. at 1.)

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The court’s scheduling order states that the court will alter case schedule deadlines

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“only upon good cause shown.” (Sched. Ord. (Dkt. # 29) at 2.) The scheduling order

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specifies that “failure to complete discovery within the time allowed is not recognized as

ORDER - 1

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good cause.” (Id.) Further, in addition to counsel at Reid & Reige, PC, Plaintiff Val

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Dinardo also has local counsel at Ryan, Swanson & Cleveland. (See Dkt.) The court has

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every confidence that if Plaintiff’s counsel at Reid & Reige is preoccupied with another

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case that is going to trial soon, Plaintiff’s local counsel at Ryan, Swanson & Cleveland is

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fully capable of handling this litigation. Accordingly, the court finds that the parties have

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failed to demonstrate good cause for any alteration to the case schedule.

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Nevertheless, the court is not without some flexibility in accommodating the

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parties’ request. The court will grant the parties’ stipulated motion so long as the parties

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agree that henceforth they will bring any discovery motion in this litigation as a Local

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Rule LCR 7(i) telephonic motion. See Local Rules W.D. Wash. LCR 7(i). In the event

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that a conflict concerning discovery arises that the parties are unable to resolve without

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the court’s intervention, the court will permit the parties to file simultaneous two-page

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letters briefly describing the dispute. The court will then conduct a telephonic conference

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pursuant to Local Rule LCR 7(i) and rule on the issue. See id. Assuming the parties

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agree to this procedure, the court will grant the extension they request. Otherwise, the

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court will deny their stipulated motion. The parties shall file a joint notice within two (2)

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ORDER - 2

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days of the filing of this order indicating their agreement or lack of agreement to the

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court’s condition.

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Dated this 10th day of October, 2017.

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A

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JAMES L. ROBART
United States District Judge

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ORDER - 3