National Frozen Foods Corporation v. Berkley Assurance Company

Filing 77

ORDER granting parties' 76 Stipulated Motion to Amend Discovery Deadlines. Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 9/19/2018, Discovery Motions due by 10/3/2018, Rebuttal Expert Disclosure/Reports due by 10/10/2018, Discovery completed by 10/29/2018. Signed by Judge Ricardo S Martinez.(PM)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON AT SEATTLE

NATIONAL FROZEN FOODS
CORPORATION, a Washington corporation,

NO. 2:17-cv-00339 RSM
STIPULATED MOTION AND ORDER
AMENDING DISCOVERY DEADLINES

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 certain discovery deadlines contained in the Order Amending
Order Setting Trial Date and Related Dates (Dkt. 53). The reasons justifying the proposed
amendment are as follows:
•

Severe weather on the East Coast forced the cancellation of the 30(b)(6) and
individual depositions of Berkley Assurance Corporation that were scheduled to take

STIPULATION AND ORDER AMENDING DISCOVERY
DEADLINES - 1
No. 2:17-cv-00339 RSM

GORDON
TILDEN
THOMAS
CORDELL

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

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place in New York the week of July 16. The earliest dates that these depositions can
be rescheduled is for the week of September 3, which is after the current expert
disclosure / report deadline; and
•

Scheduling issues have arisen with several other fact witness depositions that
necessitate an amendment to the current case schedule in order to allow sufficient
time to complete expert discovery.

The parties therefore stipulate and agree that the case schedule deadlines should be
amended as follows:
Event

Current Deadline

New Deadline

Expert Witness Disclosure/Reports under FRCP
26(a)(2)

August 8, 2018
[Moved to August
22, 2018 pursuant
to prior stipulation]

September 19, 2018

Discovery Motions

September 10, 2018 October 3, 2018

Expert Rebuttal Reports

September 21,
2018 1

October 10, 2018

Discovery Completed By

October 8, 2018

October 29, 2018

All other case schedule deadlines will remain the same.

1

The prior case schedule did not have a rebuttal report deadline. The Federal Rules provide 30 days to disclose
rebuttal reports. The parties have stipulated to a shorter deadline for rebuttal reports than what is provided under the
Federal Rules, and therefore ask that this is reflected in the amended case schedule.

STIPULATION AND ORDER AMENDING DISCOVERY
DEADLINES - 2
No. 2:17-cv-00339 RSM

GORDON
TILDEN
THOMAS
CORDELL

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

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DATED this 20th day of July, 2018.
GORDON TILDEN THOMAS & CORDELL LLP
Attorneys for Plaintiff National Frozen Foods Corp.
By s/ Brendan Winslow-Nason
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/ Justin S. Landreth
Peter J. Mintzer, WSBA #19995
Justin S. Landreth, WSBA #44849
800 Fifth Avenue, Suite 4100
Seattle, WA 98104
[e-mail]
[e-mail]

MOUND COTTON WOLLAN & GREENGRASS
LLP

Attorneys for Defendant Berkley Assurance Co.
By s/ Jeffrey S. Weinstein
Jeffrey S. Weinstein*
Diana McMonagle*
One New York Plaza, 44th Floor
New York, NY 10004
[e-mail]
[e-mail]
*Admitted Pro Hac Vice

STIPULATION AND ORDER AMENDING DISCOVERY
DEADLINES - 3
No. 2:17-cv-00339 RSM

GORDON
TILDEN
THOMAS
CORDELL

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

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ANDREWS SKINNER P.S.
Attorneys for AmWins Defendants
By s/ Alison L. Markette
Stephen G. Skinner, WSBA #17317
Alison L. Markette, WSBA #46477
645 Elliott Avenue West, Suite 350
Seattle, WA 98119
[e-mail]
[e-mail]

ORDER
The Court has considered the foregoing stipulation of the parties. It is ORDERED that
the case schedule deadlines be amended as follows:
Event

Current Deadline

New Deadline

Expert Witness Disclosure/Reports under FRCP
26(a)(2)

August 8, 2018
[Moved to August
22, 2018 pursuant
to prior stipulation]

September 19, 2018

Discovery Motions

September 10, 2018 October 3, 2018

Expert Rebuttal Reports

September 21, 2018 October 10, 2018

Discovery Completed By

October 8, 2018

October 29, 2018

All other case schedule deadlines will remain the same.
IT IS SO ORDERED.
DATED: July 23, 2018

A
RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

STIPULATION AND ORDER AMENDING DISCOVERY
DEADLINES - 4
No. 2:17-cv-00339 RSM

GORDON
TILDEN
THOMAS
CORDELL

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