Mikelsen et al v. Air & Liquid Systems Corporation et al

Filing 83

STIPULATION AND ORDER to RENOTE plaintiff's 73 MOTION to Compel IMO Industries Inc.'s Discovery Responses : Noting Date 2/16/2018; re parties' 82 Stipulation, signed by Judge Robert S. Lasnik. (SWT)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

8
9
10
11
12

ALICE MIKELSEN, Surviving Spouse, and
SUSAN PAGE, as Personal Representative for
the Estate of ARTHUR MELVIN MIKELSEN,
deceased,

13
14
15

NO. 2:17-cv-00700 RSL
STIPULATION AND ORDER TO ALLOW RENOTING OF PENDING MOTION TO COMPEL

Plaintiffs,
v.
ASBESTOS CORPORATION, LTD., et al.,

16

Defendants.
17
18

Currently pending is Plaintiffs’ Motion to Compel IMO Industries, Inc.’s Discovery

19

Responses (ECF 73), which is noted for consideration for February 2, 2018. The noting

20
21
22

date is in accord with the Court’s Minute Order Setting Trial Date & Related Dates (ECF
39), which requires all motions related to discovery to be noted for consideration no later
than the Friday before the close of discovery. (Discovery is to be completed by February

23
24
25
26

4, 2018. Id.)
Plaintiffs and defendant IMO Industries, Inc. (“IMO”) have agreed in principal upon
terms of a settlement of this matter, but IMO requires additional time to obtain necessary
STIPULATION AND ORDER TO ALLOW RE-NOTING
OF PENDING MOTION TO COMPEL - 1 of 3
(2:17-cv-00700 RSL)
[4824-9215-4459]

LAW OFFICES

GORDON THOMAS HONEYWELL LLP
ONE UNION SQUARE
600 UNIVERSITY, SUITE 2100
SEATTLE, WASHINGTON 98101-4185
[phone] - FACSIMILE [phone]

1
2
3

approvals in order to confirm those arrangements (but does not expect difficulty doing
so), which then will allow the parties to withdraw this motion. Therefore, rather than
withdrawing or striking plaintiffs’ Motion to Compel, plaintiffs and IMO request that the

4
5
6

Court allow a continuance of the noting date of plaintiffs’ Motion to Compel, from
February 2, 2018 to February 16, 2018, so that the motion remains pending in the event

7

the parties are not able to confirm arrangements for a settlement in the interim. Counsel

8

for the parties believe that it is very likely that they will be able to confirm arrangements

9

for a settlement and strike pending motions prior to the extended noting date. Plaintiffs

10

and IMO therefore jointly request that the Court allow a brief continuance of this motion,

11

by allowing it to be re-noted for consideration for Friday, February 16, 2018.

12
13

DATED this 25th day of January, 2018.
GORDON THOMAS HONEYWELL LLP

SCHROETER GOLDMARK & BENDER

By /s/ Michael E. Ricketts
Michael E. Ricketts, WSBA No. 09387
[e-mail]
Attorneys for Defendant IMO Industries, Inc.

By /s/ Kristin Houser [per email authorization]
Kristin Houser, WSBA No. 07286
[e-mail]
Attorneys for Plaintiffs

14
15
16
17
18

ORDER

19

The Court, having reviewed the foregoing stipulation of counsel for Plaintiffs and

20
21

Defendant IMO Industries, Inc., and being fully advised in the premises, hereby orders

22

//

23

//

24

//

25

//

26
STIPULATION AND ORDER TO ALLOW RE-NOTING
OF PENDING MOTION TO COMPEL - 2 of 3
(2:17-cv-00700 RSL)
[4824-9215-4459]

LAW OFFICES

GORDON THOMAS HONEYWELL LLP
ONE UNION SQUARE
600 UNIVERSITY, SUITE 2100
SEATTLE, WASHINGTON 98101-4185
[phone] - FACSIMILE [phone]

1
2
3

that plaintiffs’ pending Motion to Compel IMO Industries, Inc.’s Discovery Responses (ECF
73) may be re-noted for consideration for Friday, February 16, 2018.
DATED this 26th day of January, 2018.

4
5

A
Robert S. Lasnik

6
7

United States District Judge 

8
9
10
11

Presented By:

12

GORDON THOMAS HONEYWELL LLP

13
14
15

By /s/ Michael E. Ricketts
Michael E. Ricketts, WSBA No. 09387
[e-mail]
Attorneys for Defendant IMO Industries, Inc.

16
17

SCHROETER GOLDMARK & BENDER

18
19
20

By /s/ Kristin Houser [per email authorization]
Kristin Houser, WSBA No. 07286
[e-mail]
Attorneys for Plaintiffs

21
22
23
24
25
26
STIPULATION AND ORDER TO ALLOW RE-NOTING
OF PENDING MOTION TO COMPEL - 3 of 3
(2:17-cv-00700 RSL)
[4824-9215-4459]

LAW OFFICES

GORDON THOMAS HONEYWELL LLP
ONE UNION SQUARE
600 UNIVERSITY, SUITE 2100
SEATTLE, WASHINGTON 98101-4185
[phone] - FACSIMILE [phone]