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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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 9 10 VAL DINARDO, CASE NO. C16-1600JLR Plaintiff, 11 v. 12 13 WOW 1 DAY PAINTING LLC, Defendant. 14 15 ORDER REGARDING STIPULATED MOTION TO EXTEND DISCOVERY AND DISCOVERY MOTION DEADLINES Before the court is the parties’ stipulated motion to extend the discovery cutoff 16 and the deadline for filing discovery motions. (Stip. (Dkt. # 31).) The parties’ only 17 justification for seeking these extensions is that they “are working to complete discovery 18 and counsel for the plaintiff have an unrelated trial conflict that is taking their attention.” 19 (Id. at 1.) 20 The court’s scheduling order states that the court will alter case schedule deadlines 21 “only upon good cause shown.” (Sched. Ord. (Dkt. # 29) at 2.) The scheduling order 22 specifies that “failure to complete discovery within the time allowed is not recognized as ORDER - 1 1 good cause.” (Id.) Further, in addition to counsel at Reid & Reige, PC, Plaintiff Val 2 Dinardo also has local counsel at Ryan, Swanson & Cleveland. (See Dkt.) The court has 3 every confidence that if Plaintiff’s counsel at Reid & Reige is preoccupied with another 4 case that is going to trial soon, Plaintiff’s local counsel at Ryan, Swanson & Cleveland is 5 fully capable of handling this litigation. Accordingly, the court finds that the parties have 6 failed to demonstrate good cause for any alteration to the case schedule. 7 Nevertheless, the court is not without some flexibility in accommodating the 8 parties’ request. The court will grant the parties’ stipulated motion so long as the parties 9 agree that henceforth they will bring any discovery motion in this litigation as a Local 10 Rule LCR 7(i) telephonic motion. See Local Rules W.D. Wash. LCR 7(i). In the event 11 that a conflict concerning discovery arises that the parties are unable to resolve without 12 the court’s intervention, the court will permit the parties to file simultaneous two-page 13 letters briefly describing the dispute. The court will then conduct a telephonic conference 14 pursuant to Local Rule LCR 7(i) and rule on the issue. See id. Assuming the parties 15 agree to this procedure, the court will grant the extension they request. Otherwise, the 16 court will deny their stipulated motion. The parties shall file a joint notice within two (2) 17 // 18 // 19 // 20 // 21 // 22 // ORDER - 2 1 days of the filing of this order indicating their agreement or lack of agreement to the 2 court’s condition. 3 Dated this 10th day of October, 2017. 4 5 A 6 JAMES L. ROBART United States District Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ORDER - 3

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