Almanzor et al v. P.E. Printech Equipment Inc et al

Filing 48

ORDER granting 47 Stipulated Motion to extend the discovery deadline. Discovery to be completed by 4/9/2018. Signed by Judge Marsha J. Pechman. (PM)

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HONORABLE MARSHA J. PECHMAN

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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RUSS J.C. ALMANZOR and
BILLIE ANN AGAR, husband and wife,

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NO. 2:17-cv-00318-MJP
Plaintiffs,

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STIPULATED MOTION AND ORDER
TO EXTEND DISCOVERY DEADLINE

v.
P.E. PRINTECH EQUIPMENT INC., a
foreign business entity; P.E. PRINTECH
EQUIPMENT (USA), INC., a Minnesota
corporation; BRAUSSE GROUP, a foreign
business entity; BRAUSSE GROUP
NORTHERN DIVISION, a foreign
business entity; BRAUSSE GROUP
EASTERN DIVISION, a foreign business
entity; and SHANGHAI ETERNAL
MACHINERY CO., LTD., a foreign
business entity,

NOTE FOR MOTION CALENDAR:
March 9, 2018

Defendant.
STIPULATED MOTION

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Plaintiffs and Defendants P.E. Printech Equipment Inc. and P.E. Printech Equipment

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(USA), Inc. (collectively, “Stipulating Parties”), by and through their undersigned counsel, have

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conferred on the subject of this motion. Based upon these discussions, these parties jointly

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represent the following to the Court:

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1. The Stipulating Parties have scheduled a full-day mediation with mediator John Cooper

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to occur on March 23, 2018, and wish to avoid incurring the expense of depositions

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prior to that current discovery cutoff of March 19, 2018, established in this Court’s

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Order Setting Trial Date and Related Dates (Dkt. #22). If the mediation does not result

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in settlement, the parties wish to conduct additional depositions, to include the persons

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identified below.

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2. Third-party lay witnesses and some expert witnesses still remain to be deposed.

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3. The following witnesses are currently scheduled to be deposed before the current

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discovery cutoff, on the dates noted:

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a. Non-party lay witness Danny Ngyon - March 9, 2018;

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b. Non-party lay witness Greg Baker - March 14, 2018;

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c. Non-party lay witness Dean Smith - March 14, 2018

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4. The following witnesses are currently scheduled to be deposed after the current
discovery cutoff,

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a. Defendants’ liability expert Gerry Shaefer, P.E. – March 22, 2018;

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b. Plaintiff’s liability expert Ken Blundell, Ph.D. – April 9, 2018; and

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c. Plaintiff’s damages expert Merrill Cohen, M.C. – March 27, 2018.

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Each of those three experts has submitted a report in accordance with Rule 26 of the

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Federal Rules of Civil Procedure, so the sum and substance of their opinions are not

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mysteries. Nevertheless, the parties wish to reserve their rights to conduct depositions.

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5. If non-party witness Sam Rivera can be located, he may be deposed when he and

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counsel are mutually available.
6. Counsel for the Stipulating Parties have worked cooperatively to schedule the

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depositions of witnesses at times available to the witnesses and counsel in light of their

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other obligations. The witnesses scheduled to be deposed after the current discovery

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cutoff are either not available beforehand or the Stipulating Parties anticipate that

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delaying their depositions until after mediation may obviate the need to conduct them

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if the case settles.

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7. No Stipulating Party objects to any of the foregoing depositions on the basis of Rule
30(a)(2)(A)(i) of the Federal Rules of Civil Procedure.

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8. The Stipulating Parties anticipate that if this lawsuit does not settle at mediation, the

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foregoing depositions can be complete by April 9, 2018, without the need to continue

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the April 17, 2018 dispositive motions filing deadline, the July 16, 2018 trial date, or

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any other pretrial deadline.

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9. Defendants named in the Complaint as Brausse Group, Brausse Group Northern

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Division, and Brausse Group Eastern Division are business names of Defendant P.E.

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Printech Equipment Inc.

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10. Defendant named in the Complaint as Shanghai Eternal Machinery Co. Ltd. is a foreign
corporation that has not been served with process.
Accordingly, the Stipulating Parties hereby STIPULATE to entry of the following
proposed Order without further notice.

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DATED: March 7, 2018

DATED: March 9, 2018

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STRITMATTER KESSLER WHELAN
KOEHLER MOORE

FORSBERG & UMLAUF

s/ Brad J. Moore
Brad J. Moore, WSBA No. 21802
[e-mail]

s/ Kenneth M. Roessler________________
Kenneth M. Roessler, WSBA No. 31886
[e-mail]

s/ Daniel R. Laurence

s/ Martin J. Pujolar________________

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Daniel R. Laurence, WSBA No. 19697
[e-mail]

Martin J. Pujolar, WSBA No. 36049
[e-mail]

Attorneys for Plaintiffs

Attorneys for Defendants P.E. Printech
Equipment, Inc. and P.E. Printech Equipment
(USA), Inc.

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ORDER
THIS MATTER came before this Court on the foregoing Stipulation. For good cause
shown, IT IS ORDERED that: The deadline to complete discovery under FRCP 26(b)(1) is
extended from March 19, 2018 to April 9, 2018.

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DATED this _13th_ day of

March , 2018.

A

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Marsha J. Pechman
United States District Judge

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Presented by:
STRITMATTER KESSLER WHELAN
KOEHLER MOORE

FORSBERG & UMLAUF

s/ Brad J. Moore
Brad J. Moore, WSBA No. 21802
[e-mail]

s/ Kenneth M. Roessler________________
Kenneth M. Roessler, WSBA No. 31886
[e-mail]

s/ Daniel R. Laurence
Daniel R. Laurence, WSBA No. 19697
[e-mail]

s/ Martin J. Pujolar________________
Martin J. Pujolar, WSBA No. 36049
[e-mail]

Attorneys for Plaintiffs

Attorneys for Defendants P.E. Printech
Equipment, Inc. and P.E. Printech Equipment
(USA), Inc.