Braddock v. Zaycon Foods LLC et al

Filing 129

STIPULATION AND ORDER to Continue Trial Date and Existing Pretrial Deadlines re parties' 127 Stipulated Motion: After the Court enters orders on the pending summary judgment motions, the Court will set a status conference to set a new trial date and reset the remaining pretrial deadlines. Signed by Judge Thomas S. Zilly. (SWT)

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Judge Thomas S. Zilly 1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 10 11 12 RICHARD BRADDOCK, No. 2:16-cv-01756-TSZ 13 Plaintiff, 14 15 16 17 18 19 20 21 STIPULATED MOTION AND ORDER TO CONTINUE TRIAL DATE AND EXISTING PRETRIAL DEADLINES vs. ZAYCON FOODS, LLC, a Washington limited liability company; FRANK R. MARESCA, JANE DOE MARESCA and the marital community composed thereof; MICHAEL GIUNTA, JANE DOE GIUNTA and the marital community composed thereof; MIKE CONRAD, JANE DOE CONRAD and the marital community composed thereof; and ADAM KREMIN, JANE DOE KREMIN and the marital community composed thereof, 22 Defendants. 23 24 25 26 27 STIPULATED MOTION AND ORDER TO CONTINUE TRIAL DATE AND EXISTING PRETRIAL DEADLINES Case No. 2:16-cv-1756-TSZ LEE & HAYES, P.C. 601 West Riverside Ave., Suite 1400 Spokane, Washington 99201 Telephone: (509) 324-9256 Fax: (509) 323-8979 STIPULATION 1 2 Plaintiff Richard Braddock, and Defendants Zaycon Foods, LLC, Frank R. Maresca, 3 Michael Giunta, Mike Conrad, and Adam Kremin (collectively, the “Parties”), by and through their 4 attorneys of record, pursuant to LCR 7(d)(1) and LCR 10(g), submit this Stipulated Motion to 5 Continue Trial Date and Existing Pretrial Deadlines (the “Stipulation”). 6 The Parties stipulate to and jointly request an order continuing the current January 22, 2019 7 trial date, pretrial conference, and remaining pretrial deadlines until after the Court enters its 8 decisions on the Parties’ pending summary judgment motions. Dkt. #s 119, 124. The Parties also 9 request that the Court schedule a status conference after the Court’s decisions to schedule trial and 10 reset the remaining pretrial deadlines. BACKGROUND 11 12 By its Minute Order setting trial and pretrial deadlines entered on May 29, 2018, Dkt. # 91, 13 the Court set this mater for trial on January 22, 2019, and established a case schedule of pretrial 14 deadlines based on that trial date. 15 The Parties believe there is good cause for seeking a continuance of the trial date, pretrial 16 conference, and pretrial deadlines. Accordingly, the Parties stipulate to and jointly move the Court 17 for an order continuing the trial date and existing pretrial deadlines until after the Court enters 18 decisions on the Parties’ respective summary judgment motions. Dkt. #s 119, 124. The remaining 19 pretrial deadlines are currently set as follows: 20 • Motions in limine filing deadline December 20, 2018 21 • Agreed pretrial order deadline January 4, 2019 22 • Trial briefs deadline January 4, 2019 23 • Proposed finding of fact and conclusions of law, and designations of deposition testimony deadline January 7, 2019 • Pretrial conference January 11, 2019, 2:00 p.m. 24 25 26 27 STIPULATED MOTION AND ORDER TO CONTINUE TRIAL DATE AND EXISTING PRETRIAL DEADLINES - 1 Case No. 2:16-cv-1756-TSZ LEE & HAYES, P.C. 601 West Riverside Ave., Suite 1400 Spokane, Washington 99201 Telephone: (509) 324-9256 Fax: (509) 323-8979 DISCUSSION 1 2 The Parties have conferred and submit this stipulated motion in good faith. 