Clayton et al v. Air & Liquid Systems Corporation et al

Filing 45

ORDER denying Plaintiffs' 29 Motion for an expedited trial. 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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WILLIAM R. CLAYTON, et al.,

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Plaintiffs,

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v.

CASE NO. C18-0748JLR
ORDER DENYING MOTION
FOR EXPEDITED TRIAL

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AIR & LIQUID SYSTEMS
CORPORATION, et al.,

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Defendants.

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Before the court is Plaintiffs William R. Clayton and Jill D. Clayton’s
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(collectively, “Plaintiffs”) motion for an expedited trial. (Mot. (Dkt. # 29).) Defendants
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Warren Pumps LLC (“Warren Pumps”) and Syd Carpenter Marine Contractor (“Syd
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Carpenter”) responded to the motion. (Warren Resp. (Dkt. # 33); Syd Resp. (Dkt. # 43).)
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ORDER - 1

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The court has considered the motion, the responses to the motion, the relevant portions of

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the record, and the applicable law. Being fully advised,1 the court DENIES the motion.

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On May 23, 2018, this case was removed from state court. (Not. of Removal (Dkt.

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# 1).) Plaintiffs request an expedited trial to take place in December 2018, because Mr.

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Clayton suffers from a terminal illness—mesothelioma—and the state court scheduled an

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expedited trial due to his illness.2 (Mot. at 3-4.) Plaintiffs acknowledge that the court

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need not adopt the state court’s scheduling order, but nonetheless contend that Mr.

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Clayton has a “right to a priority trial” pursuant to RCW 4.44.025. (See id. at 3-5.)

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Although the court recognizes that Mr. Clayton’s illness may prevent him from

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participating in a trial that does not occur relatively soon, Plaintiffs are incorrect that Mr.

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Clayton is “entitled to a priority trial” in federal court. (See id. at 4.) Moreover, the

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court’s current trial calendar cannot accommodate a December 2018 trial, particularly a

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trial involving 12 defendants. Thus, the court DENIES Plaintiffs’ motion (Dkt. # 29) and

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will enter its standard scheduling order.

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Dated this 26th day of June, 2018.

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A

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JAMES L. ROBART
United States District Judge

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No party requests oral argument (see Mot. at 1; Warren Resp. at 1; Syd Resp. at 1), and
the court determines that oral argument would not be helpful to its disposition of the motion, see
Local Rules W.D. Wash. LCR 7(b)(4).
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Warren Pumps and Syd Carpenter ask that the trial be set for January 2019 if the court
grants the motion to expedite. (See Warren Resp. at 1; Syd Resp. at 1.)

ORDER - 2