Cisneros v. Truckvault, Inc. et al

Filing 25

ORDER granting 22 Fourth Stipulated Motion for Extension of Time to Complete Discovery and Trial Date. Jury Trial is CONTINUED to 10/15/2018 at 09:00 AM before Judge Marsha J. Pechman; Expert Witness Disclosure/Reports under FRCP 26 (a)(2) due by 3/19/2018, Discovery Motions due by 4/18/2018, Discovery completed by 5/18/2018, Dispositive motions due by 6/18/2018, 39.1 mediation to be completed by 7/13/2018, Motions in Limine due by 9/10/2018, Agreed Pretrial Order due by 10/3/2018, Pretrial Conference set for 10/5/2108 at 01:30 PM before Judge Marsha J. Pechman, Voir dire/jury instructions/trial briefs/exhibits due by 10/3/2018. 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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GUADALUPE CISNEROS, an individual,
NO. 2:17-cv-00402-MJP

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Plaintiff,
FOURTH JOINT STIPULATED MOTION
AND ORDER EXTENDING DISCOVERY
DEADLINES AND TRIAL DATE

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v.
TRUCKVAULT, INC., a Washington
corporation, and JEFFREY RUSSELL, an
individual,

NOTE ON MOTION CALENDAR:
JANUARY 16, 2018
[CLERK’S ACTION REQUIRED]

Defendants.
Pursuant to FRCP 16(b)(4) and LCR 16(b)(4), undersigned counsel for Plaintiff
Guadalupe Cisneros and Defendants TruckVault, Inc. and Jeffrey Russell, and subject to the

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Court’s approval, hereby renew their agreed stipulated motion to extend by 60 days the deadlines

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for discovery and trial date set forth in the Court’s November 6, 2017 Order to Allow Second

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Joint Stipulated Motion for Extension of Time for Discovery Deadlines and Trial Setover. As
the parties noted in their third stipulated motion, this extension is necessitated by unforeseen
circumstances that delayed previously scheduled depositions scheduled for December 2017 and
subsequent scheduling issues for counsel and the deponents. See Dkt. No. 19.
In sum, due to an unexpected family emergency for Defendants’ counsel, the parties
cancelled the depositions scheduled for mid-December and were forced to reschedule. Dkt. No.
{DFS1670317.DOCX;1/12326.000025/ }

FOURTH JOINT STIPULATED MOTION AND [PROPOSED]
ORDER EXTENDING DISCOVERY DEADLINES AND TRIAL
DATE - 1 NO. 2:17-cv-00402-MJP

OGDEN MURPHY WALLACE, P.L.L.C.
901 Fifth Avenue, Suite 3500
Seattle, Washington 98164-2008
Tel: [phone]/Fax: [phone]

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20 (Declaration of Patrick Pearce in Support of Third Stipulated Motion and [Proposed] Order

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Extending Discovery Deadlines and Trial Date). Seven depositions needed to be rescheduled:

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six defense deponents and the Plaintiff. Declaration of Patrick Pearce in Support of Third

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Stipulated Motion and [Proposed] Order Extending Discovery Deadlines and Trial Date (“Pearce

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Decl.”) at ¶ 3. Because Plaintiff’s counsel is located in Portland, Oregon, and will be traveling to

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Burlington, Washington to depose six defense deponents, and to Seattle, Washington to defend

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the deposition of Plaintiff, the parties agreed to schedule multi-day periods to facilitate multiple

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depositions in single trip for Plaintiff’s counsel. Pearce Decl. at ¶ 3. Plaintiff’s counsel is

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unavailable January 10-17, 2018, January 23, 2018, February 1-2, 2018, and February 6-23,

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2018.

Declaration of Talia Y. Stoessel in Support of Fourth Joint Stipulated Motion for

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Extension of Time for Discovery Deadlines (“Stoessel Decl.”) at ¶¶ 3-4.

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correspondence regarding scheduling, Plaintiff’s counsel also indicated she was possibly

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unavailable on January 25-26, 2018. Pearce Decl. at ¶ 4. Plaintiff’s counsel’s unavailability in

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February is primarily the result of counsel’s need to care for an immediate family member

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following an intensive surgery that has already been rescheduled once. Stoessel Decl. at ¶ 3.

In email

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The parties agreed to schedule the depositions of four defense deponents over a two-day

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period, January 30-31, 2018 in Burlington, Washington. Pearce Decl. at ¶ 6. Notices for those

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depositions have been issued. Pearce Decl. at ¶ 6. However, two defense deponents were

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unavailable at the end of January and beginning of February because of preplanned out-of-state

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travel. Pearce Decl. at ¶ 7. Due to the preplanned travel of the two unavailable defense

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deponents and Plaintiff’s work schedule, the parties determined that the next available two-day

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period was February 27-28, 2018, and agreed to schedule the remaining depositions over those

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two days. Pearce Decl. at ¶ 7. Notices for those depositions have been issued. Pearce Decl. at ¶

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7.

