Twede et al v. University of Washington

Filing 45

ORDER granting in part and denying in part 44 Stipulated Motion to extend deadline for expert rebuttal testimony and the discovery cutoff. The Rebuttal Expert Disclosure/Reports are due by 2/6/2018. The court denies extending the discovery cutoff date. Signed by Judge James L. Robart. (PM)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 9 10 ERIK TWEDE, et al., Plaintiffs, 11 v. 12 13 ORDER DENYING STIPULATION TO EXTEND CASE SCHEDULE DEADLINES UNIVERSITY OF WASHINGTON, Defendant. 14 15 CASE NO. C16-1761JLR Before the court is the parties’ stipulated motion to extend the deadline for expert 16 rebuttal testimony to February 6, 2018, and the discovery cutoff to February 27, 2018. 17 (Stip. Mot. (Dkt. # 44).) The parties request an extension of the expert rebuttal deadline 18 and the discovery cutoff “to conserve resources pending the Court’s forthcoming 19 decision” on Defendant University of Washington’s (“UW”) motion to dismiss. (Id. at 1; 20 see also MTD (Dkt. # 32).) The court recently granted a similar stipulated motion 21 extending the expert rebuttal testimony deadline to January 16, 2018, and the discovery 22 cutoff to February 6, 2018. (12/15/17 Order (Dkt. # 43).) The court has considered the ORDER - 1 1 present motion and, as described below, GRANTS in part and DENIES in part the 2 parties’ stipulated motion. 3 The problem with the parties’ present request is that the dispositive motions 4 deadline is February 20, 2018. (See Sched. Order (Dkt. # 15) at 1.) The court issues 5 scheduling orders setting the trial and related dates to provide a reasonable schedule for 6 the resolution of disputes. The court generally sets the discovery cut-off approximately 7 30 days prior to the deadline for filing dispositive motions. This ensures that the court 8 has a complete record before it when it considers a motion that could potentially dispose 9 of the case. Second, the schedule generally provides approximately 90 days between the 10 deadline for filing dispositive motions and the trial date. This 90-day period takes into 11 account: (a) an approximate 30-day lag between the date a party files a motion and the 12 date that motion becomes ripe for the court’s consideration, see Local Rules W.D. Wash. 13 LCR 7(d)(3); and (b) an additional 30 days during which the court endeavors to rule on 14 the motion, see id. at LCR 7(b)(5). Anything short of a 90-day period leaves inadequate 15 time for the parties to consider the court’s ruling and plan accordingly for trial or an 16 alternate resolution. Further, by extending the discovery deadline beyond the dispositive 17 motions deadline, the court risks ruling on summary judgment in the absence of a 18 complete record. Thus, the court is unwilling to steal time from this 90-day period to 19 provide additional discovery time for the parties. 20 Nevertheless, the court is not without some flexibility with respect to the parties’ 21 case schedule. The court is willing to extend the rebuttal expert witness deadline to 22 February 6, 2018, because this date is consistent with the revised discovery cutoff of ORDER - 2 1 February 6, 2018 (see 12/15/17 Order) and still two weeks prior to the dispositive 2 motions deadline of February 20, 2018 (see Sched. Order). Therefore, the court grants 3 this request. The court is unwilling, however, to move the discovery cutoff to February 4 27, 2018, because this date falls after the February 20, 2018, dispositive motions 5 deadline. Therefore, the court denies this request. Accordingly, the court GRANTS in 6 part and DENIES in part the parties’ stipulated motion (Dkt. # 44) as described herein. 7 Dated this 11th day of January, 2018. 8 9 A 10 JAMES L. ROBART United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 ORDER - 3

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