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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1 2 3 4 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 5 6 7 ROBERT BOULE, Plaintiff, 8 9 10 Case No. C17-0106RSM v. ERIK EGBERT, et al., 11 ORDER GRANTING MOTION TO COMPEL AND FOR EXTENSION OF DISCOVERY DEADLINE Defendants. 12 13 THIS MATTER comes before the Court on Defendant’s Motions to Compel Discovery 14 (Dkt. #60) and for Extension of Deadlines for Certain Discovery and Dispositive Motions (Dkt. 15 #63). Plaintiff did not oppose the motion. Dkt. #69. Non-parties U.S. Customs and Border 16 Protection (“CBP”) and U.S. Immigration and Customs Enforcement (“ICE”) essentially respond 17 18 that the information sought by Defendant Egbert may now be disclosed. Dkt. #56. The Agencies 19 do not address or oppose the substantive arguments made by Defendant Egbert as to the scope of 20 documents and/or information he is seeking. Id. 21 Pursuant to this Court’s Local Civil Rules, “[e]xcept for motions for summary judgment, 22 23 if a party fails to file papers in opposition to a motion, such failure may be considered by the 24 court as an admission that the motion has merit.” LCR 7(b)(2). The Court deems the Agencies’ 25 failure to respond to all of Defendant Egbert’s motion to be such an admission in this case. 26 27 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: 28 ORDER PAGE - 1 1 1. Defendant’s Motion to Compel (Dkt. #60) is GRANTED. For the reasons set forth 2 by Defendant Egbert in his motion and reply brief, the Court agrees that an Order 3 compelling the completion of discovery is warranted. Accordingly: 4 a. No later than fourteen (14) days from the date of this Order, ICE and CBP 5 shall produce the records responsive to Agent Egbert’s subpoenas; 6 b. No later than ten (10) days from the date of this Order, ICE and CBP shall 7 8 issue to Plaintiff’s counsel written authorization for Mr. Boule to testify freely 9 about all relevant issues in this matter; 10 c. No later than ten (10) days from the date of this Order, ICE and CBP shall 11 issue to defense counsel written authorization for Agent Egbert and nonparty 12 13 witnesses, including Agent Olson and former Agent Andersen, to disclose and 14 testify about all relevant information regarding Mr. Boule and the Smuggler’s 15 Inn; 16 d. No later than twenty-one (21) days from the date of this Order, Mr. 17 Boule’s deposition shall be resumed; 18 19 e. CBP and ICE shall pay the reasonable fees and costs Agent Egbert incurred 20 to bring this motion, and the reasonable fees and costs Agent Egbert will incur 21 to take the resumed depositions of Mr. Boule and Agent Olson. No later than 22 14 days after the depositions of Mr. Boule and Agent Olson, Defendant 23 Egbert shall submit a supplemental motion for attorney fees, supported with a 24 25 Declaration of his fees associated with his Motion to Compel and the 26 continued depositions of Mr. Boule and Agent Olson. The supplemental 27 motion shall be noted for the second Friday after it is filed. The Agencies and 28 ORDER PAGE - 2 Plaintiff may file Responses no later than the Monday before the noting date, 1 2 addressing only the reasonableness of the fees requested. No Reply shall be 3 filed. 4 f. Nothing in this Order shall be construed to prevent Plaintiff’s counsel from 5 making good-faith objections pursuant to FRCP 30(c) during his deposition 6 that are unrelated to alleged confidentiality issues. 7 8 2. Defendant’s Motion for an Extension of Deadlines for Certain Discovery and 9 Dispositive Motions (Dkt. #63) is GRANTED IN PART. For the reasons set forth in 10 Defendant’s motion, the Court finds good cause for an extension of the discovery 11 deadline for certain areas of discovery and for dispositive motions. However, due to 12 13 the timing of this Order and the fact that documents remain to be produced and 14 depositions to be taken, and the fact that a trial in this matter is currently scheduled 15 for July 23, 2018, the Court shall STRIKE THE CURRENT TRIAL DATE AND 16 PRE-TRIAL DEADLINES from the discovery deadline forward. No later than 17 fourteen (14) days from the date of this Order, the parties shall meet and confer 18 19 and submit a Joint Status Report proposing a new trial date and associated pre- 20 trial deadlines for the Court’s consideration. The parties are free to contact the 21 Court’s In-Court Deputies for available trial dates prior to submitting the Joint 22 Status Report. 23 24 DATED this 14 day of May, 2018 A 25 RICARDO S. MARTINEZ CHIEF UNITED STATES DISTRICT JUDGE 26 27 28 ORDER PAGE - 3

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