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To ensure that depositions can be completed as scheduled and noticed, and that the

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parties have an adequate amount of time following the depositions to file any necessary
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FOURTH JOINT STIPULATED MOTION AND [PROPOSED]
ORDER EXTENDING DISCOVERY DEADLINES AND TRIAL
DATE - 2 NO. 2:17-cv-00402-MJP

OGDEN MURPHY WALLACE, P.L.L.C.
901 Fifth Avenue, Suite 3500
Seattle, Washington 98164-2008
Tel: [phone]/Fax: [phone]

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discovery related-motions and conduct follow-up discovery, the parties now seeking a 60-day

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extension of the discovery deadlines and trial date. Accordingly, the parties stipulate as follows:

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

Disclosure of expert testimony under FRCP 26(a)(2): March 1, 2018

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Deadline for filing motions related to discovery. April 2, 2018

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Discovery completed by: May 2, 2018

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

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 25, 2018

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

13, 2018

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Mediation per LCR 39.1(c)(3), if requested by the parties, held no later than: July

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All motions in limine must be filed by and noted on the motion calendar no later
than the THIRD Friday thereafter: August 3, 2018

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

Agreed pretrial order due: August 17, 2018

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Pretrial conference to be scheduled by the Court.

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Trial briefs, proposed voir dire questions, jury instructions, neutral statement of
the case, and trial exhibits due: August 24, 2018

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

Trial: August 31, 2018

DATED this 16th day of January, 2018.
BENNETT HARTMAN MORRIS &
KAPLAN LLP
By s/Talia Y. Stoessel
Talia Y. Stoessel, WSBA #50548
210 SW Morrison Street, Suite 500
Portland, Oregon 97204
Tel: [phone]
Fax: [phone]
[e-mail]
Attorneys for Plaintiff Guadalupe
Cisneros

OGDEN MURPHY WALLACE, PLLC
By

s/Patrick S. Pearce
Patrick S. Pearce, WSBA #20857
901 Fifth Avenue, Suite 3500
Seattle, Washington 98164-2008
Tel: [phone]
Fax: [phone]
[e-mail]
Attorneys for Defendant TruckVault, Inc.
and Jeffrey Russell

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{DFS1670317.DOCX;1/12326.000025/ }

FOURTH JOINT STIPULATED MOTION AND [PROPOSED]
ORDER EXTENDING DISCOVERY DEADLINES AND TRIAL
DATE - 3 NO. 2:17-cv-00402-MJP

OGDEN MURPHY WALLACE, P.L.L.C.
901 Fifth Avenue, Suite 3500
Seattle, Washington 98164-2008
Tel: [phone]/Fax: [phone]

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ORDER
IT IS HEREBY ORDERED that the deadlines for discovery and trial date shall be
extended for good cause as follows:

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

Disclosure of expert testimony under FRCP 26(a)(2): March 19, 2018

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

Deadline for filing motions related to discovery. April 18, 2018

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

Discovery completed by: May 18, 2018

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

All dispositive motions must be filed by and noted on the motion calendar no later
than the fourth Friday thereafter (see LCR 7(d)): June 18, 2018

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

13, 2018

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Mediation per LCR 39.1(c)(3), if requested by the parties, held no later than: July

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All motions in limine must be filed by and noted on the motion calendar no later
than the THIRD Friday thereafter: September 10, 2018

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

Agreed pretrial order due: October 3, 2018

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

Pretrial conference: October 5, 2018 at 1:30 PM

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

Trial briefs, proposed voir dire questions, jury instructions, neutral statement of
the case, and trial exhibits due: October 3, 2018

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

Trial: October 15, 2018 at 9:00 AM

DATED this 18th day of January, 2018.

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A

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Marsha J. Pechman
United States District Judge

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{DFS1670317.DOCX;1/12326.000025/ }

FOURTH JOINT STIPULATED MOTION AND [PROPOSED]
ORDER EXTENDING DISCOVERY DEADLINES AND TRIAL
DATE - 4 NO. 2:17-cv-00402-MJP

OGDEN MURPHY WALLACE, P.L.L.C.
901 Fifth Avenue, Suite 3500
Seattle, Washington 98164-2008
Tel: [phone]/Fax: [phone]

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CERTIFICATE OF SERVICE

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I certify under the laws of the United States of America that on the 16th day of January,
2018 I electronically filed a true and correct copy of the foregoing document with the Clerk of
the Court using the CM/ECF System which will send notification of such filing to all counsel of
record.

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DATED this 16th day of January, 2018.

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s/Patrick S. Pearce
Patrick S. Pearce

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FOURTH JOINT STIPULATED MOTION AND [PROPOSED]
ORDER EXTENDING DISCOVERY DEADLINES AND TRIAL
DATE - 5 NO. 2:17-cv-00402-MJP

OGDEN MURPHY WALLACE, P.L.L.C.
901 Fifth Avenue, Suite 3500
Seattle, Washington 98164-2008
Tel: [phone]/Fax: [phone]