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

Filing 62

ORDER granting parties' 60 Stipulated Motion to Extend the Case Schedule. Bench Trial is set for 8/17/2020 at 09:00 AM before Judge Ricardo S. Martinez. Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 2/20/2020, Motions rela ted to discovery due by 3/19/2020, Discovery completed by 4/20/2020, Dispositive motions due by 5/21/2020, 39.1 mediation to be completed by 7/6/2020, Motions in Limine due by 7/20/2020, Agreed Pretrial Order due by 8/5/2020, Proposed Findings of Fact and Conclusions of Law to be submitted by 8/12/2020, Trial briefs to be submitted by 8/12/2020. 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,
Plaintiff,

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v.

CASE NO. C17-498 RSM
ORDER GRANTING STIPULATED
MOTION TO EXTEND THE CASE
SCHEDULE

FRUHLING SAND AND TOPSOIL, INC.,
Defendant.

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This matter is before the Court on the parties stipulated motion to extend the case

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schedule. Dkt. #60. At the request of the parties, the Court previously extended the case schedule

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in this matter and struck the noting date of Plaintiff’s Motion for Partial Summary Judgment.

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Dkt. #59. The parties requested the continuance to pursue settlement as they had agreed to

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several factual contentions. Dkt. #58. The parties now indicate that they have made significant

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progress towards an agreed resolution of this matter but need additional time to attempt to reach

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a full settlement. Dkt. #60 at 1–2. Finding good cause for a continuance, the Court finds and

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ORDERS:

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1. The deadlines previously set in its Stipulated Motion and Order to Extend Case Schedule
and Strike Noting Date on Summary Judgment Motion (Dkt. #59) are VACATED.

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ORDER – 1

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2. The parties’ Stipulated Motion and Order to Extend Case Schedule and Strike Noting
Date on Summary Judgment Motion (Dkt. #60) is GRANTED.
3. The Court SETS the following deadlines:

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Current Deadline

New Deadline

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

November 22, 2019

February 20, 2020

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

December 23, 2019

March 19, 2020

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Discovery completed by

January 21, 2020

April 20, 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))

February 20, 2020

May 21, 2020

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

April 6, 2020

July 6, 2020

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

April 21, 2020

July 20, 2020

Agreed pretrial order due

May 6, 2020

August 5, 2020

Pretrial conference to be
scheduled by the Court

To be scheduled by the
Court

To be scheduled by the
Court

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

May 13, 2020

August 12, 2020

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ORDER – 2

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BENCH TRIAL DATE (5-7
days duration)

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

August 17, 2020

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

14 days following notice
to the Court that the
motion is re-noted

14 days following notice
to the Court that the
motion is re-noted

WAP Reply on Motion for
Partial Summary Judgment
(Dkt. 45)

14 days following notice
to the Court that the
motion is re-noted

28 days following notice
to the Court that the
motion is re-noted

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

28 days following notice
to the Court that the
motion is re-noted

28 days following notice
to the Court that the
motion is re-noted

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DATED this 6th day of November 2019.

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A

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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ORDER – 3