Bergson v. United States of America et al

Filing 11

ORDER re: 9 Stipulated Motion for Order to Continue Pretrial Deadlines. FRCP 26f Conference Deadline is 12/26/2017, Initial Disclosure Deadline is 1/2/2018, Joint Status Report due by 1/2/2018, Plan as Required by FRCP 26(f) and Local Civil Rule 26(f) due 01/09/2018. Signed by Judge Ricardo S Martinez. (PM)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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CAROL BERGSON, an individual,
Plaintiff,

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NO. 2:17-cv-01441-RSM
v.
UNITED STATES OF AMERICA; PARSONS,
a foreign corporation; MBA CONSULTING
SERVICES, INC., a foreign corporation;
SERCO, INC., a foreign corporation;
WALTON INVESTMENT CO., INC., a
Washington corporation; UNKNOWN
PERSONS 1-5; and UNKNOWN ENTITIES
1-5,

JOINT MOTION FOR ORDER TO
CONTINUE PRETRIAL DEADLINES

Defendants.

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STIPULATED MOTION
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Plaintiff Carol Bergson and Defendants Parsons, MBA Consulting Services, Inc., Serco,
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Inc. and Walton Investment Co., Inc., hereby stipulate to entry of the following order without
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further notice. (The remaining defendants named in this action may not yet have been served with
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process and/or have not yet filed notices of appearance in the action.)
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This motion is based upon the Court’s inherent authority to manage its own schedule, and
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the following facts:
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The Complaint for Personal Injuries in this action was filed with the Court on September
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21, 2017. See Dkt. 1. The Complaint alleges Plaintiff was injured at a post office situated on real
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STIPULATED MOTION & ORDER TO CONTINUE
PRETRIAL DEADLINES - 1
STRITMATTER KESSLER WHELAN
KOEHLER MOORE KAHLER
3600 15th Ave. W.| Seattle,
WA 98119
Tel: [phone]

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estate owned by Defendant Walton Investment Co., Inc. and leased to the U.S. Postal Service,

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when she fell in an area alleged to have been designed and/or constructed by one or more of the

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Defendants. See generally, Dkt. 1.

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The Court issued its Order Regarding Initial Disclosures, Joint Status Report, and Early
Settlement on September 28, 2017. See Dkt. 3. That order set the following deadlines:

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Deadline for FRCP 26(f) Conference:

10/26/2017

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Initial Disclosures Pursuant to FRCP 26(a)(1):
Combined Joint Status Report and Discovery

11/2/2017

Plan as Required by FRCP 26(f) and Local Civil Rule 26(f):

11/9/2017

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Under FRCP 4(m), Plaintiff has a presumptive 90 days from the date of filing to complete
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service of process. On September 29, 2017, Plaintiff initiated service of process against the
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identified non-governmental defendants -- except Walton Investment Co., Inc. (which waived
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service of process) -- under FRCP 4(d), requesting waiver of the summons. Defendants receiving
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a request for waiver of service have up to 60 days from the date the waiver request was sent to
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answer the complaints or file a Rule 12 motion. FRCP 12(a)(1)(A)(ii) Plaintiff delivered process
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to the local United States Attorney and/or her civil process clerk on October 30, 2017, pursuant to
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FRCP 4(i)(1)(A)(i) and (ii). The United States has 60 days after service to answer. FRCP 12(a)(2).
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Not all parties have confirmed receipt of service of process in this action, though it service
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has been initiated with respect to all defendants except the unknown defendants. Defendant Walton
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Investment Co., Inc. waived service of process on November 1, 2017, but has not yet filed a formal
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appearance in this action. Only Defendant MBA Consulting Services, Inc. has answered the
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complaint. See Dkt. 8.
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STIPULATED MOTION & ORDER TO CONTINUE
PRETRIAL DEADLINES - 2
STRITMATTER KESSLER WHELAN
KOEHLER MOORE KAHLER
3600 15th Ave. W.| Seattle,
WA 98119
Tel: [phone]

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The Assistant United States Attorney (“AUSA”) responsible in this jurisdiction for tort

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suits against the United States involving the U.S. Postal Service contacted Plaintiff’s counsel. The

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AUSA said that based on her experience in other lawsuits against the Postal Service, she did not

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expect to receive documentation from it for at least 45 days from the date it receives service of

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process; without which information she would be unable to respond to the lawsuit; much less,

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make initial disclosures. She indicated she thought a continuance of 60 days as requested in this

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motion would be sufficient to enable her to do those things.

