Advanced Hair Restoration, LLC v. Hair Restoration Centers, LLC

Filing 10

ORDER granting 7 Stipulated Motion to amend case schedule; FRCP 26f Conference Deadline is 8/7/2017, Initial Disclosure Deadline is 8/14/2017, Joint Status Report due by 8/21/2017, signed by Judge Ricardo S Martinez.(RS)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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Advanced Hair Restoration, LLC,
Case No.: 2:17-cv-00709-RSM

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Plaintiff,

JOINT MOTION TO AMEND CASE
SCHEDULE

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v.
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Hair Restoration Centers, LLC,
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Defendant.
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I. RELIEF REQUESTED

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Pursuant to Fed. R. Civ. P. 16(b)(4) and this Court’s May 11, 2017 Order Regarding Initial

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Disclosures, Joint Status Report, and Early Settlement (Dkt # 5), Plaintiff Advanced Hair

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Restoration, LLC and Defendant Hair Restoration Centers, LLC jointly move to amend the initial

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case schedule. Having met and conferred, the parties jointly request that each of these deadlines

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be extended by 60 days.

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II. AUTHORITY

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Plaintiff filed suit on May 5, 2017 and this Court issued an Order Regarding Initial

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Disclosures, Joint Status Report, and Early Settlement shortly thereafter. Dkt. # 1, 5. However,

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despite several attempts through a process server using the information obtained through the

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Division of Corporations, Secretary of the State of Florida, Plaintiff was not able to successfully

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locate and serve the Defendant until June 1, 2017. Defendant retained counsel on June 22 and

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counsel for the parties briefly conferred later that day. At Defendant’s request, Plaintiff agreed to

JOINT MOTION TO AMEND CASE SCHEDULE - 2:17-cv-00709-RSM
56310-001 \ Advanced Hair C17-709RSM.Stip Ord Amend Case Schedule.docx

STOKES LAWRENCE, P.S.
1420 FIFTH AVENUE, SUITE 3000
SEATTLE, WASHINGTON 98101-2393
[phone]

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a 30-day extension of time to answer the Complaint, and the parties immediately scheduled a case-

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scheduling conference for June 26, 2017. This motion follows.

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This Court may modify case management deadlines for good cause. Fed. R. Civ. P.

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16(b)(4). Good cause considers the diligence of the parties seeking the modification; a district

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court may modify the pretrial schedule “if it cannot reasonably be met with the diligence of the

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party seeking the extension.” See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th

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Cir. 1992) (quoting Fed. R. Civ. P. 16((b)(4) advisory committee notes (1983)).

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Good cause exists here. Defense counsel were not retained until June 22, 2017; per the

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scheduling order the parties were to have already conducted their FRCP 26(f) Conference,

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presented their initial disclosures, and submitted their Combined Joint State Reports and Discovery

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Plans. Doc. No. 5 at 1. Clearly, the parties could not have held a FCRP 26(f) conference, provide

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initial disclosures, or prepared to submit a joint status report until after counsel appeared. However,

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after counsel appeared, Plaintiff’s counsel immediately initiated communications with Defense

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counsel and, after conferring, the parties prepared this joint motion. Accord Doc. No. 5 at 4.
III. CONCLUSION

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The parties were unable to comply with the Court’s initial scheduling order. Now that all

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of the parties have appeared, the parties jointly request a 60-day extension on each of the deadlines

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imposed by the initial order.

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The parties propose that the Court’s initial scheduling dates be reset, as follows:

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Deadline for FRCP 26(f) Conference:

8/07/2017

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Initial Disclosures Pursuant to FRCP 26(a)(1):

8/14/2017

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Combined Joint Status Report and Discovery
Plan as Required by FRCP 26(f)
and Local Civil Rule 26(f):

8/21/2017

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///

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///

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STOKES LAWRENCE, P.S.

NEWMAN DU WORS DURRANCE LLP

JOINT MOTION TO AMEND CASE SCHEDULE - 2:17-cv-00709-RSM
56310-001 \ Advanced Hair C17-709RSM.Stip Ord Amend Case Schedule.docx

STOKES LAWRENCE, P.S.
1420 FIFTH AVENUE, SUITE 3000
SEATTLE, WASHINGTON 98101-2393
[phone]

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By: s/Leslie C. Ruiter
By: s/Lance A. Pelletier
Leslie C. Ruiter (WSBA #28090)
Lance A. Pelletier (WSBA #49030)
Stokes Lawrence, P.S.
1420 Fifth Avenue, Suite 3000
Seattle, WA 98101
[phone]
Fax: [phone]
[e-mail]
[e-mail]
Attorneys for Plaintiff Advanced Hair
Restoration, LLC

By: s/Nathaniel Eli Durrance
Newman Du Wors Durrance LLP Nathaniel Eli
Durrance (WSBA # 41627)
2101 Fourth Avenue, Suite 1500
Seattle, WA 98121-2336
[phone]
Fax: [phone]
[e-mail]
Attorneys for Hair Restoration Centers,
LLC

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DATED this 29th day of June, 2017.

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IT IS SO ORDERED.

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A
RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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JOINT MOTION TO AMEND CASE SCHEDULE - 2:17-cv-00709-RSM
56310-001 \ Advanced Hair C17-709RSM.Stip Ord Amend Case Schedule.docx

STOKES LAWRENCE, P.S.
1420 FIFTH AVENUE, SUITE 3000
SEATTLE, WASHINGTON 98101-2393
[phone]

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