3 At the outset of this action, the Parties moved to extend the trial date to allow additional 4 time to complete discovery in this matter and in a related matter involving an insurance coverage 5 dispute, among other reasons. Dkt. # 47. The Parties moved to extend the trial a second time to 6 facilitate a “pencils down” stay of 90 days to concentrate efforts and resources on a potential 7 settlement structure. Dkt. # 83. The Parties sought the extension after Plaintiff filed his First 8 Amended Complaint and after the Court struck Defendants’ Partial Motion for Summary Judgment 9 without prejudice with leave to refile. Dkt. # 74. 10 The Parties have completed discovery and each side has moved for summary judgment on 11 numerous claims. See Dkt. #s 119, 124. On October 24, 2018, Defendants Frank Maresca, Michael 12 Giunta, Mike Conrad, and Adam Kremin (the “Individual Defendants”) filed a motion for summary 13 judgment on all claims against them. Dkt. # 119. On October 25, 2018, Plaintiff filed a partial 14 summary judgment motion against all Defendants on his breach of contract claim and on Zaycon 15 Foods, LLC’s declaratory judgment counterclaim. Dkt. # 124. 16 Under the current schedule, the Parties must oppose each other’s summary judgment 17 motions on November 12, 2018, and replies in support thereof are due on November 16, 2018. 18 Concurrently with the filing of this Stipulation, however, the Parties have jointly moved the Court 19 to continue those deadlines by three weeks to accommodate counsels’ competing professional 20 obligations and travel schedules around the Thanksgiving holiday. If the Court grants the Parties’ 21 joint request to extend the opposition and reply deadlines, the Court will not be able to decide the 22 Parties’ dispositive motions until sometime after December 7, 2018. Even under the current 23 schedule, the Parties would need to begin preparing for trial while the motions are under 24 advisement. 25 Accordingly, the Parties have conferred with each other and, in the interest of conserving 26 the Parties’ and the Court’s resources, respectfully request that the Court continue the January 22, 27 STIPULATED MOTION AND ORDER TO CONTINUE TRIAL DATE AND EXISTING PRETRIAL DEADLINES - 2 Case No. 2:16-cv-1756-TSZ LEE & HAYES, P.C. 601 West Riverside Ave., Suite 1400 Spokane, Washington 99201 Telephone: (509) 324-9256 Fax: (509) 323-8979 1 2019 trial, the January 11, 2019 pretrial conference, 1 and the remaining pretrial deadlines until 2 after the Court enters its decisions. Otherwise, the Parties would need to incur substantial expense 3 to analyze and prepare motions in limine, trial briefs, and confer on the agreed pretrial order, among 4 other things, to prepare for trial on issues that may no longer be relevant after the Court enters its 5 decisions. Continuing the trial date may also conserve judicial resources because the Parties will 6 be in a much better position to reengage in settlement discussions once the Court has decided the 7 pending dispositive motions. 8 For these reasons, the Parties believe there is good cause for continuing the trial date and 9 related pretrial deadlines until after the dispositive motions are decided. The Parties respectfully 10 submit that the requested continuance is in the best interest of all Parties and the Court. AGREED TO AND STIPULATED this 5th day of November, 2018. 11 12 By: s/ Sarah E. Elden Sarah E. Elsden, WSBA #51158 Lee & Hayes, PC 601 W. Riverside Ave., Ste. 1400 Spokane, WA 99201 Telephone: (509) 944-4682 Fax: (509) 323-8979 Email: Sarah.Elsden@leehayes.com 13 14 15 16 17 Attorneys for Defendants Frank R. Maresca, Mike Conrad, and Adam Kremin 18 19 By: s/ Elizabeth L. Yingling Elizabeth L. Yingling, TSB #16935975 1900 North Pearl, Suite 1500 Dallas, Texas 75201 Telephone: (214) 978-3039 Facsimile: (214) 965-5972 Email: Elizabeth.yingling@bakermckenzie.com 20 21 22 23 24 and 25 26 1 27 Alternatively, the Parties are amenable to reserving this date as a status conference date in the event the Court has decided the pending summary judgment motions by then. STIPULATED