National Frozen Foods Corporation v. Berkley Assurance Company

Filing 53

ORDER granting 52 Stipulated Motion Amended Order Setting Trial Date and Related Dates: Jury Trial **5 DAYS** is set for 2/4/2019 before Judge Ricardo S Martinez; Initial Disclosure Deadline is 1/22/2018, Joinder of Parties due by 5/14/2018, Amen ded Pleadings due by 5/14/2018, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 8/8/2018, Discovery Motions due by 9/10/2018, Discovery completed by 10/8/2018, Dispositive motions due by 11/6/2108, 39.1 mediation to be completed by 12/21/2018, Motions in Limine due by 1/7/2019, Agreed Pretrial Order due by 1/23/2019, Voir dire/jury instructions/trial briefs/exhibits due by 1/30/2019. Signed by Judge Ricardo S Martinez. (PM)

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON AT SEATTLE
NATIONAL FROZEN FOODS
CORPORATION, a Washington corporation,

NO. C17-339 RSM
STIPULATED MOTION AND ORDER
AMENDING ORDER SETTING TRIAL
DATE AND RELATED DATES

Plaintiff,
v.
BERKLEY ASSURANCE COMPANY, an
Iowa corporation; AMWINS BROKERAGE
OF ILLINOIS, a North Carolina Limited
Liability Company; AMWINS BROKERAGE
OF ARIZONA, a Delaware Limited Liability
Company; and AMWINS GROUP LLC, a
Delaware Limited Liability Company,
Defendants.

STIPULATION
The parties, by and through their counsel of record, hereby stipulate and agree to this
joint request to the Court to amend the Court’s Order Setting Trial Date and Related Dates
(Dkt. 35). The reasons justifying the proposed change are as follows:


The AmWINS defendants were added as parties on November 6, 2017, and are not
due to answer or otherwise respond to the First Amended Complaint until January 22,

STIPULATION AND ORDER AMENDING ORDER
SETTING TRIAL DATE AND RELATED DATES - 1
No. 2:17-cv-00339 RSM

GORDON
TILDEN
THOMAS
CORDELL

1001 Fourth Avenue
Suite 4000 
Seattle, WA  98154‐1007 
206.467.6477 

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45

2018. The AmWINS defendants have thus not had an opportunity to participate in
discovery.


Discovery between National Frozen Foods and Berkley Assurance Company was
modestly delayed while the parties addressed terms of a protective order and while
the venue issue was being litigated.

The parties conducted a discovery conference on December 12, 2017, and agreed to
submit a joint request to extend existing deadlines roughly six months. The proposed deadlines
are set forth in the table below:
Event

Current Deadline

New Deadline

JURY TRIAL DATE

July 30, 2018

February 4, 2019

Length of Trial

5 days

5 days

Deadline for the AmWins Defendants to serve
initial disclosures under FRCP 26(a)(1)

December 30, 2017

January 22, 2018

Deadline for joining additional parties

November 6, 2017

May 14, 2018

Deadline for amending pleadings

November 6, 2017

May 14, 2018

Disclosure of expert testimony under FRCP
26(a)(2)

January 31, 2018

August 8, 2018

Deadline for filing motions related to discovery.
Any such motions shall be noted for
consideration pursuant to LCR 7(d)(3)

March 2, 2018

September 10, 2018

Discovery completed by

April 2, 2018

October 8, 2018

All dispositive motions must be filed by
And noted on the motion calendar no later than
the fourth Friday thereafter (see LCR 7(d))

May 1, 2018

November 6, 2018

Mediation per LCR 39.1(c)(3) if requested by the
parties, HELD NO LATER THAN

June 15, 2018

December 21, 2018

All motions in limine must be filed by
and noted on the motion calendar no later than
the THIRD Friday thereafter

July 2, 2018

January 7, 2019

Agreed pretrial order due

July 18, 2018

January 23, 2019

STIPULATION AND ORDER AMENDING ORDER
SETTING TRIAL DATE AND RELATED DATES - 2
No. 2:17-cv-00339 RSM

GORDON
TILDEN
THOMAS
CORDELL

1001 Fourth Avenue
Suite 4000 
Seattle, WA  98154‐1007 
206.467.6477 

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45

Event

Current Deadline

New Deadline

Pretrial conference to be scheduled by the Court
Trial briefs, proposed voir dire questions, jury
instructions, neutral statement of the case, and
trial exhibits due

July 25, 2018

January 30, 2019

DATED this 19th day of December, 2017.
GORDON TILDEN THOMAS & CORDELL LLP
Attorneys for Plaintiff National Frozen Foods Corp.
By s/ Greg D. Pendleton
Dale L. Kingman, WSBA #07060
Greg D. Pendleton, WSBA #38361
Brendan Winslow-Nason, WSBA #39328
1001 Fourth Avenue, Suite 4000
Seattle, Washington 98154-1007
206.467.6477
[e-mail]
[e-mail]
[e-mail]
SELMAN BREITMAN LLP
Attorneys for Defendant Berkley Assurance Company
By s/ Peter J. Mintzer
Peter J. Mintzer, WSBA #19995
Justin S. Landreth, WSBA #44849
Selman Breitman LLP
800 Fifth Avenue, Suite 4100
Seattle, WA 98104
[e-mail]
[e-mail]

STIPULATION AND ORDER AMENDING ORDER
SETTING TRIAL DATE AND RELATED DATES - 3
No. 2:17-cv-00339 RSM

GORDON
TILDEN
THOMAS
CORDELL

1001 Fourth Avenue
Suite 4000 
Seattle, WA  98154‐1007 
206.467.6477 

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45

MOUNT COTTON WOLLAN & GREENGRASS
LLP

Attorneys for Defendant Berkley Assurance Co.
By s/ Jeffrey S. Weinstein
Jeffrey S. Weinstein*
Diana McMonagle*
Mound Cotton Wollan & Greengrass LLP
One New York Plaza, 44th Floor
New York, NY 10004
[e-mail]
[e-mail]
*Admitted Pro Hac Vice
ANDREWS SKINNER P.S.
Attorneys for AmWins Defendants
By s/ Alison L. Markette
Stephen G. Skinner, WSBA #17317
Alison L. Markette, WSBA #46477
Andrews Skinner P.S.
645 Elliott Avenue West, Suite 350
Seattle, WA 98119
[e-mail]
[e-mail]
ORDER
IT IS SO ORDERED this 20th day of December 2017.

A

RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

STIPULATION AND ORDER AMENDING ORDER
SETTING TRIAL DATE AND RELATED DATES - 4
No. 2:17-cv-00339 RSM

GORDON
TILDEN
THOMAS
CORDELL

1001 Fourth Avenue
Suite 4000 
Seattle, WA  98154‐1007 
206.467.6477