Ogilvie v. Thrifty PayLess Inc

Filing 35

ORDER denying the parties' 34 Stipulated Motion to modify the court's scheduling order. Signed by Judge James L. Robart. (PM)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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MARJORIE OGILVIE,
Plaintiff,

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v.

CASE NO. C18-0718JLR
ORDER DENYING MOTION TO
CONTINUE TRIAL

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THRIFTY PAYLESS INC., et al.,
Defendants.

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Before the court is the parties’ stipulated motion to modify the court’s scheduling

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order. (Stip. Mot. (Dkt. # 34).) For the reasons stated below, the court DENIES the

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motion.

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This case was removed to this court on May 17, 2018. (See Not. of Rem. (Dkt.

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# 1).) On July 17, 2018, the court scheduled the case for trial on October 15, 2019. (See

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Sched. Order (Dkt. # 17) at 1.)

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In support of their stipulated motion, the parties represent that counsel for Plaintiff

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Marjorie Ogilvie will be unavailable for the October 15, 2019, trial due to a conflict with

ORDER - 1

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a religious holiday. (See Stip. Mot. at 1.) The parties did not list this conflict in their

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joint status report, which the court uses to set trial. (See JSR (Dkt. # 16) at 5.) The

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parties state that they “have agreed to continue the trial and amend the trial schedule for

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any deadlines that have not already passed.” (Stip. Mot. at 1.) The parties request that

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the court set a new trial date for July 14-16, 2020. (Id.)

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Absent a showing of good cause, the court does not grant “short” trial

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continuances. See Fed. R. Civ. P. 16(b)(4); (Sched. Order at 2 (“The court will alter these

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dates only upon good cause shown . . . .”).) The court has a full trial calendar and will

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not imperil the trial dates of other parties, especially when the conflict should have been

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foreseen. Accordingly, the court DENIES the parties’ stipulated motion. (Dkt. # 34.)
Nevertheless, the court will consider moving the parties’ trial date to the end of the

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court’s trial calendar. If the parties wish to seek this relief, they should file a new

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stipulated motion to that effect. The parties should be aware that the court is presently

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scheduling trials in mid-to-late fall of 2020. If the court moves this matter to the end of

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its trial calendar, the court will also issue a new scheduling order with respect to all

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remaining pretrial deadlines.

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Dated this 25th day of June, 2019.

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A

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JAMES L. ROBART
United States District Judge

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