Boule v. Egbert et al

Filing 77

ORDER granting Defendant's 60 Motion to Compel; granting in part Defendant's 63 Motion for Extension of Deadlines for Certain Discovery and Dispositive Motions. The Court shall strike the current trial date of 7/23/2018 and pre-trial deadlines from the discovery deadline forward. Parties to file a Joint Status Report within 14 days. Signed by Judge Ricardo S Martinez. (PM)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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ROBERT BOULE,
Plaintiff,

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Case No. C17-0106RSM

v.
ERIK EGBERT, et al.,

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ORDER GRANTING MOTION TO
COMPEL AND FOR EXTENSION OF
DISCOVERY DEADLINE

Defendants.

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THIS MATTER comes before the Court on Defendant’s Motions to Compel Discovery

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(Dkt. #60) and for Extension of Deadlines for Certain Discovery and Dispositive Motions (Dkt.

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#63). Plaintiff did not oppose the motion. Dkt. #69. Non-parties U.S. Customs and Border

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Protection (“CBP”) and U.S. Immigration and Customs Enforcement (“ICE”) essentially respond
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that the information sought by Defendant Egbert may now be disclosed. Dkt. #56. The Agencies

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do not address or oppose the substantive arguments made by Defendant Egbert as to the scope of

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documents and/or information he is seeking. Id.

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Pursuant to this Court’s Local Civil Rules, “[e]xcept for motions for summary judgment,

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if a party fails to file papers in opposition to a motion, such failure may be considered by the

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court as an admission that the motion has merit.” LCR 7(b)(2). The Court deems the Agencies’

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failure to respond to all of Defendant Egbert’s motion to be such an admission in this case.

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Accordingly, having reviewed the motions, the responses thereto and replies in support
thereof, along with the remainder of the record, the Court hereby finds and ORDERS:

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ORDER
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1. Defendant’s Motion to Compel (Dkt. #60) is GRANTED. For the reasons set forth

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by Defendant Egbert in his motion and reply brief, the Court agrees that an Order

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compelling the completion of discovery is warranted. Accordingly:

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a. No later than fourteen (14) days from the date of this Order, ICE and CBP

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shall produce the records responsive to Agent Egbert’s subpoenas;
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b. No later than ten (10) days from the date of this Order, ICE and CBP shall

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issue to Plaintiff’s counsel written authorization for Mr. Boule to testify freely

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about all relevant issues in this matter;

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c. No later than ten (10) days from the date of this Order, ICE and CBP shall

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issue to defense counsel written authorization for Agent Egbert and nonparty
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witnesses, including Agent Olson and former Agent Andersen, to disclose and

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testify about all relevant information regarding Mr. Boule and the Smuggler’s

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Inn;

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d. No later than twenty-one (21) days from the date of this Order, Mr.

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Boule’s deposition shall be resumed;

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e. CBP and ICE shall pay the reasonable fees and costs Agent Egbert incurred

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to bring this motion, and the reasonable fees and costs Agent Egbert will incur

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to take the resumed depositions of Mr. Boule and Agent Olson. No later than

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14 days after the depositions of Mr. Boule and Agent Olson, Defendant

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Egbert shall submit a supplemental motion for attorney fees, supported with a

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Declaration of his fees associated with his Motion to Compel and the

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continued depositions of Mr. Boule and Agent Olson. The supplemental

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motion shall be noted for the second Friday after it is filed. The Agencies and

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ORDER
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Plaintiff may file Responses no later than the Monday before the noting date,

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addressing only the reasonableness of the fees requested. No Reply shall be

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filed.

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f. Nothing in this Order shall be construed to prevent Plaintiff’s counsel from

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making good-faith objections pursuant to FRCP 30(c) during his deposition
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that are unrelated to alleged confidentiality issues.

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2. Defendant’s Motion for an Extension of Deadlines for Certain Discovery and

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Dispositive Motions (Dkt. #63) is GRANTED IN PART. For the reasons set forth in

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Defendant’s motion, the Court finds good cause for an extension of the discovery

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deadline for certain areas of discovery and for dispositive motions. However, due to
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the timing of this Order and the fact that documents remain to be produced and

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depositions to be taken, and the fact that a trial in this matter is currently scheduled

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for July 23, 2018, the Court shall STRIKE THE CURRENT TRIAL DATE AND

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PRE-TRIAL DEADLINES from the discovery deadline forward. No later than

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fourteen (14) days from the date of this Order, the parties shall meet and confer

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and submit a Joint Status Report proposing a new trial date and associated pre-

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trial deadlines for the Court’s consideration. The parties are free to contact the

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Court’s In-Court Deputies for available trial dates prior to submitting the Joint

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Status Report.

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DATED this 14 day of May, 2018

A

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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ORDER
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