Edge et al v. City of Everett

Filing 73

ORDER re Parties' 72 Stipulation Regarding Case Schedule: On or before October 20, 2020, Plaintiffs will produce their expert reports and all supporting materials. On or before December 21, 2020, the City will produce its expert reports (including any rebuttal or reply to Plaintiffs' expert reports) and all supporting materials. On or before January 22, 2021, Plaintiffs will produce any expert reports they intend to rely on in rebuttal or reply to the City's expert reports and all supporting materials. The Court sets a dispositive motion noting date of March 12, 2021. Signed by Judge Ricardo S. Martinez. (MW)

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The Honorable Ricardo S. Martinez 

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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JOINT STIPULATION AND ORDER
REGARDING CASE SCHEDULE

Plaintiff,

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Case No. 2:17-cv-01361-RSM

EDGE, et al.,

v.

13  CITY OF EVERETT,
Defendant.

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Plaintiffs Jovanna Edge, Leah Humphrey, Liberty Ziska, Amelia Powell, Natalie Bjerke,

17  and Matteson Hernandez (collectively, “Plaintiffs”) and Defendant City of Everett (the “City”)
18  (together, the “Parties”) hereby stipulate and move the Court as follows:
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On January 11, 2018, the Parties jointly requested that this lawsuit be stayed, including all

20  proceedings, applicable discovery and other deadlines, and the trial date, until resolution of the
21  City’s preliminary injunction appeal or upon earlier motion by either Party to re-commence the
22  lawsuit. (Dkt. No. 61.)
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On January 16, 2018, the Court granted the Parties’ request and stayed this lawsuit until

24  resolution of the City’s preliminary injunction appeal, and ordered the Parties submit a joint
25  status report to the Court following a final determination by the Ninth Circuit in the City’s
26  preliminary injunction appeal. (Dkt. No. 64.)
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On July 3, 2019, the Ninth Circuit issued its order granting the City’s appeal and reversing

28  and remanding this lawsuit back to this Court. (Dkt. No. 65.)
JOINT STIPULATION AND ORDER
REGARDING CASE SCHEDULE —1
[Case No.: 2:17-CV-01361-RSM]

Newman Du Wors LLP

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

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On March 12, 2020, the Ninth Circuit issued its final mandate. (No. 17-36038, Dkt. No.

2  73.)
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Following remand, the Parties have engaged in good-faith negotiations regarding the most

4  efficient way to move this case forward in light of the constraints presented by the ongoing
5  COVID-19 pandemic and the evidence gathered and presented by both sides in connection with
6  the 2017 preliminary injunction motions practice.
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Therefore, the Parties, through their respective counsel, of record, stipulate and agree as

8  follows:
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The Parties propose the following case schedule:
On or before October 20, 2020, Plaintiffs will produce their expert reports and all

11  supporting materials relied on by the experts other than those documents previously produced, in
12  the public record, in the control of the opposing party, or as easily accessible to the opposing
13  party as to Plaintiffs and the experts. Plaintiffs shall make any experts they disclose available for
14  deposition at mutually convenient times sufficiently in advance of the City’s deadline for expert
15  reports, with the understanding that these depositions will likely be conducted remotely unless
16  public health conditions improve enough to allow otherwise.
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On or before December 21, 2020, the City will produce its expert reports (including any

18  rebuttal or reply to Plaintiffs’ expert reports) and all supporting materials relied on by the experts
19  other than those documents previously produced, in the public record, in the control of the
20  opposing party, or as easily accessible to the opposing party as to Plaintiffs and the experts. To
21  the extent the City designates any experts, it shall make them available for deposition at mutually
22  convenient times sufficiently in advance of Plaintiffs deadline for rebuttal reports or filing of
23  dispositive motions, with the understanding that these depositions will likely be conducted
24  remotely unless public health conditions improve enough to allow otherwise.
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On or before January 22, 2021, Plaintiffs will produce any expert reports they intend to

26  rely on in rebuttal to any of the City’s expert reports (aside from rebuttal reports, to which no
27  further reply is permitted) and all supporting materials relied on by the experts other than those
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JOINT STIPULATION AND ORDER
REGARDING CASE SCHEDULE —2
[Case No.: 2:17-CV-01361-RSM]

Newman Du Wors LLP

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

1  documents previously produced, in the public record, in the control of the opposing party, or as
2  easily accessible to the opposing party as to Plaintiffs and the experts.
3 

Plaintiffs agree that they will, in filing and defending dispositive motions, rely solely on

4  the factual record already presented to the Court during the preliminary injunction proceedings,
5  with the exception of expert witness testimony and supporting materials (i.e., studies and already
6  of record evidence upon which the experts may rely). The City, in turn, agrees to rely on the
7  factual record already presented to the Court during the preliminary injunction proceedings, with
8  the exception of additional factual testimony or records responsive to any new issues raised by
9  Plaintiffs or Plaintiffs’ experts, or any expert designations of its own as contemplated above.
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Upon that basis, the Parties agree that other than the discovery already completed, the

11  expert discovery contemplated above, and any supplemental fact discovery reasonably
12  responsive to the above expert designations and supporting materials, they will not seek further
13  discovery of the other absent mutual assent or leave of the Court.
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On or before February 18, 2021 the Parties will file their respective motions for summary

15  judgment (if any), noted for hearing on March 12, 2021, with response and reply briefs to be due
16  pursuant to the federal civil rules and local rules of this Court.
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If any issues remain to be tried following summary judgment, the Parties will meet and

18  confer with each other and propose a pre-trial and trial schedule to the Court at that time.
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SO STIPULATED.

