Northwest Environmental Advocates v. U.S. Department of Commerce et al

Filing 126

ORDER granting Plaintiff's 120 Motion for extension of discovery deadlines, pretrial deadlines, and the trial date. Bench Trial is continued to 6/3/2019 at 09:30 AM before U.S. District Judge John C Coughenour, Expert Witness Disclos ure/Reports under FRCP 26(a)(2) due by 12/14/2018, Discovery completed by 2/3/2019, Dispositive motions due by 3/5/2019, Proposed pretrial order due by 5/22/2019, Trial briefs to be submitted by 5/29/2019. Signed by U.S. District Judge John C Coughenour. (PM)

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THE HONORABLE JOHN C. COUGHENOUR 1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 9 10 11 NORTHWEST ENVIRONMENTAL ADVOCATES, CASE NO. C16-1866-JCC ORDER Plaintiff, v. 12 13 THE U.S. DEPARTMENT OF COMMERCE, et al., 14 Defendants. 15 16 This matter comes before the Court on Plaintiff’s motion for extension of discovery 17 deadlines, pretrial deadlines, and the trial date (Dkt. No. 120). The motion is opposed by 18 Defendants and Defendant-Intervenor. (Dkt. Nos. 121, 124.) Having thoroughly considered the 19 parties’ briefing and the relevant record, the Court hereby GRANTS the motion for the reasons 20 explained herein. 21 The facts of this case have been outlined in previous orders. (See, e.g., Dkt. No. 39.) The 22 current deadlines are as follows: the discovery deadline is October 7, 2018; the dispositive 23 motions deadline is November 6, 2018; the proposed pretrial order is due January 25, 2019; trial 24 briefs are due January 31, 2019; and trial is set for February 4, 2019. (Dkt. No. 55.) Plaintiff now 25 requests that the Court extend all of these deadlines by approximately four months and add an 26 expert disclosure deadline. (Dkt. No. 120 at 2–3.) Plaintiff’s request for a continuance is based ORDER C16-1866-JCC PAGE - 1 1 on: (1) the fact that Plaintiff has been focusing its resources in this case on its Coastal Zone Act 2 Reauthorization Amendments claims, which were scheduled to be resolved first; (2) the fact that 3 this request is Plaintiff’s first; (3) that Plaintiff expects Defendants to dispute Plaintiff’s 4 discovery requests and, with the current deadline set as it is, Plaintiff will not have time to 5 submit additional discovery requests and settle discovery disputes; and (4) the complexity of the 6 case and claims. (Id. at 3–4.) 7 The Court concludes good cause exists to continue this case’s deadlines. Plaintiff has 8 diligently pursued prosecution of this case and has diligently pursued discovery. Moreover, the 9 Court finds that a continuance of discovery deadlines would not prejudice Defendants or 10 Defendant-Intervenor. Keeping in mind that the Court altered some of the suggested dates, the 11 Court GRANTS the motion to extend deadlines to the following dates: 12 1. Expert disclosures are due by December 14, 2018; 13 2. The discovery cutoff is February 3, 2019; 14 3. Dispositive motions are due by March 5, 2019; 15 4. Proposed pretrial order is due by May 22, 2019; 16 5. Trial briefs are due by May 29, 2019; 17 6. Trial to begin June 3, 2019 at 9:30 a.m. 18 DATED this 26th day of September 2018. A 19 20 21 John C. Coughenour UNITED STATES DISTRICT JUDGE 22 23 24 25 26 ORDER C16-1866-JCC PAGE - 2

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