Roberts v. Khounphixay et al

Filing 120

ORDER granting parties' 119 Stipulated Motion to Modify Deadlines. Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 6/19/2020, Rebuttal Expert Disclosure/Reports due by 7/20/2020, Dispositive motions due by 7/27/2020. Signed by Judge Marsha J. Pechman. (PM)

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HONORABLE JUDGE MARSHA J. PECHMAN

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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JOE J.W. ROBERTS, JR.,

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NO. 2:18-cv-0746-MJP-BAT

Plaintiff,

MOTION AND JOINT
STIPULATION TO MODIFY
DEADLINES AND PROPOSED
ORDER

v.
VILMA KHOUNPHIXAY, et al.,

NOTE ON MOTION CALENDAR:
APRIL 10, 2020

Defendants.

MOTION

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The parties submit the following Motion and Joint Stipulation for an Order modifying

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the Deadlines in this Court’s Order Setting Trial Date and Related Dates, Dkt. 108, to modify

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the deadline for initial expert disclosures from April 20, 2020 to June 19, 2020; to modify

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the dispositive motion deadline from July 20, 2020 to July 27, 2020, and to establish an

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expert rebuttal report deadline on July 20, 2020, in accordance with Fed. R. Civ. P. 16(b)(4).

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I.

JOINT STIPULATION

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The parties jointly stipulate to modify deadlines in this Court’s Order Setting Trial Date

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and Related Dates, Dkt. 108. This stipulation would set the deadline for initial expert

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disclosures from April 20, 2020 to June 19, 2020. This stipulation would establish an expert

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rebuttal report deadline on July 20, 2020. This stipulation would set the deadline to file and

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serve any dispositive motion from July 20, 2020 to July 27, 2020. This stipulation will not

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affect any other deadlines including the trial date, which is currently set for November 16, 2020.

MOTION & JOINT STIP TO MODIFY
DEADLINES & PROP ORDER
NO. 2:18-cv-0746-MJP-BAT

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ATTORNEY GENERAL OF WASHINGTON
Corrections Division
PO Box 40116
Olympia, WA 98504-0116
[phone]

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The parties stipulate to modify these deadlines to allow time for Defendants’ expert,

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Dr. Ryan Quirk, to complete his initial expert report in light of changed circumstances resulting

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from the world-wide coronavirus pandemic. Dr. Quirk is the manager of Psychiatric and Social

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Services for the King county jail. In that role he is considered essential staff and he continues to

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provide psychiatric services to patients incarcerated across two facilities (King County

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Correctional Facility and the Maleng Regional Justice Center). Psychiatric and Social Services

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is considered to be a part of the larger King County Public Health effort to respond effectively

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to COVID-19.

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Due to a decrease in staffing levels, which has taken place at the same time patient needs

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have increased and become more complex, Dr. Quirk has been called on to work long hours,

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seven days a week in order to provide patient care and facility coverage. During this challenging

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time, a large part of his focus and energy has also been on responding to staff concerns and

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managing staff schedules (both in terms of responding to lower staff levels, ensuring necessary

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coverage for patient care, developing and implementing new processes, and communication

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efforts). Consequently, the impacts of the coronavirus pandemic have been profound on

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Psychiatric and Social Services. In addition, this modification will permit additional time for the

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Court to consider Defendants’ pending Motion for a Rule 35 Independent Mental Examination,

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Dkt. 109, which Dr. Quirk believes would assist him in his role of providing expert testimony to

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help the jury to understand the evidence. Accordingly, given the current circumstances, there is

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MOTION & JOINT STIP TO MODIFY
DEADLINES & PROP ORDER
NO. 2:18-cv-0746-MJP-BAT

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ATTORNEY GENERAL OF WASHINGTON
Corrections Division
PO Box 40116
Olympia, WA 98504-0116
[phone]

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good cause for the proposed modifications to the current deadlines in this matter.

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Law Office of Harry Williams
Law Office of Jennifer Horwitz, PLLC

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By:

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s/ Harry Williams_______________
Harry Williams, IV, WSBA #41020
[e-mail]
Jennifer Horwitz, WSBA #23695
[e-mail]
Attorneys for Plaintiff

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DATED this 10th day of April 2020.

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ROBERT W. FERGUSON
Attorney General

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By:

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s/ Aaron Williams____________
Aaron Williams, WSBA #46044
[e-mail]
Attorney for Defendants

DATED this 10th day of April, 2020.

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MOTION & JOINT STIP TO MODIFY
DEADLINES & PROP ORDER
NO. 2:18-cv-0746-MJP-BAT

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ATTORNEY GENERAL OF WASHINGTON
Corrections Division
PO Box 40116
Olympia, WA 98504-0116
[phone]

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ORDER
Based on the stipulation of the parties, the Court ORDERS:

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The stipulation of the parties is GRANTED;

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The deadline for initial expert disclosures is moved to June 19, 2020;

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3.

The deadline for expert rebuttal reports is July 20, 2020;

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The deadline to file and serve any dispositive motion is moved to July 27, 2020; and

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The Clerk shall send copies of this Order to counsel for all parties.
IT IS SO ORDERED this 15th day of April 2020.

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A

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Marsha J. Pechman
Senior United States District Judge

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Presented By:

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Law Office of Harry Williams
Law Office of Jennifer Horwitz, PLLC

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By:

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s/ Harry Williams______________
Harry Williams, IV, WSBA #41020
[e-mail]
Jennifer Horwitz, WSBA #23695
[e-mail]
Attorneys for Plaintiff

DATED this 10th day of April 2020.

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ROBERT W. FERGUSON
Attorney General

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By:

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s/ Aaron Williams___________
Aaron Williams, WSBA #46044
[e-mail]
Attorney for Defendants

DATED this 10th day of April, 2020.

MOTION & JOINT STIP TO MODIFY
DEADLINES & PROP ORDER
NO. 2:18-cv-0746-MJP-BAT

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ATTORNEY GENERAL OF WASHINGTON
Corrections Division
PO Box 40116
Olympia, WA 98504-0116
[phone]