Nguyen v. CenturyLink, Inc.

Filing 38

STIPULATION AND ORDER re parties' 33 Stipulated Motion; Discovery deadline extended to 7/20/2018 for the purpose of completing deposition of Mr. Luttrell. Signed by Judge Robert S. Lasnik. (SWT)

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THE HONORABLE ROBERT S. LASNIK

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UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WASHINGTON

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THUYHONG NGUYEN, and individual,
Plaintiff,

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v.
CENTURYLINK, INC., a Louisiana
corporation, and QWEST CORPORATION, a
Colorado corporation,

NO. 2:17-cv-01341
JOINT STIPULATED MOTION
FOR RELIEF FROM DISCOVERY
DEADLINE TO COMPLETE A
DEPOSITION
NOTE ON MOTION CALENDAR:
July 3, 2018

Defendants.

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The parties to this action, by and through their respective counsel of record, respectfully

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request that the Court grant their Joint Stipulated Motion to Extend the Discovery Deadline,

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for the limited purpose of completing the deposition of lay witness Mr. Dennis Luttrell.

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Plaintiff Ms. Nguyen seeks to depose Mr. Dennis Luttrell, a former employee of

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CenturyLink, Inc. and Qwest Corporation (“Defendants”). Mr. Luttrell is a critical witness in

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this employment case, as during the relevant time, he was the direct supervisor of Plaintiff. As

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Defendants no longer employ Mr. Luttrell, Plaintiff could not simply note Mr. Luttrell for

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deposition by serving Defendants. Mr. Luttrell resides in Nevada, and Plaintiff’s counsel was

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JOINT STIPULATED MOTION FOR RELIEF FROM
DISCOVERY DEADLINE TO COMPLETE A
DEPOSITION - 1
Cause No.: 2:17-cv-01341

801 Second Avenue, Suite 1415
Seattle, Washington 98104-1517
[phone] Fax: [phone]

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unable to locate him or obtain a returned call from him regarding his deposition date and time,

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despite many attempts, until June 29, 2018. Plaintiff’s counsel intended to depose Mr. Luttrell

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on July 6, 2018, a date agreed to by Defendant. However, Mr. Luttrell has stated that he is in

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the mountains in an unidentified location until the evening of July 6, 2018. He has stated that

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he is available for a deposition on July 13, 2018. Defense counsel is available to appear for

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Mr. Luttrell’s deposition on July 13, 2018. However, since Mr. Luttrell cannot be located for

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service of a subpoena until after July 6, 2018, given the remote location he states he is in until

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that date, a location he has not disclosed despite request, Plaintiff requests that she have until

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July 20, 2018 to complete the deposition of Mr. Luttrell, should any issues with service which

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would preclude completion of the deposition as planned on July 13, 2018.

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The Court has set the deadline for completing discovery as July 8, 2018. Minute Order

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Setting Trial Date and Related Dates, Dkt. # 16. This is the first request by the parties for an

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extension to the deadlines set by the Court, and is made for a limited purpose. The parties do

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not anticipate that the stipulated motion for extension of the time to depose Mr. Luttrell would

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interfere with their ability to comply with other deadlines set by the Court, and accordingly,

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are not requesting other modification of the scheduling order.1

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A scheduling order may be modified for good cause and with the Court’s consent. Fed.

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R. Civ. P. 16(b)(4). The Rule 16 “good cause” requirement primarily considers the diligence

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of the party seeking the amendment. Johnson v. Mammoth Recreations, Inc., 975 F. 2d 604,

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A motion is pending before the Court presently for a protective order against Plaintiff’s Rule 30(b)(6)
depositions of Defendants, which were noted to occur before the discovery cutoff. Defendants’ Motion for
Protective Order, Dkt. # 31. Should the Court deny Defendants’ motion, Plaintiff will request that she be
permitted to complete those discovery depositions on a date which may be after the discovery deadline, as the
anticipated earliest date the parties expect a ruling from the Court will fall after the deadline for completing
discovery. However, that is an issue which will be addressed in separate pleadings relating Defendants’ Motion
of Protective Order as the parties have not reached an agreement relating to the 30(b)(6) depositions.

