Costco Wholesale Corporation v. Arrowood Indemnity Company

Filing 32

STIPULATION AND ORDER to Continue Expert Witness Report Deadline re parties' 28 Stipulation; Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 7/23/2018, by Judge Robert S. Lasnik. (SWT)

Honorable Robert S. Lasnik

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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Civil Action No. 2:17-cv-01212-RSL

9 COSTCO WHOLESALE CORPORATION,
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STIPULATED MOTION AND ORDER TO
CONTINUE EXPERT WITNESS REPORT
DEADLINE

Plaintiff,
v.
ARROWOOD INDEMNITY COMPANY,

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Defendant.

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Pursuant to LCR 7(d)(1) and LCR 10(g), Plaintiff Costco Wholesale Corporation

17 (“Costco”) and Defendant Arrowood Indemnity Company (“Arrowood”), by and through their
18 attorneys of record, hereby submit this Stipulated Motion and [Proposed] Order to Continue the
19 Expert Witness Report Deadline. The parties have met and conferred, and submit this Stipulated
20 Motion in good faith.
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DISCUSSION
By its Minute Order Setting Trial Date & Related Dates (ECF No. 13), the Court set this

23 matter for trial on November 5, 2018 and also established a case schedule of pretrial deadlines.
24 On April 19, 2018, the Court entered the Parties’ agreed extension of time for certain pretrial
25 deadlines (ECF No. 19), including, among others, an extension of the deadline for expert witness
26 reports from May 9, 2018 to June 20, 2018. On June 8, 2018, the Court entered the Parties’
27 agreed extension of time for an extension of the deadline for expert witness reports from June 20,
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3908508
STIPULATED MOTION AND ORDER TO CONTINUE EXPERT
WITNESS REPORT DEADLINE (2:17-cv-01212-RSL) - 1

CLYDE & CO US LLP
601 Union Street, Two Union Square, 42nd Floor
Seattle, Washington 98101
[phone]

1 2018 to July 5, 2018 (ECF No. 21). No other pretrial deadlines besides the deadline for expert
2 witness reports were extended by this request.
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To date, the Parties have engaged in substantial written discovery and have taken the

4 depositions of several party witnesses. Arrowood has taken the deposition of three of Costco’s
5 witnesses and Costco has taken the deposition of two of Arrowood’s witnesses. The Parties
6 scheduled to take depositions of Costco’s corporate designees in the case on June 27, 2018. The
7 Parties agreed to move the depositions originally set for June 27, 2018 to July 17-19, 2018. These
8 depositions may provide testimony for the Parties’ experts to rely upon in their respective reports.
9 In light of and to facilitate the orderly conduct of the upcoming depositions along with the
10 schedules of witnesses, the Parties stipulate and jointly move the Court for a brief continuance of
11 the expert witness report deadline for purposes of completing depositions to Monday, July 23,
12 2018.
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The Parties do not request that the Court continue the trial date or any other dates except

14 those relating to the expert witness deadlines provided herein. Accordingly, the Parties
15 respectfully request that this Stipulated Motion be approved and that the Court agree to continue
16 the expert witness report deadline to Monday, July 23, 2018.
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IT IS SO STIPULATED THIS 29th day of June, 2018.

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CLYDE & CO US LLP

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/s/ Alexander E. Potente
Alexander E. Potente, WSBA #48858
[e-mail]
601 Union Street, Two Union Square, 42nd Floor
Seattle, Washington 98101
Phone [phone]
Fax [phone]
Attorneys for Defendant
ARROWOOD INDEMNITY COMPANY
3908508
STIPULATED MOTION AND ORDER TO CONTINUE EXPERT
WITNESS REPORT DEADLINE (2:17-cv-01212-RSL) - 2

CLYDE & CO US LLP
601 Union Street, Two Union Square, 42nd Floor
Seattle, Washington 98101
[phone]

1 DATED: June 29, 2018

PACIFICA LAW GROUP LLP

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/s/ Paul J. Lawrence
Paul J. Lawrence, WSBA #13557
Matthew J. Segal, WSBA #29797
Nicholas W. Brown, WSBA #33586
1191 Second Avenue, Suite 2000
Seattle, WA 98101
Phone: [phone]
Fax: [phone]
Attorneys for Plaintiff
COSTCO WHOLESALE CORPORATION

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3908508
STIPULATED MOTION AND ORDER TO CONTINUE EXPERT
WITNESS REPORT DEADLINE (2:17-cv-01212-RSL) - 3

CLYDE & CO US LLP
601 Union Street, Two Union Square, 42nd Floor
Seattle, Washington 98101
[phone]

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ORDER
IT IS HEREBY ORDERED that this Stipulated Motion to continue the expert

3 witness report deadline is GRANTED. The new date for the expert witness report deadline is
4 Monday, July 23, 2018.
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DATED this 9th day of July 2018.

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A
Robert S. Lasnik
United States District Judge

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3908508
STIPULATED MOTION AND ORDER TO CONTINUE EXPERT
WITNESS REPORT DEADLINE (2:17-cv-01212-RSL) - 4

CLYDE & CO US LLP
601 Union Street, Two Union Square, 42nd Floor
Seattle, Washington 98101
[phone]

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PROOF OF SERVICE

2 STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO
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At the time of service, I was over 18 years of age and not a party to this action. I am
employed in the County of San Francisco, State of California. My business address is 101 Second
4 Street, 24th Floor, San Francisco, CA 94105.
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On June 29, 2018, I served true copies of the following document(s) described as
STIPULATED MOTION AND PROPOSED ORDER TO CONTINUE EXPERT WITNESS
6 REPORT DEADLINE on the interested parties in this action as follows:
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BY CM/ECF NOTICE OF ELECTRONIC FILING: I electronically filed the
document(s) with the Clerk of the Court by using the CM/ECF system. Participants in the case
8 who are registered CM/ECF users will be served by the CM/ECF system. Participants in the case
who are not registered CM/ECF users will be served by mail or by other means permitted by the
9 court rules.
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I declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct and that I am employed in the office of a member of the bar of this
11 Court at whose direction the service was made.
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Executed on June 29, 2018, at San Francisco, California.

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/s/ Trish Marwedel
Trish Marwedel

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3908508
STIPULATED MOTION AND ORDER TO CONTINUE EXPERT
WITNESS REPORT DEADLINE (2:17-cv-01212-RSL) -

CLYDE & CO US LLP
601 Union Street, Two Union Square, 42nd Floor
Seattle, Washington 98101
[phone]