Hoang et al v. Bank of America, N.A. et al

Filing 44

SCHEDULING ORDER re parties' 42 Amended Second Stipulated Motion to Reschedule Order Setting Trial Dates. The Court has considered the parties stipulated motion to reschedule order setting trial dates and finding good cause GRANTS the motion. The Court will issue a new scheduling order. Signed by Judge James L. Robart. (PM)

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1 2 3 Scott E. Stafne 239 N. Olympic Ave. Arlington, WA 98223 360.403.8700 Scott@stafnelaw.com Hon. James L. Robart 4 5 6 7 8 UNITED STATES DISTRICT COURT IN AND FOR THE WESTERN DISTRICT OF WASHINGTON 9 10 11 12 13 14 15 16 17 18 JERRY HOANG; LE UYEN THI HOANG Plaintiffs, v. BANK OF AMERICA, N.A.; FEDERAL NATIONAL MORTGAGE ASSOCIATION, INC., Defendants. 19 20 21 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 2:17-cv-00874-JLR AMENDED STIPULATED MOTION TO RESCHEDULE ORDER SETTING TRIAL DATES HEARING NOTED APRIL 9, 2020 Relief Requested: 22 The parties, Jerry Hoang, et al., Plaintiffs, and Bank of America NA, et 23 al., Defendants, through their respective attorneys of record, hereby move to 24 extend the trial and all related dates in this Court’s Minute Order Setting Trial 25 Dates and Related Dates, Dkt 36, to the end of the Court’s present trial Stipulated Motion to Reschedule Order Setting Trial Dates Page 1 Stafne Law Advocacy & Consulting 239 N. Olympic Ave. Arlington, WA 98223 360.403.8700 Case 2:17-cv-00874-JLR Document 42 Filed 04/09/20 Page 2 of 5 43 04/10/20 6 1 calendar in 2021, as also noted in the Court’s April 2, 2020, Order, Dkt. 41, 2 and to thereby respectively extend all dates and deadlines accordingly, 3 including specifically the disclosure of expert testimony deadline which has 4 been affected by the health and safety protocols resulting from the COVID-19 5 outbreak throughout the country and the deadline for amending pleadings. 6 Facts: 7 The Scheduling Order of June 10, 2019, set the following dates: 8 9 10 1. BENCH TRIAL DATE October 5, 2020 2. Deadline for amending pleadings April 8, 2020 3. Disclosure of expert testimony under 26(a)(2) April 8, 2020 4. All motion related to discovery must be filed by (see LCR 7(d)) May 8, 2020 5. Discovery completed by June 8, 2020 6. All dispositive motions and motions challenging expert witness testimony (see LCR 7(d) must be filed by July 7, 2020 7. Agreed pretrial order due Sept. 14, 2020 8. Deposition designation must be submitted to the court (not filed on CM/ECF) by Sept. 16, 2020 11 12 13 14 15 16 17 18 19 20 21 22 23 9. Pretrial conference to be held at 2:30 PM on Sept. 21, 2020 24 25 10. Trial Briefs and proposed findings of fact by Stipulated Motion to Reschedule Order Setting Trial Dates Page 2 Sept. 28, 2020 Stafne Law Advocacy & Consulting 239 N. Olympic Ave. Arlington, WA 98223 360.403.8700 Case 2:17-cv-00874-JLR Document 42 Filed 04/09/20 Page 3 of 5 43 04/10/20 6 1 2 Stipulation and Argument: Principally, the parties believe and agree that an extension of all 3 deadlines set forth above will allow the parties to further engage in already 4 ongoing settlement negotiations which have stalled because of the emergence of 5 the coronavirus. As the Court knows, activities in both Washington and 6 California have been significantly affected due to the health emergency. 