Blair v. City of Mercer Island

Filing 51

ORDER granting Defendant's 42 Motion to Continue the trial date; and granting Defendant's 44 Motion for Extension of Time to file dispositive motions. Jury Trial is set for 8/20/2018 at 9:30 AM before U.S. District Judge John C Coughenour. Dispositive motions due by 4/27/2018, Motions in Limine due by 7/12/2018, Pretrial Order due by 8/10/2018, Trial briefs to be submitted by 8/13/2018, Proposed voir dire/jury instructions due by 8/13/2018. The Clerk is DIRECTED to re-note Defendant's motions in limine (Dkt. No. 35 ) to July 27, 2018. Signed by U.S. District Judge John C Coughenour. (TH)

THE HONORABLE JOHN C. COUGHENOUR

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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JAMES M. BLAIR,

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Plaintiff,

ORDER

v.

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CASE NO. C17-0265-JCC

CITY OF MERCER ISLAND,

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Defendant.

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This matter comes before the Court on Defendant’s unopposed 1 motions to continue the

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trial date (Dkt. No. 42) and extend the time to file dispositive motions (Dkt. No. 44). Having

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thoroughly considered the parties’ briefing and the relevant record, the Court GRANTS the

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motions for the reasons explained herein.

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Defendant seeks an additional continuance of the trial date, following a sua sponte

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continuance by the Court. According to Defendant, counsel is unavailable on the date selected by

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the Court, July 30, 2018, and a change of counsel would pose a hardship because of current

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counsel’s trial preparation to this point. (Dkt. No. 42 at 2–3.) Defendant also seeks an extension

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of time to file dispositive motions, based on changes to Plaintiff’s alleged causes of action during

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Plaintiff filed untimely responses in opposition to both of Defendant’s motions. (See
Dkt. Nos. 49, 50) (due March 7, 2018 per Local Rule 7(d)(2) but filed on March 12, 2018). The
Court considers these untimely responses as an admission that Defendant’s motions have merit.
W.D. Wash. Local Civ. R. 7(b)(2).
ORDER
C17-0265-JCC
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the pendency of this proceeding. (Dkt. No. 44 at 2–3.) Defendant asserts that a summary

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judgment motion would narrow and potentially eliminate remaining issues for trial. (Id. at 3.)

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Scheduling orders may be modified for good cause. Fed. R. Civ. P. 16(b)(4). The Court

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finds good cause to continue the trial date and extend the time to file dispositive motions.

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Defendant was diligent in pursuing discovery and preparing for trial; there is a significant need

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for a continuance; the inconvenience to the opposing party, witnesses, and the Court is minimal;

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and denial of a continuance would result in a hardship to Defendant. (See Dkt. Nos. 42 at 2–3, 44

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at 3–5); U.S. v. 2.61 Acres of Land, 791 F.2d 666, 670–71 (9th Cir. 1986).

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For the foregoing reasons, the Court GRANTS Defendant’s motion to continue the trial

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date (Dkt. No. 42) and Defendant’s motion to extend the time to file dispositive motions (Dkt.

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No. 44). The Court enters the amended case management deadlines below. Defendant previously

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filed motions in limine (Dkt. No. 35). The Court will consider these motions in limine, as well as

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additional motions in limine filed by either party, consistent with these amended case

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management deadlines.

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Amended case management deadlines are as follows:

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•

Dispositive motion cutoff:

April 27, 2018

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•

Motions in limine: 2

July 12, 2018

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Objections to motions in limine: 3

July 23, 2018

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Pretrial order:

August 10, 2018

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Trial briefs, Proposed Voir Dire,
Proposed Jury Instructions & Verdict Form: August 13, 2018

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Trial date:

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August 20, 2018

The Clerk is DIRECTED to re-note Defendant’s motions in limine (Dkt. No. 35) to July
27, 2018.
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Both parties may provide additional motions in limine by this date.

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Both parties may object to any motion in limine by this date.

ORDER
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DATED this 14th day of March 2018.

A

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John C. Coughenour
UNITED STATES DISTRICT JUDGE

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ORDER
C17-0265-JCC
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