MOTION AND ORDER TO CONTINUE TRIAL DATE AND EXISTING PRETRIAL DEADLINES - 3 Case No. 2:16-cv-1756-TSZ LEE & HAYES, P.C. 601 West Riverside Ave., Suite 1400 Spokane, Washington 99201 Telephone: (509) 324-9256 Fax: (509) 323-8979 Heidi B. Bradley, WSBA #35759 Genevieve York-Erwin, WSBA #49820 1420 Fifth Avenue, Suite 4200 P.O. Box 91302 Seattle, WA 98111-9402 Phone: (206) 223-7437 Fax: (206) 223-7107 Email: bradleyh@lanepowell.com Email: yorkerwing@lanepowell.com 1 2 3 4 5 6 Attorneys for Defendants Zaycon Foods, LLC and Michael Giunta 7 8 By: s/ David L. Tift David L. Tift, WSBA #13213 Michael Jay Brown, WSBA #9224 RYAN, SWANSON & CLEVELAND, PLLC 1201 Third Avenue, Suite 3400 Seattle, Washington 98101-3034 Telephone: (206) 464-4224 Facsimile: (206) 583-0359 Email: brown@ryanlaw.com Email: tift@ryanlaw.com 9 10 11 12 13 14 15 By: s/ David G. Trachtenberg David G. Trachtenberg, NYSB #1671023 Leonard A. Rodes, NYSB #1927144 Trachtenberg Rodes & Friedberg LLP 545 Fifth Avenue, Suite 640 New York, New York 10017 Phone: 212-972-2929 Fax: 212-972-7581 Email: dtrachtenberg@trflaw.com 16 17 18 19 20 Attorneys for Richard Braddock 21 22 23 24 25 26 27 STIPULATED MOTION AND ORDER TO CONTINUE TRIAL DATE AND EXISTING PRETRIAL DEADLINES - 4 Case No. 2:16-cv-1756-TSZ LEE & HAYES, P.C. 601 West Riverside Ave., Suite 1400 Spokane, Washington 99201 Telephone: (509) 324-9256 Fax: (509) 323-8979 ORDER 1 2 3 4 5 6 7 8 9 Based on the stipulation of the Parties, the Court finds good cause exists to continue the January 22, 2019, trial date and the remaining pretrial deadlines, as set forth in Dkt. # 91, until the Court enters its decisions on the Parties’ respective pending summary judgment motions, Dkt. #s 119, 124. After the Court enters orders on the pending summary judgment motions, the Court will set a status conference to set a new trial date and reset the remaining pretrial deadlines. IT IS SO ORDERED. Dated this 7th day of November, 2018. A 10 11 Thomas S. Zilly United States District Judge 12 13 Presented by: 14 15 16 17 18 19 By: s/ Sarah E. Elden Sarah E. Elsden, WSBA #51158 Lee & Hayes, PC 601 W. Riverside Ave., Ste. 1400 Spokane, WA 99201 Telephone: (509) 944-4682 Fax: (509) 323-8979 Email: Sarah.Elsden@leehayes.com 20 21 22 23 24 25 26 Attorneys for Defendants Frank R. Maresca, Mike Conrad, and Adam Kremin By: s/ Elizabeth L. Yingling Elizabeth L. Yingling, TSB #16935975 1900 North Pearl, Suite 1500 Dallas, Texas 75201 Telephone: (214) 978-3039 Facsimile: (214) 965-5972 Email: Elizabeth.yingling@bakermckenzie.com 27 STIPULATED MOTION AND ORDER TO CONTINUE TRIAL DATE AND EXISTING PRETRIAL DEADLINES - 5 Case No. 2:16-cv-1756-TSZ LEE & HAYES, P.C. 601 West Riverside Ave., Suite 1400 Spokane, Washington 99201 Telephone: (509) 324-9256 Fax: (509) 323-8979 1 2 Attorneys for Defendants Zaycon Foods, LLC and Michael Giunta 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 By: s/ David L. Tift David L. Tift, WSBA #13213 Michael Jay Brown, WSBA #9224 RYAN, SWANSON & CLEVELAND, PLLC 1201 Third Avenue, Suite 3400 Seattle, Washington 98101-3034 Telephone: (206) 464-4224 Facsimile: (206) 583-0359 Email: brown@ryanlaw.com Email: tift@ryanlaw.com By: s/ David G. Trachtenberg David G. Trachtenberg, NYSB #1671023 Leonard A. Rodes, NYSB #1927144 Trachtenberg Rodes & Friedberg LLP 545 Fifth Avenue, Suite 640 New York, New York 10017 Phone: 212-972-2929 Fax: 212-972-7581 Email: dtrachtenberg@trflaw.com Attorneys for Richard Braddock 18 19 20 21 22 23 24 25 26 27 STIPULATED MOTION AND ORDER TO CONTINUE TRIAL DATE AND EXISTING PRETRIAL DEADLINES - 6 Case No. 2:16-cv-1756-TSZ LEE & HAYES, P.C. 601 West Riverside Ave., Suite 1400 Spokane, Washington 99201 Telephone: (509) 324-9256 Fax: (509) 323-8979

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