Hunter v. IDS Property Casualty Insurance Company

Filing 18

MINUTE ORDER denying plaintiff's 10 Motion for Leave to Amend Complaint; granting in part and denying in part plaintiff's 13 Motion to Revise Minute Order re Expert Disclosure and Discovery Dates; the Court EXTENDS deadline to disclose expert testimony to 12/22/2017, and the deadline to complete discovery to 3/1/2018. Authorized by Judge Thomas S. Zilly.(SWT)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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DELORIS HUNTER,

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Plaintiff,
C17-130 TSZ

v.
IDS PROPERTY CASUALTY
INSURANCE COMPANY,

MINUTE ORDER

Defendant.
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The following Minute Order is made by direction of the Court, the Honorable
Thomas S. Zilly, United States District Judge:

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(1)
Plaintiff’s Motion for Leave of Court to Amend Her Complaint, docket no.
10 (the “Motion”), is DENIED. Plaintiff requests to amend her complaint outside of the
timeframe articulated in Fed. R. Civ. P. 15(a)(1). Plaintiff does not identify any newly
discovered facts supporting the “Estoppel to Deny Coverage” claim she now seeks to
assert in her proposed amended complaint. Nor does Plaintiff seek to add new factual
allegations to her existing claims. Defendant has already propounded written discovery
and deposed Plaintiff. The current discovery motion deadline is January 4, 2018. The
current discovery cutoff is February 12, 2018. Plaintiff has unduly delayed in filing the
Motion and Defendant would be prejudiced if plaintiff is allowed to amend her
complaint.

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(2)
Plaintiff’s Motion to Revise Minute Order Re Scheduling to Continue
20 Expert Disclosure and Discovery Dates, docket no. 13 (the “Motion”), to which no
opposition was filed, is GRANTED in part and DENIED in part as follows. Plaintiff
21 requests an extension of time to disclose expert testimony under Fed. R. Civ. P. 26(a)(2)
because “she does not intend to rely upon expert testimony to support her summary
22 judgment motion[,]” but would like to secure the option to retain an expert for trial
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MINUTE ORDER - 1

1 should her summary judgment motion not resolve this matter. Motion at 2. Given the
nature of Plaintiff’s claims, the Court finds it unlikely that this matter could fully be
2 resolved at summary judgment without expert witnesses. Additionally, extending the
disclosure deadline to April 1, 2018 and the discovery deadline to April 30, 2018 is
3 unworkable in light of the current trial date and corresponding deadlines. For these
reasons, the Court hereby EXTENDS the deadline to disclose expert testimony under
4 Fed. R. Civ. P. 26(a)(2) to December 22, 2017 and the deadline to complete discovery to
March 1, 2018. All other deadlines will remain the same.
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(3)
The Clerk is directed to send a copy of this Minute Order to all counsel of
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Dated this 1st day of December, 2017.

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William M. McCool
Clerk

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s/Karen Dews
Deputy Clerk

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MINUTE ORDER - 2