Whitsett v. Brand Energy Services LLC et al

Filing 26

ORDER re: 25 Stipulated Motion Regarding Expert Depositions. The deadline for the completion of discovery is continued to September 7, 2018, for the limited purpose of allowing the depositions of Jesse Michaletz, CSP, Shane Leavitt, MD, John Burns, MD, to occur. Signed by Judge Ricardo S Martinez. (PM)

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IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE

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DAVID WHITSETT,
Plaintiff,

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STIPULATED MOTION AND
ORDER REGARDING EXPERT
DEPOSITIONS

v.

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NO. 2:17-cv-01236-RSM

BRANDSAFWAY LLC,

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Defendant.

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STIPULATED MOTION

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Pursuant to LCR 7(d)(1) and LCR 10(g), the parties hereby stipulate and move the Court
for the following relief:
1.

Pursuant to the Stipulated Motion and Order Continuing Select Case Schedule

Dates (ECF No. 17), discovery must have been completed by July 6, 2018.
2.

Subject to Court approval, the parties have agreed to allow expert depositions to

occur after the discovery cutoff. The depositions of Plaintiff’s liability expert, Jesse Michaletz,
CSP, Plaintiff’s medical expert, Shane Leavitt, MD, and Defendant’s medical expert, John Burns,

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MD, are scheduled to occur on August 22, 2018, August 24, 2018, and September 7, 2018,
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respectively.
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3.

The parties have scheduled a mediation to occur on August 28, 2018, to attempt

in good faith to resolve this case. Boeing, the self-insured employer of the Plaintiff, has asserted
STIPULATED MOTION AND ORDER
REGARDING EXPERT DEPOSITIONS 2:17-cv-01236-RSM - 1

RUSSELL & HILL, PLLC
3811-A BROADWAY
EVERETT, WA 98201
PHONE – [phone]
FAX – [phone]

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a lien of $168,385.93. Personnel with authority to approve a settlement have been notified that

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mediation has been scheduled. The parties believe that the expert depositions identified in the

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preceding paragraph would facilitate settlement of this matter.

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4.

The parties, for good cause shown, respectfully request that the Court grant this

stipulated motion and continue the following case schedule deadline as follows:

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a.

The deadline for the discovery cutoff to September 7, 2018, for the limited purpose

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of permitting the depositions of Jesse Michaletz, CSP, Shane Leavitt, MD, and John Burns, MD,
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to occur.
5.

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The parties do not request a continuance of the trial date at this time.

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It is so stipulated through counsel of record.

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FISHER & PHILLIPS, LLP

RUSSELL & HILL, PLLC

By: /s/ Matthew J. Macario
Matthew Macario, WSBA #26522
1201 Third Avenue, Ste 2750
Seattle, WA 98101
Email: [e-mail]
Attorneys for Defendants

By: /s/ Dean F. Swanson
Dean Swanson, WSBA #40638
3811-A Broadway
Everett, WA 98201
Email: [e-mail]
Attorneys for Plaintiff

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ORDER

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Based upon the stipulation of the parties above, IT IS HEREBY ORDERED that:

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1.

The deadline for the completion of discovery is continued to September 7, 2018,

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for the limited purpose of allowing the depositions of Jesse Michaletz, CSP, Shane Leavitt, MD,

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John Burns, MD, to occur.

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STIPULATED MOTION AND ORDER
REGARDING EXPERT DEPOSITIONS 2:17-cv-01236-RSM - 2

RUSSELL & HILL, PLLC
3811-A BROADWAY
EVERETT, WA 98201
PHONE – [phone]
FAX – [phone]

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DATED this 19th day of July, 2018.

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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STIPULATED MOTION AND ORDER
REGARDING EXPERT DEPOSITIONS 2:17-cv-01236-RSM - 3

RUSSELL & HILL, PLLC
3811-A BROADWAY
EVERETT, WA 98201
PHONE – [phone]
FAX – [phone]