Twede et al v. University of Washington
Filing
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ORDER granting in part and denying in part 59 Stipulated Motion to Extend the Briefing Schedule. Defendant's 52 MOTION to Limit Expert Witness Testimony is re-noted for 3/16/2018. Defendant's 54 MOTION for Partial Summary Judgment is re-noted for 3/23/2018. Signed by Judge James L. Robart. (PM)
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
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ERIK TWEDE, et al.,
Plaintiffs,
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v.
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UNIVERSITY OF WASHINGTON,
ORDER GRANTING IN PART
AND DENYING IN PART THE
PARTIES’ STIPULATED
MOTION TO EXTEND THE
BRIEFING SCHEDULE
Defendant.
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CASE NO. C16-1761JLR
Before the court is the parties’ stipulation to extend the response and noting dates
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for Defendant University of Washington’s (“UW”) motions for summary judgment and
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to limit expert witness testimony. (See Stip. (Dkt. # 59); see also MSJ (Dkt. # 54);
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MTLE (Dkt. # 52).) As discussed below, the court GRANTS in part and DENIES in part
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the parties’ stipulated motion.
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The parties propose extending the noting date for UW’s motion for summary
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judgment from March 16, 2018, to April 6, 2018, and extending the noting date for UW’s
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motion to limit expert testimony from March 9, 2018, to March 30, 2018. (Stip. at 1.)
ORDER - 1
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Extending the deadlines for Plaintiffs’ responses and the noting dates for these motions
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diminishes the court’s time to consider and decide these motions prior to the May 21,
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2018, trial date. As the parties acknowledge in their stipulation, the court explained in
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the February 21, 2018, telephone conference why the court is reluctant to shorten this
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time period. (See Stip. at 1-2; Min Entry (Dkt. # 56).) The court issues scheduling orders
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setting trial dates and related dates to provide a reasonable schedule for the resolution of
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disputes. The schedule generally provides for 90 days between the deadline for filing
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dispositive motions and the trial date. This 90-day period takes into account: (a) an
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approximate 30-day lag between the date a party files a motion and the date that motion
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becomes ripe for the court’s consideration, see Local Rules W.D. Wash. LCR 7(d)(3);
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and (b) an additional 30 days during which the court endeavors to rule on the motion, id.
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LCR 7(b)(5). Anything short of a 90-day period leaves inadequate time for the parties to
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consider the court’s ruling and plan for trial or an alternate resolution.
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Nevertheless, the court recognizes that some of the discovery in this case has
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occurred after the discovery cut-off. (See Min. Entry.) Further, the court acknowledges
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the parties’ representation that they will engage in mediation during the week of March 5,
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2018. (See Stip. at 2.) Accordingly, the court will grant an extension of the response
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deadlines and noting dates for the two motions at issue but not for as long as the parties
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requested. Plaintiffs’ response to UW’s motion to limit expert witness testimony is now
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due on Monday, March 12, 2018, and the noting date for that motion is extended to
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Friday, March 16, 2018. Plaintiffs’ response to UW’s motion for summary judgment is
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now due on Monday, March 19, 2018, and the noting date for that motion is extended to
ORDER - 2
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Friday, March 23, 2018. The court DIRECTS the Clerk to re-note UW’s motion to limit
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expert witness testimony (Dkt. # 52) to Friday, March 16, 2018, and to re-note UW’s
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motion for summary judgment (Dkt. # 54) to Friday, March 23, 2018.
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Dated this 2nd day of March, 2018.
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A
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JAMES L. ROBART
United States District Judge
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ORDER - 3
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