Waste Action Project v. Fruhling Sand & Topsoil, Inc.

Filing 57

ORDER re: Parties' 56 Stipulated Motion to Extend Briefing Schedule on Motion for Summary Judgment. Defendant's response due 8/8/2019; Plaintiff's reply brief due 8/16/2019. Plaintiff's 45 MOTION for Partial Summary Judgment is RENOTED for 8/16/2019. Signed by Judge Ricardo S. Martinez. (PM)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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WASTE ACTION PROJECT,

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Plaintiff,
vs.
FRUHLING SAND AND
TOPSOIL, INC.,

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Case No. C17-498 RSM
STIPULATED MOTION AND ORDER
TO EXTEND BRIEFING SCHEDULE ON
A MOTION FOR SUMMARY
JUDGMENT

Defendant.

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Counsel for Plaintiff Waste Action Project (WAP) and Defendant Fruhling Sand and

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Topsoil, Inc. (Fruhling) respectfully request that the Court extend the deadlines for further

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briefing on WAP’s Motion for Partial Summary Judgment (Dkt. # 45) for 30 days. WAP filed

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its Motion for Partial Summary Judgment on June 20, 2019. Dkt. #45. Under Local Rule 7(d)(3),

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Fruhling’s Response to the Motion is due July 8, 2019, and WAP’s Reply, if any, would be July

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12, 2019.

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The parties have separately stipulated to certain facts and issues to simplify this litigation

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and avoid unnecessary costs, and have agreed to enter into good faith settlement negotiations to

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resolve this matter. The parties jointly move to extend the briefing schedule on WAP’s Motion

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for Partial Summary Judgment to allow for the parties to explore the possibility of settlement

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without incurring additional costs associated with Fruhling’s response and WAP’s reply, which

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would be unnecessary if a settlement is reached. This extension request will not affect other

STIPULATED MOTION AND ORDER TO EXTEND
BRIEFING SCHEDULE ON A MOTION FOR SUMMARY
JUDGMENT- 1

MILLER NASH GRAHAM & DUNN LLP
AT T OR NE YS AT L AW
T: 206.624.8300 | F: 206.340.9599
P I ER 7 0
2 8 0 1 ALAS K AN W AY, SUI T E 3 0 0
SE AT T LE , W ASHI NGT ON 9 8 1 2 1

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deadlines or the trial date. The parties agree that good cause exists to extend the briefing deadlines

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and noting date, that a short extension of this deadline will promote judicial efficiency, and that no

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party will be prejudiced by the requested extension. Accordingly, the parties request the Court

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enter an Order extending the deadlines for further briefing on the Motion for 30 days, such that

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Fruhling’s Response would be due no later than August 8, 2019 and WAP’s Reply, if any, no

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later than August 16, 2019, and the noting date for the motion would be reset to August 16, 2019.

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The current and proposed deadlines are also provided in the following table:

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Current Briefing Deadline

Proposed Briefing
Deadline

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Fruhling Response Brief

July 8, 2019

August 8, 2019

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WAP Reply Brief

July 12, 2019

August 16, 2019

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Motion Noting Date

July 12, 2019

August 16, 2019

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DATED this 8th day of July 2019.
s/ Marc Zemel
Marc Zemel, WSBA No. 44325
SMITH & LOWNEY, PLLC
2317 E. John Str.
Seattle, WA 98112
Email: [e-mail]

Attorneys for Plaintiff

s/K. Michael Fandel
K. Michael Fandel, WSBA No. 16281
s/Douglas S. Morrison
Douglas S. Morrison, WSBA No. 18769
MILLER NASH GRAHAM & DUNN LLP
Pier 70, 2801 Alaskan Way, Suite 300
Seattle, WA 98121-1128
Tel: [phone]
Fax: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for Defendant Fruhling Sand and
Topsoil, Inc.

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STIPULATED MOTION AND ORDER TO EXTEND
BRIEFING SCHEDULE ON A MOTION FOR SUMMARY
JUDGMENT- 2

MILLER NASH GRAHAM & DUNN LLP
AT T OR NE YS AT L AW
T: 206.624.8300 | F: 206.340.9599
P I ER 7 0
2 8 0 1 ALAS K AN W AY, SUI T E 3 0 0
SE AT T LE , W ASHI NGT ON 9 8 1 2 1

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ORDER
Based on the above stipulation, IT IS SO ORDERED.

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DATED this 11th day of July 2019.

A

RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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STIPULATED MOTION AND ORDER TO EXTEND
BRIEFING SCHEDULE ON A MOTION FOR SUMMARY
JUDGMENT- 3

MILLER NASH GRAHAM & DUNN LLP
AT T OR NE YS AT L AW
T: 206.624.8300 | F: 206.340.9599
P I ER 7 0
2 8 0 1 ALAS K AN W AY, SUI T E 3 0 0
SE AT T LE , W ASHI NGT ON 9 8 1 2 1