Braddock v. Maresca 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)

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: [phone] Fax: [phone]

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: [phone] Fax: [phone]

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: [phone] Fax: [phone]

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: [phone]
Fax: [phone]
Email: [e-mail]

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: [phone]
Facsimile: [phone]
Email: [e-mail]

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: [phone] Fax: [phone]

Heidi B. Bradley, WSBA #35759
Genevieve York-Erwin, WSBA #49820
1420 Fifth Avenue, Suite 4200
P.O. Box 91302
Seattle, WA 98111-9402
Phone: [phone]
Fax: [phone]
Email: [e-mail]
Email: [e-mail]

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: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]

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: [phone]
Fax: [phone]
Email: [e-mail]

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: [phone] Fax: [phone]

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: [phone]
Fax: [phone]
Email: [e-mail]

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: [phone]
Facsimile: [phone]
Email: [e-mail]

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: [phone] Fax: [phone]

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: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
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: [phone]
Fax: [phone]
Email: [e-mail]
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: [phone] Fax: [phone]