Certain Underwriters at Lloyds, London v. Pettit

Filing 43

STIPULATION AND ORDER Amending Case Schedule re parties' 41 Stipulated Motion. Discovery completed by 6/8/2018, Deadline for Filing Motions related to limited additional discovery due by 6/22/2018, signed by Judge Ricardo S Martinez. (TH)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

7
8
9
10

CERTAIN UNDERWRITERS at LLOYD’S,
LONDON, Subscribing to Policies Numbered
8029663, 8001778, 8071754, 8072492,
8072737, and 8071620,

11

No. 2:17-cv-00259-RSM
STIPULATED MOTION TO AMEND
CASE SCHEDULE

Plaintiffs,
v.

12
13

IN ADMIRALTY

JEFF PETTIT, an individual,
Defendant.

14
15

I.

16

INTRODUCTION

17

Pursuant to Federal Rule of Civil Procedure 16(b)(4) and Local Civil Rules 7(d)(1),

18

7(j), 10(g) and 16(b)(4) the parties, plaintiff CERTAIN UNDERWRITERS at LLOYD’S,

19

LONDON, Subscribing to Policies Numbered 8029663, 8001778, 8071754, 8072492,

20

8072737, and 8071620 (“Plaintiffs”), and defendant, Jeff Pettit (“Defendant”) by and through

21

their respective counsel, jointly move this Court for an order extending the discovery deadline

22

set forth in the Court’s December 13, 2017 Order Continuing Discovery Deadlines (Dkt. 28) as

23

follows:

24

\\

25

\\

26
LAW OFFICES OF

STIPULATED MOTION TO
AMEND CASE SCHEDULE- 1
2:17-cv-00259-RSM

NICOLL BLACK & FEIG
A PROFESSIONAL LIMITED LIABILITY COMPANY
1325 FOURTH AVENUE, SUITE 1650
SEATTLE, WASHINGTON 98101
TEL: [phone]
FAX: [phone]

1
Case Event
Discovery Completed By

Current Deadline
February 16, 2018

New Deadline
June 8, 2018, limited to Defendant
supplementing the report and
opinions of expert witness Mark
Nordstrom once, and Plaintiffs
having an opportunity to re-depose
Mr. Nordstrom on the newly
disclosed opinions

Deadline for Filing
Motions related to
limited additional
discovery

2

January 2, 2018

June 22, 2018, but only for motions
related to the limited additional
discovery.

3
4
5
6
7
8
9
II.

10

RELEVANT FACTS AND BASES FOR STIPULATED MOTION

11

The trial in this matter was recently continued into October due to a conflict in the

12

Court’s docket. Defendant has a supplemental report from expert Mark Nordstrom to disclose

13

and has sought to reopen discovery for the sole purpose of disclosing the Nordstrom

14

supplemental report and providing Plaintiffs with an opportunity to depose Nordstrom.

15

The parties have agreed that Plaintiffs will not oppose the opening of discovery for the sole

16

purpose of supplementing the Nordstrom expert report so long as Defendant produces

17

Nordstrom for a deposition no later than June 8, 2018. The parties further agree that the expert

18

expense for the first hour of Mr. Nordstrom’s further deposition will be at Defendant’s

19

expense. No other discovery is approved, contemplated or requested by the parties at this time.

20

The parties also request that the discovery motion deadline be extended to

21

June 22, 2018, for the limited purpose of allowing the parties to raise any disputes arising out

22

of the limited additional discovery contemplated by this stipulated motion. While the parties

23

do not believe there will be any such disputes, they do not want to be without a remedy if such

24

disputes arise.

25

\\

26

\\
LAW OFFICES OF

STIPULATED MOTION TO
AMEND CASE SCHEDULE- 2
2:17-cv-00259-RSM

NICOLL BLACK & FEIG
A PROFESSIONAL LIMITED LIABILITY COMPANY
1325 FOURTH AVENUE, SUITE 1650
SEATTLE, WASHINGTON 98101
TEL: [phone]
FAX: [phone]

1

III.

CONCLUSION

2

By this Motion, the parties propose a new discovery deadline for the limited purpose of

3

disclosing the Nordstrom report and deposing Nordstrom as described above, together with an

4

associated limited re-opening of the discovery motion deadline. The parties therefore jointly

5

request that the Court amend the case schedule as set forth above and in the concurrently filed

6

Proposed Order.

7

Respectfully submitted this 10th day of May, 2018.

8

NICOLL BLACK & FEIG PLLC

9
/s/ Christopher W. Nicoll
/s/ Chris P. Reilly
Christopher W. Nicoll, WSBA No. 20771
Chris P. Reilly, WSBA No. 25585
Attorneys for Plaintiff Certain Underwriters
At Lloyds

10
11
12
13

LEE SMART, P.S., INC.
Per E-Mail Authority

14
15

/s/ Donna M. Young
Donna M. Young, WSBA No. 15455
Attorneys for Defendant Jeff Pettit

16
17
18
19
20
21
22
23
24
25
26

LAW OFFICES OF

STIPULATED MOTION TO
AMEND CASE SCHEDULE- 3
2:17-cv-00259-RSM

NICOLL BLACK & FEIG
A PROFESSIONAL LIMITED LIABILITY COMPANY
1325 FOURTH AVENUE, SUITE 1650
SEATTLE, WASHINGTON 98101
TEL: [phone]
FAX: [phone]

1
2
3

ORDER
Pursuant to the above stipulated motion, the Court hereby orders that the pre-trial
deadlines in this matter be continued and extended as follows:

4
5

Case Event
Discovery Completed By

Current Deadline
February 16, 2018

6
7
8
9
10
11
12
13

Deadline for Filing Motions
related to limited additional
discovery

January 2, 2018

New Deadline
June 8, 2018, limited to Defendant
supplementing the report and
opinions of expert witness Mark
Nordstrom once, and Plaintiffs
having an opportunity to re-depose
Mr. Nordstrom on the newly
disclosed opinions
June 22, 2018, but only for
motions related to the limited
additional discovery.

DATED THIS 11th day of May 2018.

A

14

RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

15
16
17
18
19
20
21
22
23
24
25
26

LAW OFFICES OF

STIPULATED MOTION TO
AMEND CASE SCHEDULE- 4
2:17-cv-00259-RSM

NICOLL BLACK & FEIG
A PROFESSIONAL LIMITED LIABILITY COMPANY
1325 FOURTH AVENUE, SUITE 1650
SEATTLE, WASHINGTON 98101
TEL: [phone]
FAX: [phone]

1

CERTIFICATE OF SERVICE

2

I hereby certify that on the date set forth below, I electronically filed the foregoing

3

with the Clerk of the Court using the CM/CF system which will send notification of such

4

filing to the following:

5
6
7
8
9

Donna M. Young
Lee Smart, P.S., Inc.
1800 One Convention Place
701 Pike Street
Seattle, WA 98101-3929
Tel: [phone]
Email: [e-mail]
Attorney for Defendant

10
11

DATED this 10th day of May, 2018.
/s/ Chris P. Reilly
Chris P. Reilly, WSBA No. 25585

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26

LAW OFFICES OF

STIPULATED MOTION TO
AMEND CASE SCHEDULE- 5
2:17-cv-00259-RSM

NICOLL BLACK & FEIG
A PROFESSIONAL LIMITED LIABILITY COMPANY
1325 FOURTH AVENUE, SUITE 1650
SEATTLE, WASHINGTON 98101
TEL: [phone]
FAX: [phone]