Brown v. Boeing Company

Filing 18

ORDER granting 17 Stipulated Motion for Extension of Time. The parties' deadline to file any motions to strike under FRCP 12(f) is extended to February 15, 2018. The deadline to respond to any motions under FRCP 12(f) is extended to March 8, 2018. Signed by Judge Ricardo S Martinez. (PM) cc: plaintiff via first class mail

1
2
3
4
5
6

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

7
8
9

v.

11

13

THE BOEING COMPANY, EMPLOYEE
BENEFIT PLANS COMMITTEE,
Defendants.

14

STIPULATION

15
16

STIPULATED MOTION FOR
EXTENSION OF TIME FOR MOTION
PRACTICE UNDER FRCP 12(f) AND
ORDER

Plaintiff,

10

12

Case No. C17-1354 RSM

ARLENE M. BROWN,

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

17

request that the Court allow for an extension of the deadlines for the parties to file any motions

18

pursuant to FRCP 12(f). The purpose of this relief is to allow the parties to discuss the

19

possibility of streamlining the issues in this suit at their FRCP 26(f) conference, which is

20

currently scheduled to take place on or before January 17, 2018. (See Dkt. # 13.) Absent an

21

Order granting this stipulated motion, any motions filed by Defendants under FRCP 12(f) would

22

need to be filed prior to responding to the First Amended Complaint (Dkt. # 16) on December

23

21, 2017, and any motions filed by Plaintiff under Rule 12(f) would need to be filed within 21

24

days after receiving Defendants’ response to Plaintiff’s First Amended Complaint. See FRCP

25

12(f)(2).

26

On October 26, 2017, the parties filed a stipulated motion pursuant to which Plaintiff
would have until November 15, 2017 to file an Amended Complaint, and Defendants would have
STIP. MOT. AND ORDER FOR EXTENSION
OF TIME FOR MOTION PRACTICE UNDER
FRCP 12(f)
2:17-cv-01354-RSM

1

MORGAN, LEWIS & BOCKIUS LLP
Attorneys at Law
77 West Wacker Drive
Chicago, IL 60604
+1.312.324.1000

1

until December 21, 2017, to file their Response to the Amended Complaint. (Dkt. # 12.) The

2

parties further stipulated to a deadline of January 17, 2018, for the FRCP 26(f) Conference, with

3

the parties to exchange FRCP 26(a) Initial Disclosures by January 24, 2017 and submit a FRCP

4

and LCR 26(f) Joint Status Report to the Court by January 31, 2018. (Id.) The Court granted the

5

parties’ stipulated motion on October 27, 2017. (Dkt. # 13.)

6

Plaintiff filed her Amended Complaint on November 14, 2017. (Dkt. # 16.) Defendants

7

are currently preparing their responsive pleading, which they will file on or before December 21,

8

2017. The parties conferred by telephone on December 4, 2017 and Defendants indicated to

9

Plaintiff that they may move to strike, among other things, her jury demand. The parties

10

determined that it would be most fruitful to allow the parties to engage in further negotiation

11

during the parties’ FRCP 26(f) conference and to see if motion practice can be avoided.

12

Accordingly, the parties agreed to extend the deadline to file any FRCP 12(f) motion to

13

February 15, 2018. The parties further agreed that the deadline to respond to any FRCP 12(f)

14

motion would be 21 days later, on March 8, 2018.

15

The parties thus jointly ask the Court to set February 15, 2018 as the deadline to file any

16

motions under FRCP 12(f), and March 8, 2018 as the deadline to file responses to any FRCP

17

12(f) motion.

18
19

IT IS SO STIPULATED.

20
21

DATED this 6th day of December, 2017.

22
23
24
25
26

STIP. MOT. FOR EXTENSION OF TIME
FOR MOTION PRACTICE UNDER FRCP 12(f)
2:17-CV-01354-RSM

2

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

1

FOX ROTHSCHILD LLP

2
3
4
5
6
7
8

By:

s/ Arlene M. Brown

By:

(with permission)

s/ Emily A. Glunz

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]

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

12

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]

13

Attorneys for Defendants

9
10
11

14
15
16
17
18
19
20
21
22
23
24
25
26
MORGAN, LEWIS &
BOCKIUS LLP
Attorneys at Law
Chicago

STIP. MOT. FOR EXTENSION OF TIME
FOR MOTION PRACTICE UNDER FRCP 12(f)
2:17-CV-01354-RSM

3

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

1
2
3
4
5
6

ORDER
The stipulation of the parties is hereby entered. The parties’ deadline to file any motions
to strike under FRCP 12(f) is extended to February 15, 2018. The deadline to respond to any
motions under FRCP 12(f) is extended to March 8, 2018.
DATED this 6th day of December 2017.

A

7
8

RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

9
10
11
12
13
14
15

Presented by:
MORGAN, LEWIS & BOCKIUS, LLP
By: s/ Emily A. Glunz

16
17
18
19

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

20
21
22
23

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

24
25
26

STIP. MOT. FOR EXTENSION OF TIME
FOR MOTION PRACTICE UNDER FRCP 12(f)
2:17-CV-01354-RSM

4

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