Hartley et al v. Bank of America, N.A. et al

Filing 70

SECOND AMENDED ORDER SETTING TRIAL DATE & RELATED DATES re parties' 69 Stipulated Motion: Jury Trial is set for 1/7/2019 before Judge Robert S. Lasnik; Length of trial: 10 days. Expert Witness Disclosure/Reports under FRCP 26(a)(2 ) due by 7/11/2018, Discovery completed by 9/9/2018, Dispositive motions due by 10/9/2018, Motions in Limine due by 12/10/2018, Pretrial Order due by 12/26/2018, Attorney settlement conference to be held by 9/23/2018, Trial briefs to be submitted by 1/2/2019, Proposed voir dire/jury instructions due by 1/2/2019, signed by Judge Robert S. Lasnik.(SWT)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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8 ROBIN D. HARTLEY, et al.,
Plaintiffs,

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v.

11 BANK OF AMERICA, N.A., et al.,

Case No. C16-1640RSL
SECOND AMENDED ORDER
SETTING TRIAL DATE &
RELATED DATES

Defendants.

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13 TRIAL DATE

January 7, 2019

14 Reports from expert witnesses under FRCP 26(a)(2) due

July 11, 2018

15 All motions related to discovery must be noted on the motion
calendar no later than the Friday before discovery closes
pursuant to LCR 7(d) or LCR 37(a)(2)
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17 Discovery completed by

September 9, 2018

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Settlement conference held no later than

September 23, 2018

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

October 9, 2018

All motions in limine must be filed by and noted on the motion
calendar no earlier than the second Friday thereafter.
Replies will be accepted.

December 10, 2018

Agreed pretrial order due

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December 26, 2018

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Pretrial conference to be scheduled by the Court
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SECOND AMENDED ORDER SETTING TRIAL DATE & RELATED
DATES - 1

1 Trial briefs, proposed voir dire questions, proposed jury
instructions, and trial exhibits due
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Length of Trial: 10 days
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January 2, 2019
Jury

These dates are set at the direction of the Court after reviewing the “Stipulated Joint

5 Motion for Continuance of Trial and Related Deadlines” submitted by the parties. Dkt. # 69. All
6 other dates have already passed or are specified in the Local Civil Rules. If any of the dates
7 identified in this Order or the Local Civil Rules fall on a weekend or federal holiday, the act or
8 event shall be performed on the next business day. These are firm dates that can be changed
9 only by order of the Court, not by agreement of counsel or the parties. The Court will alter these
10 dates only upon good cause shown; failure to complete discovery within the time allowed is not
11 recognized as good cause.
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If the trial date assigned to this matter creates an irreconcilable conflict, counsel must

13 notify Teri Roberts, the judicial assistant, at 206-370-8810 within 10 days of the date of this
14 Order and must set forth the exact nature of the conflict. A failure to do so will be deemed a
15 waiver. Counsel must be prepared to begin trial on the date scheduled, but it should be
16 understood that the trial may have to await the completion of other cases.
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The settlement conference conducted between the close of discovery and the filing of

18 dispositive motions requires a face-to-face meeting or a telephone conference between persons
19 with authority to settle the case. The settlement conference does not have to involve a third20 party neutral.
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ALTERATIONS TO ELECTRONIC FILING PROCEDURES AND LOCAL RULES
Information and procedures for electronic filing can be found on the Western District of

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SECOND AMENDED ORDER SETTING TRIAL DATE & RELATED
DATES - 2

1 Washington’s website at www.wawd.uscourts.gov. Pro se litigants may file either
2 electronically or in paper form. The following alterations to the Electronic Filing Procedures
3 apply in all cases pending before Judge Lasnik:
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– Alteration to LCR 10(e)(9) - Effective July 1, 2014, the Western District of

5 Washington will no longer accept courtesy copies in 3-ring binders. All courtesy copies must be
6 3-hole punched, tabbed, and bound by rubber bands or clips. If any courtesy copies are delivered
7 to the intake desk or chambers in 3-ring binders, the binders will be returned immediately. This
8 policy does NOT apply to the submission of trial exhibits.
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– Alteration to Section III, Paragraph M of the Electronic Filing Procedures - Unless the

10 proposed order is stipulated, agreed, or otherwise uncontested, the parties need not e-mail a copy
11 of the order to the judge’s e-mail address.
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– Pursuant to LCR 10(e)(10), all references in the parties’ filings to exhibits should be as

13 specific as possible (i.e., the reference should cite the specific page numbers, paragraphs, line
14 numbers, etc.). All exhibits must be marked to designate testimony or evidence referred to in the
15 parties’ filings. Filings that do not comply with LCR 10(e) may be rejected and/or returned to
16 the filing party, particularly if a party submits lengthy deposition testimony without highlighting
17 or other required markings.
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– Alteration to LCR 7(d)(4) - Any motion in limine must be filed by the date set forth

19 above and noted on the motion calendar no earlier than the second Friday thereafter. Any
20 response is due on or before the Wednesday before the noting date. Parties may file and serve
21 reply memoranda, not to exceed nine pages in length, on or before the noting date.
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PRIVACY POLICY
Pursuant to Federal Rule of Civil Procedure 5.2 and LCR 5.2, parties must redact the

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SECOND AMENDED ORDER SETTING TRIAL DATE & RELATED
DATES - 3

1 following information from documents and exhibits before they are filed with the court:
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* Dates of Birth - redact to the year of birth

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* Names of Minor Children - redact to the initials

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* Social Security Numbers and Taxpayer Identification Numbers - redact in their entirety

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* Financial Accounting Information - redact to the last four digits

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* Passport Numbers and Driver License Numbers - redact in their entirety

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All documents filed in the above-captioned matter must comply with Federal Rule of

8 Civil Procedure 5.2 and LCR 5.2.
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COOPERATION

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As required by LCR 37(a), all discovery matters are to be resolved by agreement if

11 possible. Counsel are further directed to cooperate in preparing the final pretrial order in the
12 format required by LCR 16.1, except as ordered below.
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TRIAL EXHIBITS
The original and one copy of the trial exhibits are to be delivered to chambers five days

15 before the trial date. Each exhibit shall be clearly marked. Exhibit tags are available in the
16 Clerk’s Office. The Court hereby alters the LCR 16.1 procedure for numbering exhibits:
17 plaintiff’s exhibits shall be numbered consecutively beginning with 1; defendant’s exhibits shall
18 be numbered consecutively beginning with 500. Duplicate documents shall not be listed twice:
19 once a party has identified an exhibit in the pretrial order, any party may use it. Each set of
20 exhibits shall be submitted in a three-ring binder with appropriately numbered tabs.
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SETTLEMENT
Should this case settle, counsel shall notify the Deputy Clerk, Kerry Simonds, at 206-

23 370-8519, as soon as possible. Pursuant to LCR 11(b), an attorney who fails to give the Deputy
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SECOND AMENDED ORDER SETTING TRIAL DATE & RELATED
DATES - 4

1 Clerk prompt notice of settlement may be subject to such discipline as the Court deems
2 appropriate.
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Dated this 26th day of January, 2018.

A
Robert S. Lasnik
United States District Judge

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SECOND AMENDED ORDER SETTING TRIAL DATE & RELATED
DATES - 5