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JOINT STIPULATION AND ORDER
REGARDING CASE SCHEDULE —3
[Case No.: 2:17-CV-01361-RSM]

Newman Du Wors LLP

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

1  Respectfully submitted, October 20, 2020.
2 

NEWMAN DU WORS LLP

PACIFICA LAW GROUP LLP

s/ Jason B. Sykes
Derek A. Newman, WSBA #26967
[e-mail]
Jason B. Sykes, WSBA #44369
[e-mail]
Rachel J. Horvitz, WSBA #52987
[e-mail]

s/ Matthew J. Segal
Matthew J. Segal, WSBA #29797
[e-mail]
Jamie L. Lisagor, WSBA #39946
[e-mail]
Sarah C. Johnson. WSBA #34529
[e-mail]
Sarah S. Washburn, WSBA #44418
[e-mail]

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Attorneys for Plaintiffs

CITY OF EVERETT

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S/ Ramsey

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Ramerman
Ramsey Ramerman, WSBA #30423
[e-mail]

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Attorneys for Defendant

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JOINT STIPULATION AND ORDER
REGARDING CASE SCHEDULE —4
[Case No.: 2:17-CV-01361-RSM]

Newman Du Wors LLP

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

ORDER 

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This matter having come before the Court on the above Joint Stipulation Regarding Case

3  Schedule, the Court HEREBY ORDERS THAT:
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On or before October 20, 2020, Plaintiffs will produce their expert reports and all

5  supporting materials relied on by the experts other than those documents previously produced, in
6  the public record, in the control of the opposing party, or as easily accessible to the opposing
7  party as to Plaintiffs and the experts. Plaintiffs shall make any experts they disclose available for
8  deposition at mutually convenient times sufficiently in advance of the City’s deadline for expert
9  reports, with the understanding that these depositions will likely be conducted remotely unless
10  public health conditions improve enough to allow otherwise.
11 

On or before December 21, 2020, the City will produce its expert reports (including any

12  rebuttal or reply to Plaintiffs’ expert reports) and all supporting materials relied on by the experts
13  other than those documents previously produced, in the public record, in the control of the
14  opposing party, or as easily accessible to the opposing party as to Plaintiffs and the experts. To
15  the extent the City designates any experts, it shall make them available for deposition at mutually
16  convenient times sufficiently in advance of Plaintiffs deadline for rebuttal reports or filing of
17  dispositive motions, with the understanding that these depositions will likely be conducted
18  remotely unless public health conditions improve enough to allow otherwise.
19 

On or before January 22, 2021, Plaintiffs will produce any expert reports they intend to

20  rely on in rebuttal or reply to the City’s expert reports and all supporting materials relied on by
21  the experts other than those documents previously produced, in the public record, in the control
22  of the opposing party, or as easily accessible to the opposing party as to Plaintiffs and the
23  experts.
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Other than the discovery already completed, the expert discovery set forth above, and any

25  supplemental fact discovery reasonably responsive to the above expert designations and
26  supporting materials, the Parties are prohibited from taking any further discovery of the other
27  absent mutual assent or leave of the Court.
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JOINT STIPULATION AND ORDER
REGARDING CASE SCHEDULE —5
[Case No.: 2:17-CV-01361-RSM]

Newman Du Wors LLP

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

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The Court sets a dispositive motion noting date of March 12, 2021 consistent with this

2  stipulation and order.
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If any issues remain to be tried following the Court’s resolution of summary-judgment

4  motions, the Parties will meet and confer with each other and propose a pre-trial and trial
5  schedule to the Court at that time.
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IT IS SO ORDERED.

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Dated this 20th day of October, 2020.

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A

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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Presented by:
NEWMAN DU WORS LLP

PACIFICA LAW GROUP LLP

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s/ Jason B. Sykes
Derek A. Newman, WSBA #26967
[e-mail]
Jason B. Sykes, WSBA #44369
[e-mail]
Rachel J. Horvitz, WSBA #52987
[e-mail]

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Attorneys for Plaintiffs

s/ Matthew J. Segal
Matthew J. Segal, WSBA #29797
[e-mail]
Jamie L. Lisagor, WSBA #39946
[e-mail]
Sarah C. Johnson. WSBA #34529
[e-mail]
Sarah S. Washburn, WSBA #44418
[e-mail]

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CITY OF EVERETT

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S/ Ramsey

Ramerman
Ramsey Ramerman, WSBA #30423
[e-mail]

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Attorneys for Defendant
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JOINT STIPULATION AND ORDER
REGARDING CASE SCHEDULE —6
[Case No.: 2:17-CV-01361-RSM]

Newman Du Wors LLP

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