7 Specifically, due to shelter-in-place limitations caused by the COVID-19 8 protocols throughout the country, Defendants have been unable to timely 9 retain and confer with an expert that they feel would be valuable to the 10 resolution or litigation of these claims. Continuing all deadlines in the prior 11 scheduling order will allow the parties additional time to procure expert(s) 12 without any prejudice to the other parties or to the Court, especially in light of 13 the length of the trial continuance, which the Court has noted will set the trial 14 into late 2021. Therefore, the parties specifically stipulate that the deadline of 15 expert testimony under FRCP 26(a)(2) shall be continued according to the new 16 trial date and request that the Court include an extension to the deadline of 17 expert testimony under FRCP 26(a)(2) in its new scheduling order, in addition 18 to all other dates in the scheduling order. 19 Moreover, Plaintiffs specifically request, and the parties hereby 20 stipulated, that the Court should also continue the deadline for amending 21 pleadings as additional discovery may reveal the need to amend the operative 22 pleading. 23 The parties believe and agree that the jointly-sought extension of these 24 deadlines will not prejudice any parties or result in an undue delay given the 25 on-going health emergency in this nation and the present status of the case. Stipulated Motion to Reschedule Order Setting Trial Dates Page 3 Stafne Law Advocacy & Consulting 239 N. Olympic Ave. Arlington, WA 98223 360.403.8700 Case 2:17-cv-00874-JLR Document 42 Filed 04/09/20 Page 4 of 5 43 04/10/20 6 1 The parties have not requested any previous extensions of time and do 2 not contemplate doing so in the future should the Court grant this request. 3 Conclusion 4 The parties respectfully request that the Court issue a new scheduling 5 order to respectively extend all of the above-identified deadlines after placing 6 the trial to the end of the Court’s trial calendar. Respectfully submitted, 7 8 9 BY: s/ Scott E. Stafne Scott E. Stafne, WSBA # 6964 BY: s/ Douglas C. Stastny Douglas C. Stastny, WSBA #52383 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Stipulated Motion to Reschedule Order Setting Trial Dates Page 4 Stafne Law Advocacy & Consulting 239 N. Olympic Ave. Arlington, WA 98223 360.403.8700 Case 2:17-cv-00874-JLR Document 42 Filed 04/09/20 Page 5 of 5 43 04/10/20 6 1 CERTIFICATE OF ELECTRONIC SERVICE 2 3 I hereby certify that on this date I electronically filed the foregoing 4 document with the Clerk of the Court using the CM/ECF system which will 5 send notification of such filing to those attorneys of record registered with the 6 CM/ECF system. 7 DATED this 9th day of April, 2020 at Mount Vernon, Washington. 8 By: 9 s/ LeeAnn Halpin LeeAnn Halpin, Paralegal 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Stipulated Motion to Reschedule Order Setting Trial Dates Page 5 Stafne Law Advocacy & Consulting 239 N. Olympic Ave. Arlington, WA 98223 360.403.8700 Case 2:17-cv-00874-JLR Document 42-1 Filed 04/10/20 Page 61of 62 Case 2:17-cv-00874-JLR Document 43 Filed 04/09/20 Page of 1 2 3 Scott E. Stafne 239 N. Olympic Ave. Arlington, WA 98223 360.403.8700 Scott@stafnelaw.com Hon. James L. Robart 4 5 6 UNITED STATES DISTRICT COURT IN AND FOR THE WESTERN DISTRICT OF WASHINGTON 7 8 9 10 11 JERRY HOANG; LE UYEN THI HOANG 12 Plaintiffs, 13 v. 14 15 16 BANK OF AMERICA, N.A.; FEDERAL NATIONAL MORTGAGE ASSOCIATION, INC., Defendants. 17 18 19 ) ) Case No. 2:17-cv-00874-JLR ) ) SCHEDULING ORDER ) ) ) ) ) ) ) ) ) ) ) ) ) The Court has considered the parties’ stipulated motion to reschedule 20 order setting trial dates and finding good cause GRANTS the motion. The Court 21 will issue a new scheduling order. 22 10th April Dated this ___________day of _____________________, 2020. A 23 ________________________________ Honorable James L. Robart 24 25 Order Stipulated Motion Page 1

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