Karnoski et al v. Trump et al

Filing 331

ORDER re 330 Stipulation. The following deadlines are VACATED: March 4, 2019 motions in limine deadline, March 27, 2019 pretrial order deadline, March 27, 2019 proposed findings of fact and conclusions of law deadline, March 29, 2019 pretrial conference, and April 8, 2019 trial date. Parties directed to submit a joint proposal for revisions to the case schedule within 21 days after the Ninth Circuit rules on the Mandamus Petition. Signed by Judge Marsha J. Pechman. (PM)

The Honorable Marsha J. Pechman

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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RYAN KARNOSKI, et al.,

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Plaintiffs, and
STATE OF WASHINGTON,

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Case No. 2:17-cv-01297-MJP
ORDER GRANTING STIPULATION TO
VACATE THE CURRENT CASE
SCHEDULE

Plaintiff-Intervenor,
v.
DONALD J. TRUMP, in his official capacity
as President of the United States, et al.,
Defendants.

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ORDER VACATING CASE SCHEDULE
[Case No.: 2:17-cv-01297-MJP]

NEWMAN DU WORS LLP

2101 Fourth Avenue, Suite 1500
Seattle, Washington 98121
[phone]

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Plaintiffs Ryan Karnoski, Cathrine Schmid, D.L., formerly known as K.G., by his next

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friend and mother, Laura Garza, Lindsey Muller, Terece Lewis, Phillip Stephens, Megan

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Winters, Jane Doe, Conner Callahan, Human Rights Campaign, Gender Justice League, and

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American Military Partner Association (collectively, “Plaintiffs”); Plaintiff-Intervenor State of

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Washington; and Defendants Donald J. Trump, the United States of America, Patrick Shanahan,

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and the United States Department of Defense (collectively, “Defendants”), stipulate and move

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the Court as follows:

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WHEREAS, pursuant to the Court’s order (Dkt. No. 234), Plaintiffs, Plaintiff-Intervenor,

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and Defendants (“the Parties”) filed their Updated Joint Status Report and Discovery Plan on

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May 4, 2018 (Dkt. No. 241), and the Court entered the case scheduling order on May 9, 2018

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(Dkt. No. 242), that currently governs the case.

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WHEREAS, the Parties stipulated to extend discovery and dispositive motion deadlines on

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September 27, 2018, due to upcoming deadlines for filing and noting discovery motions,

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completing discovery, and filing dispositive motions. (Dkt. No. 318.)

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WHEREAS, the Court granted the Parties’ stipulation on September 28, 2018, vacating the

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deadlines for filing and noting discovery motions, completing discovery, and filing dispositive

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motions, and further ordered the parties to submit proposed revisions to the case schedule within

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21 days after the Ninth Circuit rules on the pending Mandamus Petition. (Dkt. No. 319.) All

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other deadlines in the case schedule remained unchanged. (Id.)

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WHEREAS, the Ninth Circuit has not yet ruled on the pending Mandamus Petition,
discovery is not complete, and trial is currently set for April 8, 2019.
WHEREAS, the Parties have agreed further revisions to the case schedule are warranted—

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including vacating the March 4, 2019 motions in limine deadline, the March 27, 2019 pretrial

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order deadline, and the March 27, 2019 proposed findings of fact and conclusions of law

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deadline, and the March 29, 2019 pretrial conference, and the April 8, 2019 trial date.

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NOW THEREFORE, Plaintiffs, Plaintiff-Intervenor, and Defendants, through their

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respective counsel of record, do hereby stipulate and agree, and respectfully request, that the

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Court enter an order as follows:
JOINT STIP. AND [PROPOSED] ORDER TO
EXTEND DEADLINES - 1
[Case No.: 2:17-cv-01297-MJP]

Newman Du Wors LLP

2101 Fourth Avenue, Suite 1500
Seattle, Washington 98121
[phone]

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The March 4, 2019 motions in limine deadline, March 27, 2019 pretrial order

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deadline, March 27, 2019 proposed findings of fact and conclusions of law deadline, March 29,

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2019 pretrial conference, and April 8, 2019 trial date are hereby vacated.

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2.

The parties shall submit a joint proposal for revisions to the case schedule within 21

days after the Ninth Circuit rules on the Mandamus Petition.

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SO STIPULATED

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Respectfully submitted February 19, 2019.
NEWMAN DU WORS LLP

UNITED STATES DEPARTMENT OF JUSTICE

/s/ Jason B. Sykes
Derek A. Newman, WSBA #26967
[e-mail]
Jason B. Sykes, WSBA #44369
[e-mail]
2101 Fourth Ave., Ste. 1500
Seattle, WA 98121
[phone]

/s/ Andrew E. Carmichael
Andrew E. Carmichael
(Virginia Bar # 76578)
Trial Attorney
Civil Division, Federal Programs Branch
950 Pennsylvania Ave., NW
Washington, DC 20530
andrew.e.carmichael.usdoj.gov

LAMBDA LEGAL DEFENSE AND EDUCATION
FUND, INC.
Camilla B. Taylor (admitted pro hac vice)
Tara L. Borelli, WSBA #36759
Peter C. Renn (admitted pro hac vice)
Paul D Castillo (admitted pro hac vice)
Sasha Buchert (admitted pro hac vice)
Kara N. Ingelhart (admitted pro hac vice)

Counsel for Defendants

OUTSERVE-SLDN, INC.
Peter Perkowski (admitted pro hac vice)

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KIRKLAND & ELLIS LLP
James F. Hurst, P.C. (admitted pro hac vice)
Stephen R. Patton (admitted pro hac vice)
Jordan Heinz (admitted pro hac vice)
Vanessa Barsanti (admitted pro hac vice)

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Counsel for Plaintiffs

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OFFICE OF THE WASHINGTON STATE
ATTORNEY GENERAL
/s/ La Rond Baker
La Rond Baker, WSBA #43610
Colleen Melody, WSBA #42275
Chalia Stallings-Ala’ilima, WSBA #40694
Assistant Attorneys General
Civil Rights Unit
Office of the Attorney General
800 Fifth Avenue, Suite 2000
Seattle, WA 98104
[e-mail]
[e-mail]
[e-mail]
Counsel for Intervenor-Plaintiff State of
Washington

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JOINT STIP. AND [PROPOSED] ORDER TO
EXTEND DEADLINES - 2
[Case No.: 2:17-cv-01297-MJP]

Newman Du Wors LLP

2101 Fourth Avenue, Suite 1500
Seattle, Washington 98121
[phone]

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ORDER

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This matter comes before the Court on the Parties’ Joint Stipulation to Vacate the Current

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Case Schedule and Ordering the Parties to Propose a New Case Schedule. After considering the

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Parties’ Joint Stipulation, IT IS HEREBY ORDERED THAT:

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The March 4, 2019 motions in limine deadline, March 27, 2019 pretrial order deadline,

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March 27, 2019 proposed findings of fact and conclusions of law deadline, March 29, 2019

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pretrial conference, and April 8, 2019 trial date are hereby vacated;

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1.

The parties shall submit a joint proposal for revisions to the case schedule within 21

days after the Ninth Circuit rules on the Mandamus Petition.

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IT IS SO ORDERED.

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Dated this 20th day of February, 2019.

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A

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Marsha J. Pechman
United States District Judge

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JOINT STIP. AND [PROPOSED] ORDER TO
EXTEND DEADLINES - 3
[Case No.: 2:17-cv-01297-MJP]

Newman Du Wors LLP

2101 Fourth Avenue, Suite 1500
Seattle, Washington 98121
[phone]