Silbaugh v. Federal Aviation Administration et al

Filing 53

ORDER re Parties' 52 Stipulated Motion to Extend Deadlines. Jury Trial CONTINUED to 9/20/2021 at 09:00 AM before Judge Ricardo S. Martinez. Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 3/5/2021, Discovery Motions due by 4/ 9/2021, Discovery completed by 5/5/2021, Dispositive motions due by 6/3/2021, 39.1 mediation to be completed by 7/22/2021, Motions in Limine due by 8/9/2021, Agreed Pretrial Order due by 8/25/2021, Voir dire/jury instructions/trial briefs/Exhibits due by 9/1/2021. Signed by Judge Ricardo S. Martinez. (PM)

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The Honorable Ricardo S. Martinez

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
ALISHA SILBAUGH, an individual,

) No.: 2:17-cv-01759-RSM
)
Plaintiff,
) STIPULATED MOTION TO EXTEND
) DEADLINES AND ORDER
vs.
)
)
ELAINE CHAO, Secretary of the Department ) NOTED FOR CONSIDERATION:
of Transportation,
) October 7, 2020
)
Defendant.
)
STIPULATION
Plaintiff Alisha Silbaugh and Defendant Elaine Chao, through their respective counsel,

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hereby stipulate to the present motion for an extension of the remaining case deadlines including

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the current trial date of May 3, 2021.

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A court may modify a schedule for good cause. Fed. R. Civ. P. 16(b)(4). Continuing

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pretrial and trial dates is within the discretion of the trial judge. See King v. State of California,

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784 F.2d 910, 912 (9th Cir. 1986). The parties are still engaged in discovery and expect

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discovery to extend beyond the current discovery deadline. The ongoing COVID-19 pandemic

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has also caused delays for both parties, necessitating additional time for discovery and pretrial

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preparations. Although the parties have worked cooperatively and diligently to meet the

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deadlines, they have been unable to obtain all of the necessary medical and other records because

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of the large volume of third party records held in this case. Without complete records, experts

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STIPULATED MOTION TO EXTEND DEADLINES
AND ORDER
2:17-cv-01759-RSM
Page 1

ROCKE | LAW Group, PLLC
101 Yesler Way, Suite 603
Seattle, WA 98104
[phone]

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will be unable to provide complete and accurate reports, and the parties are unable to complete

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discovery by the current deadlines. For these reasons, good cause exists for the court to modify

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the current case schedule.

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Based on the foregoing, the parties agree to extend the current deadlines as follows:

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Event

Current Deadline

New Deadline

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Disclosure of expert

November 6, 2020

March 5, 2021

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testimony under FRCP

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26(a)(2)

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Deadline for filing motions
related to discovery. Any
such motions shall be noted
for consideration pursuant to
LCR 7(d)(3)
Discovery completed by

December 5, 2020

April 9, 2021

January 6, 2021

May 5, 2021

February 4, 2021

June 3, 2021

March 18, 2021

July 22, 2021

April 5, 2021

August 9, 2021

April 21, 2021

August 25, 2021

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All dispositive motions must
be filed by and noted on the
motion calendar no later than
the fourth Friday thereafter
(see LCR 7(d))
Mediation per LCR
39.1(c)(3), if requested by the
parties, held no later than
All motions in limine must be
filed by and noted on the
motion calendar no later than
the THIRD Friday thereafter
Agreed pretrial order due

Pretrial conference to be
scheduled by the Court
Trial briefs, proposed voir
April 28, 2021
dire questions, jury
instructions, neutral statement
of the case, and trial exhibits
due
JURY TRIAL DATE
May 3, 2021
Length of Trial 5−9 days
STIPULATED MOTION TO EXTEND DEADLINES
AND ORDER
2:17-cv-01759-RSM
Page 2

September 1, 2021

September 20, 2021

ROCKE | LAW Group, PLLC
101 Yesler Way, Suite 603
Seattle, WA 98104
[phone]

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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DATED: October 7, 2020

ROCKE | LAW Group, PLLC

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s/ Peter Montine
Peter Montine, WSBA No. 49815
Rocke Law Group, PLLC
101 Yesler Way, Suite 603
Seattle, WA 98104
Phone: [phone]
Email: [e-mail]

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Attorney for Plaintiff
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DATED: October 7, 2020

United States Attorney’s Office

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s/ Sarah K. Morehead
SARAH K. MOREHEAD, WSBA #29680
HEATHER C. COSTANZO, FLBA #37378
Assistant United States Attorneys
United States Attorney’s Office
700 Stewart Street, Suite 5220
Seattle, WA 98101-1271
Phone: [phone]
Email: [e-mail]
Email: [e-mail]

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Attorneys for Defendant

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ORDER

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IT IS SO ORDERED.

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Dated this 8th day of October, 2020.

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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STIPULATED MOTION TO EXTEND DEADLINES
AND ORDER
2:17-cv-01759-RSM
Page 3

ROCKE | LAW Group, PLLC
101 Yesler Way, Suite 603
Seattle, WA 98104
[phone]

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DECLARATION OF SERVICE
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I caused a copy of the foregoing Stipulated Motion to Extend Deadlines and [Proposed]
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Order to be served on the following in the manner indicated:
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Via ECF:
Sarah K. Morehead
Heather Costanzo
Assistant United States Attorneys
United States Attorney’s Office
700 Stewart Street, Suite 5220
Seattle, Washington 98101
[e-mail]
[e-mail]

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on today’s date.
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I declare under penalty of perjury under the laws of the United States that the foregoing is
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true and correct to the best of my belief.
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Signed and DATED this 7th day of October, 2020.
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Katie Snodgrass, Legal Assistant

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STIPULATED MOTION TO EXTEND DEADLINES
AND ORDER
2:17-cv-01759-RSM
Page 4

ROCKE | LAW Group, PLLC
101 Yesler Way, Suite 603
Seattle, WA 98104
[phone]