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Plaintiff’s counsel conferred with counsel who filed notices of appearance for the non-

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governmental defendants, and obtained their consent to continue by 60 days the foregoing

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deadlines, in order to give defendants time to be served, answer the complaint and collect

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information needed for initial disclosures. Until all parties are able to do so, little progress in this

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matter can be made. Cf. FRCP 4, Committee Notes on Rules – 2015 Amendment (shortening

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presumptive time for service of process from 120 days to 90 days, “together with the shortened

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times for issuing a scheduling order set by amended Rule 16(b)(2), will …increase the frequency

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of occasions to extend the time. More time may be needed, for example, when a request to waive

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service fails, [or] a defendant is difficult to serve….).

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Granting this motion would be in the interests of justice, and so the submitting parties

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respectfully request that the court do so.

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STIPULATED MOTION & ORDER TO CONTINUE
PRETRIAL DEADLINES - 3
STRITMATTER KESSLER WHELAN
KOEHLER MOORE KAHLER
3600 15th Ave. W.| Seattle,
WA 98119
Tel: [phone]

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DATED November 6, 2017.

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STRITMATTER KESSLER WHELAN
KOEHLER MOORE KAHLER

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s/ Daniel R. Laurence
Daniel R. Laurence, WSBA No. 19697
3600 15th Ave. W. #300
Seattle, WA 98119
Telephone: [phone]
Facsimile: [phone]
[e-mail]

ANDREWS-SKINNER, P.S.
[See attached signature page]
PAMELA M. ANDREWS, WSBA #14248
[e-mail]

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s/ Alison L. Markette
ALISON L. MARKETTE, WSBA #46477
645 Elliott Ave. W., Suite 350
Seattle, WA 98119
Tel. [phone]
Fax: [phone]
[e-mail]

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Attorneys for Defendant Serco, Inc.

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Attorneys for Plaintiff Carol Bergson

CARNEY BADLEY SPELLMAN, P.S.

LAW OFFICES OF KENNETH R. SEARCE

s/ Cindy G. Flynn
Cindy G. Flynn, WSBA No. 25713
[e-mail]

s/ Kasey Myrha
Kasey Myhra, WSBA No. 27100
[e-mail]

s/ John C. Dippold
John C. Dippold, WSBA No. 25658
[e-mail]

1300 Century Square
1501 Fourth Avenue
Seattle, WA 98101-3611
Tel.: [phone]
Fax: [phone]

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701 Fifth Avenue, Suite 3600
Seattle, WA 98104
Phone: [phone]
Facsimile: [phone]

Attorneys for Defendant Walton Investment
Services, Inc.

Attorneys for Defendant Parsons
Corporation
LAW OFFICES OF TIMOTHY J. FARLEY
s/ Richard P. Roberts
Richard P. Roberts, WSBA No. 20578
520 Pike Street, Suite 915
Seattle, WA 98101
Telephone: [phone]
Fax: [phone]
[e-mail]

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STIPULATED MOTION & ORDER TO CONTINUE
PRETRIAL DEADLINES - 4
STRITMATTER KESSLER WHELAN
KOEHLER MOORE KAHLER
3600 15th Ave. W.| Seattle,
WA 98119
Tel: [phone]

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Attorneys for Defendant MBA Consulting
Services

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STIPULATED MOTION & ORDER TO CONTINUE
PRETRIAL DEADLINES - 5
STRITMATTER KESSLER WHELAN
KOEHLER MOORE KAHLER
3600 15th Ave. W.| Seattle,
WA 98119
Tel: [phone]

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ORDER TO CONTINUE PRETRIAL DEADLINES
THIS MATTER came before this Court on the foregoing Stipulation. For good cause shown, IT

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IS ORDERED THAT the deadlines stated in Order Regarding Initial Disclosures, Joint Status

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Report, and Early Settlement (Dkt. 3) are hereby continued as follows:

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Deadline for FRCP 26(f) Conference:

12/26/2017

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Initial Disclosures Pursuant to FRCP 26(a)(1):
Combined Joint Status Report and Discovery

01/02/2018

Plan as Required by FRCP 26(f) and Local Civil Rule 26(f):

01/09/2018

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Dated this 8th day of November, 2017.

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A

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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Presented by:
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STRITMATTER KESSLER WHELAN
KOEHLER MOORE KAHLER

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s/ Daniel R. Laurence
Daniel R. Laurence, WSBA No. 19697
[e-mail]

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Attorneys for Plaintiff Carol Bergson

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STIPULATED MOTION & ORDER TO CONTINUE
PRETRIAL DEADLINES - 6
STRITMATTER KESSLER WHELAN
KOEHLER MOORE KAHLER
3600 15th Ave. W.| Seattle,
WA 98119
Tel: [phone]