Karnoski et al v. Trump et al

Filing 508

ORDER granting Plaintiffs' 490 Motion for Extend the Discovery Motions Deadlines. Motions related to discovery due 5/29/2020. Signed by Judge Marsha J. Pechman. (PM)

Case 2:17-cv-01297-MJP Document 508 Filed 05/11/20 Page 1 of 3

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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RYAN KARNOSKI, et al.,
Plaintiffs,

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CASE NO. C17-1297 MJP
ORDER GRANTING PLAINTIFFS’
LCR 37 MOTION TO EXTEND
DEADLINE FOR DISCOVERY
MOTIONS (DKT. NO. 490)

v.
DONALD J TRUMP, et al.,
Defendants.

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The above-entitled Court, having received and reviewed the LCR 37 Joint Submission

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on Plaintiffs’ Motion to Extend the Discovery Motions Deadline (Dkt. No. 490), along with

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relevant portions of the record, GRANTS Plaintiffs’ Motion. The deadline for filing motions

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related to discovery is extended to May 29, 2020.

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Discussion

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In this LCR 37 Joint Submission, Plaintiffs seek to extend the deadline for filing

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discovery-related motions, currently set for April 30, 2020. (Dkt. No. 418.) Plaintiffs argue that

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because Defendants have pending deadlines to produce discovery, it is likely that further disputes

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will arise requiring additional motion practice. (Dkt. No. 490 at 3.) Plaintiffs’ argument is
ORDER GRANTING PLAINTIFFS’ LCR 37 MOTION TO EXTEND DEADLINE FOR DISCOVERY
MOTIONS (DKT. NO. 490) - 1

Case 2:17-cv-01297-MJP Document 508 Filed 05/11/20 Page 2 of 3

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well-supported by the record. Shortly before the present motion was filed, Defendants sought 75

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additional days to comply with one of their discovery deadlines. (Dkt. No. 488 at 12.) Nearly

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every other production deadline has also been met with delays. (See, e.g., Dkt. No. 487 (noting

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Defendants’ incomplete production of materials for the Court’s in camera review); Dkt. No. 415

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(granting Defendants’ request for an administrative stay of the Court’s orders requiring

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Defendants to produce additional discovery); Dkt. No. 405 at 9 (Defendants arguing they should

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not be required to produce the documents in question weeks after being ordered to do so by the

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Court.)

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Defendants contend that no additional time for discovery motions is warranted because

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Plaintiffs have not been diligent in bringing discovery disputes to the Court until this year. (Dkt.

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No. 490 at 5.) This argument finds no support in the record. Plaintiffs have consistently brought

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discovery disputes before this Court since February 2018 when they moved to compel

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Defendants’ initial disclosures. (Dkt. No. 190.) In May 2018, Plaintiffs moved to compel

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documents withheld under the deliberative process privilege; the Order granting that Motion was

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then stayed by the Ninth Circuit in September 2018 after Defendants filed their first Petition for a

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Writ of Mandamus. (Dkt. No. 317.) Since the Ninth Circuit remanded this matter in August

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2019, Plaintiffs have repeatedly and diligently brought disputes before the Court, including a

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renewed Motion to Compel Documents Withheld Under the Deliberative Process Privilege, filed

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just weeks after the Ninth Circuit issued its mandate. (See also Dkt. Nos. 482, 480, 449, 445,

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438.)

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Conclusion
Because there have been significant delays with Defendants’ productions and because
Plaintiffs have been diligent and proactive in bringing discovery disputes before the Court,

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ORDER GRANTING PLAINTIFFS’ LCR 37 MOTION TO EXTEND DEADLINE FOR DISCOVERY
MOTIONS (DKT. NO. 490) - 2

Case 2:17-cv-01297-MJP Document 508 Filed 05/11/20 Page 3 of 3

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Plaintiffs’ Motion to Extend the Discovery Motions Deadline is GRANTED. The deadline for

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filing motions related to discovery is extended to May 29, 2020.

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The clerk is ordered to provide copies of this order to all counsel.

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Dated May 11, 2020.

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A

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Marsha J. Pechman
Senior United States District Judge

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ORDER GRANTING PLAINTIFFS’ LCR 37 MOTION TO EXTEND DEADLINE FOR DISCOVERY
MOTIONS (DKT. NO. 490) - 3