JOINT STIPULATED MOTION FOR RELIEF FROM
DISCOVERY DEADLINE TO COMPLETE A
DEPOSITION - 2
Cause No.: 2:17-cv-01341

801 Second Avenue, Suite 1415
Seattle, Washington 98104-1517
[phone] Fax: [phone]

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609 (9th Cir. 1992). “The district court may modify the pretrial schedule if it cannot reasonably

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be met despite the diligence of the party seeking the extension.” Id. (internal citation and quote

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marks omitted). “Mere failure to complete discovery within the time allowed does not

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constitute good cause for an extension or continuance.” LR 16(b)(4).

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“Good cause” exists in this case for modification of the scheduling order. Plaintiff has

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diligently sought to obtain the address and availability for deposition of witness Mr. Luttrell,

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who is located in Nevada. Mr. Luttrell has not been at his residential address, and despite many

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attempts to reach him, had not responded until Plaintiff’s counsel reached him by telephone on

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June 29, 2018. Defendants could not have assisted in procuring Mr. Luttrell’s deposition earlier

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as he is no longer their employee and they likewise have no control over Mr. Luttrell’s location

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or schedule. Because of the unusual circumstance relating to a non-party’s travel schedule, the

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parties agreed to jointly request modification of the scheduling order to allow for completion

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of this deposition.

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Accordingly, the parties respectfully request that the Court grant their joint stipulated

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motion to continue the discovery deadline to July 20, 2018, for the purpose of completing the

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deposition of Mr. Luttrell.

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JOINT STIPULATED MOTION FOR RELIEF FROM
DISCOVERY DEADLINE TO COMPLETE A
DEPOSITION - 3
Cause No.: 2:17-cv-01341

801 Second Avenue, Suite 1415
Seattle, Washington 98104-1517
[phone] Fax: [phone]

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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DATED July 3, 2018.

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REED LONGYEAR MALNATI & AHRENS, PLLC
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s/Elizabeth A. Hanley ______________
Elizabeth A. Hanley, WSBA # 38233
Reed Longyear Malnati & Ahrens, PLLC
801 Second Ave., Ste. 1415
Seattle, WA 98104
Tel. [phone]
Fax [phone]
Email: [e-mail]
Attorney for Plaintiff

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KIOVSKY DUWALDT, LLC
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s/Elizabeth I. Kiovsky______________
Elizabeth I. Kiovsky, pro hac vice
Kiovsky Duwaldt, LLC
2820 Welton St.
Denver, CO 80205
Tel. [phone]
Fax [phone]
Email: [e-mail]
Attorney for Defendant

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LAW OFFICES OF THOMAS J. OWENS
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s/Thomas J. Owens______________
Thomas J. Owens, WSBA #23868
Law Offices of Thomas J. Owens
1001 Fourth Avenue, Suite 4400
Seattle, WA 98154
Tel. [phone]
Fax [phone]
Email: [e-mail]
Attorney for Defendant
JOINT STIPULATED MOTION FOR RELIEF FROM
DISCOVERY DEADLINE TO COMPLETE A
DEPOSITION - 4
Cause No.: 2:17-cv-01341

801 Second Avenue, Suite 1415
Seattle, Washington 98104-1517
[phone] Fax: [phone]

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IT IS SO ORDERED.
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DATED: 9th day of July, 2018

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A
Robert S. Lasnik
United States District Judge

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JOINT STIPULATED MOTION FOR RELIEF FROM
DISCOVERY DEADLINE TO COMPLETE A
DEPOSITION - 5
Cause No.: 2:17-cv-01341

801 Second Avenue, Suite 1415
Seattle, Washington 98104-1517
[phone] Fax: [phone]