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

Filing 59

STIPULATION AND ORDER to Extend Case Schedule and Strike Noting Date on Summary Judgment Motion re parties' 58 Stipulated Motion: Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 11/22/2019, Motions related to discovery due by 1 2/23/2019, Discovery completed by 1/21/2020, Dispositive motions due by 2/20/2020, Motions in Limine due by 4/21/2020, Pretrial Order due by 5/6/2020, Mediation per LCR39.1(c)(3) by 4/6/2020, Trial briefs to be submitted by 5/13/2020, Proposed Findings of Fact and Conclusions of Law to be submitted by 5/13/2020. Signed by Judge Ricardo S. Martinez. (SWT)

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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.,

Case No. 2:17-CV-00498-RSM
STIPULATED MOTION AND ORDER TO
EXTEND CASE SCHEDULE AND STRIKE
NOTING DATE ON SUMMARY
JUDGMENT MOTION

Defendant.

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Plaintiff Waste Action Project (WAP) and Defendant Fruhling Sand and Topsoil, Inc.

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(Fruhling) respectfully request that the Court extend all case deadlines in this matter by

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approximately three months and strike the noting date for WAP’s Motion for Partial Summary

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Judgment (Dkt. 45), subject to re-noting at a later time. The parties propose the specific

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deadlines detailed below.

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

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litigation and avoid unnecessary costs, and are engaged in settlement negotiations to resolve

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this matter. The parties have exchanged settlement proposals and have agreed to continue

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discussions in a diligent manner. The parties jointly move to extend the remaining case

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deadlines, including the trial date, and temporarily strike the noting date on WAP’s Motion for

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Partial Summary Judgment to allow for the parties to pursue settlement without incurring

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additional costs associated with meeting litigation deadlines, which would be unnecessary if a

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settlement is reached. The parties agree that good cause exists to extend all deadlines, that the
STIPULATED MOTION AND ORDER TO EXTEND CASE
SCHEDULE AND STRIKE NOTING DATE - 1

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proposed extension will promote judicial efficiency, and that no party will be prejudiced by the

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requested extension. Accordingly, the parties request the Court enter an order extending the

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deadlines as detailed below. The parties also request the Court enter an order temporarily

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striking the noting date for WAP’s Motion for Partial Summary Judgment, to be re-noted upon

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notice to the Court. Fruhling’s response to WAP’s motion would be due 14 days after notice to

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the Court, and WAP’s reply and the noting date for the motion would be due 14 days thereafter.

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Current Deadline

Proposed Deadline

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

August 22, 2019

November 22, 2019

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

September 23, 2019

December 23, 2019

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Discovery completed by

October 21, 2019

January 21, 2020

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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))

November 20, 2019

February 20, 2020

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

January 6, 2020

April 6, 2020

January 21, 2020

April 21, 2020

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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

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Agreed pretrial order due

February 6, 2020

May 6, 2020

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Pretrial conference to be
scheduled by the Court

To be scheduled by the Court

To be scheduled by the Court

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Trial briefs and proposed
February 13, 2020
findings of fact and
conclusions of law,
designations of deposition
testimony pursuant to LCR
32(e), and trial exhibits due

May 13, 2020

BENCH TRIAL DATE
(5-7 days duration)

February 18, 2020

To be scheduled by the Court
for around May 18, 2020

Fruhling Response to
WAP’s Motion for Partial
Summary Judgment
(Dkt. 45)

August 8, 2019

14 days following notice to the
Court that the motion is renoted

WAP Reply on Motion for August 16, 2019
Partial Summary Judgment
(Dkt. 45)

28 days following notice to the
Court that the motion is renoted

Motion for Partial
Summary Judgment (Dkt.
45) Noting Date

28 days following notice to the
Court that the motion is renoted

August 16, 2019

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DATED this 31st day of July 2019.

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s/ Marc Zemel

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Marc Zemel, WSBA No. 44325

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SMITH & LOWNEY PLLC

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2317 E. John Street

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Seattle, WA 98112-5412

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Tel: [phone]

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Email: [e-mail]

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Attorneys for Plaintiff Waste Action Project

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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];
[e-mail]
Attorneys for Defendant Fruhling Sand &
Topsoil, Inc.

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ORDER
Based on the above stipulation, IT IS SO ORDERED.
DATED this 5 day of August, 2019.

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE