Brown v. Boeing Company

Filing 13

ORDER granting 12 Stipulated Motion to Extend Deadlines. Amended Complaint due by 11/15/2017, Response to Amended Complaint due 12/21/2017, FRCP 26f Conference Deadline is 1/17/2018, Initial Disclosure Deadline is 1/24/2018, Combined Joint Status Report due by 1/31/2018. Signed by Chief Judge Ricardo S Martinez. (PM) Modified on 10/27/2017: copy sent to plaintiff via first class mail (PM).

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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STIPULATED MOTION REGARDING
AMENDED COMPLAINT AND
EXTENSION OF DEADLINES AND
ORDER

Plaintiff,

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Case No. 2:17-cv-01354-RSM

ARLENE M. BROWN,

v.
THE BOEING COMPANY, EMPLOYEE
BENEFIT PLANS COMMITTEE,
Defendants.

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STIPULATION
The parties hereby file this stipulated motion pursuant to LCR 7(d)(1) and LCR 10(g) to

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request that the Court set new deadlines for (1) Plaintiff to amend the complaint, (2) the

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Defendants to respond, and (3) the parties’ FRCP 26(f) Conference, Initial Disclosures, and Joint

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Status Report (collectively, the parties’ “Initial Scheduling Dates”).

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Plaintiff filed her complaint, pro se, on September 8, 2017, asserting multiple claims

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under the Employee Retirement Income Security Act (“ERISA”). (Dkt. #1.) On September 28,

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2017, the parties filed a stipulated motion to extend Defendants’ deadline for responding to

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Plaintiff’s complaint from October 2, 2017 until October 31, 2017. (Dkt. # 4.) The Court

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granted the stipulated motion on September 29, 2017. (Dkt. # 5.)

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Pursuant to the Court’s September 27, 2017 Order (Dkt. #3), the current Initial
Scheduling Dates are as follows: October 25, 2017 deadline for FRCP 26(f) Conference;
STIP. MOT. RE: AMENDED COMPLAINT
AND EXTENSION OF DEADLINES AND ORDER
2:17-CV-01354-RSM

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MORGAN, LEWIS & BOCKIUS LLP
Attorneys at Law
77 West Wacker Drive
Chicago, IL 60601-5094

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November 1, 2017 deadline for FRCP 26(a)(1) Initial Disclosures; and November 8, 2017

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deadline for Joint Status Report and Discovery Plan as required by FRCP 26(f) and LCR 26(f).

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(Id. at p. 1.)

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On October 23, 2017, the parties filed a stipulated motion to extend the Initial Scheduling

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Dates. (Dkt. # 10.) The Court granted the motion on October 25, 2017. (Dkt. # 11.) At the time

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of the filing, Defendants’ counsel did not realize that Plaintiff definitively intended to amend the

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complaint.

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After the stipulated motion to extend the Initial Scheduling Dates was filed, Defendants’

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counsel spoke by telephone with Plaintiff. During the conference, Plaintiff explained that she

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intends to amend the complaint to make corrections, to assert additional ERISA claims, and to

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attach various exhibits, including documents from the administrative record that were recently

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provided to Plaintiff.

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Because Plaintiff intends to file an amended complaint, the parties have agreed that it

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would be inefficient and a waste of time and resources for Defendants to file a responsive

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pleading to the current complaint. Accordingly, the parties jointly ask the Court to extend the

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current deadlines in this action as follows:

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

November 15, 2017: Deadline for Amended Complaint

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

December 21, 2017: Deadline for Response to Amended Complaint

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January 17, 2018: Deadline for FRCP 26(f) Conference

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January 24, 2018: Initial Disclosures Pursuant to FRCP 26(a)

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January 31, 2018: Combined Joint Status Report as Required by FRCP 26(f) and

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LCR 26(f).

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IT IS SO STIPULATED.

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DATED this 26 day of October, 2017.

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STIP. MOT. RE: AMENDED COMPLAINT
AND EXTENSION OF DEADLINES AND ORDER
2:17-CV-01354-RSM

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MORGAN, LEWIS & BOCKIUS LLP
Attorneys at Law
77 West Wacker Drive
Chicago, IL 60601-5094

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By:

s/ Arlene M. Brown

By:

Arlene M. Brown, Pro Se
239 SW 189th Pl.
Normandy Park, WAS 98166
Phone: [phone]
Email: [e-mail]

FOX ROTHSCHILD LLP
Laurence A. Shapiro, WSBA #31301
Robert M. Howie, WSBA #23092
1001 Fourth Avenue, #4500
Seattle, WA 98154
Tel: [phone]
Fax: [phone]
[e-mail]

Plaintiff

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By:

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s/ Robert M .Howie

s/ Emily A. Glunz

MORGAN, LEWIS & BOCKIUS LLP
Deborah S. Davidson (pro hac vice)
Emily A. Glunz (pro hac vice)
77 West Wacker Drive
Chicago, IL 60601
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]

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Attorneys for Defendants The Boeing Company
and the Employee Benefit Plans Committee

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MORGAN, LEWIS &
BOCKIUS LLP
Attorneys at Law
Chicago

STIP. MOT. RE: AMENDED COMPLAINT
AND EXTENSION OF DEADLINES AND ORDER
2:17-CV-01354-RSM

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MORGAN, LEWIS & BOCKIUS LLP
Attorneys at Law
77 West Wacker Drive
Chicago, IL 60601-5094

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ORDER
The stipulation of the parties is hereby entered. The revised deadlines are as follows:

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

November 15, 2017: Deadline for Amended Complaint

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

December 21, 2017: Deadline for Response to Amended Complaint

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January 17, 2018: Deadline for FRCP 26(f) Conference

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

January 24, 2018: Initial Disclosures Pursuant to FRCP 26(a)

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January 31, 2018: Combined Joint Status Report as Required by FRCP 26(f) and

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LCR 26(f).
IT IS SO ORDERED this 27th day of October 2017.

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A

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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Presented by:
By: s/ Robert M. Howie
Laurence A. Shapiro, WSBA #31301
Robert M. Howie, WSBA #23092
By /s/ Emily A. Glunz
Deborah S. Davidson (pro hac vice)
Emily A. Glunz (pro hac vice)
Attorneys for Defendants

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By: s/ Arlene M. Brown
Arlene M. Brown, Pro Se
Plaintiff

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MORGAN, LEWIS &
BOCKIUS LLP
Attorneys at Law
Chicago

STIP. MOT. RE: AMENDED COMPLAINT
AND EXTENSION OF DEADLINES AND ORDER
2:17-CV-01354-RSM

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MORGAN, LEWIS & BOCKIUS LLP
Attorneys at Law
77 West Wacker Drive
Chicago, IL 60601-5094