City of Issaquah v. ORA Talus 90, LLC et al

Filing 102

ORDER re parties' 101 Stipulated Motion to Continue Trial Date and Related Deadlines. Jury Trial CONTINUED to 7/26/2021 at 09:00 AM before Judge Ricardo S. Martinez. Motions related to discovery due by 10/14/2020, Lay Discovery completed b y 11/11/2020, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 12/16/2020, Rebuttal Expert Disclosure/Reports due by 1/20/2021, Commencement of expert depositions due 2/16/2021, Expert discovery completed by 4/5/2021, Dispositive moti ons due by 4/19/2021, 39.1 mediation to be completed by 5/5/2021, Motions in Limine due by 6/8/2021, Agreed Pretrial Order due by 6/30/2021, Voir dire/jury instructions/trial briefs due by 7/6/2021. Signed by Judge Ricardo S. Martinez.(PM)

Case 2:18-cv-00910-RSM Document 102 Filed 06/03/20 Page 1 of 13

HONORABLE RICARDO MARTINEZ

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON AT SEATTLE

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CITY OF ISSAQUAH, a municipal
corporation,
Plaintiff,

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v.

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Defendants.
ORA TALUS 90, LLC, a Delaware limited
liability company; and RESMARK EQUITY
PARTNERS, LLC, a Delaware limited liability
company,
Third-Party Plaintiffs,

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STIPULATED MOTION AND ORDER TO
CONTINUE TRIAL DATE AND RELATED
DEADLINES

ORA TALUS 90, LLC, a Delaware limited
liability company; and RESMARK EQUITY
PARTNERS, LLC, a Delaware limited liability
company,

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NO. 18-CV-00910 RSM

v.
TERRA TALUS LLC, a Washington limited
liability company; ELEMENT RESIDENTIAL
INC., a Washington corporation; JOSHUA
FREED, an individual; J.R. HAYES & SONS,
INC., a Washington corporation; TERRA
ASSOCIATES, INC., a Washington
corporation; TALUS MANAGEMENT
SERVICES LLC, a Washington limited
liability company; and TALUS 7&8, LLC, a
Washington limited liability company,

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Third-Party Defendants.
STIPULATED MOTION AND [PROPOSED] ORDER TO
CONTINUE TRIAL DATE AND RELATED
DEADLINES - 1
{04005831.DOCX;4 }

CAIRNCROSS & HEMPELMANN, P.S.
ATTORNEYS AT LAW
524 Second Avenue, Suite 500
Seattle, Washington 98104-2323
office 206 587 0700 fax [phone]

Case 2:18-cv-00910-RSM Document 102 Filed 06/03/20 Page 2 of 13

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TALUS 7&8 INVESTMENT, LLC, a
Washington limited liability company; J.R.
HAYES & SONS, INC., a Washington
corporation,

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Fourth-Party Plaintiffs,
v.
KULCHIN FOUNDATION DRILLING
COMPANY, a Washington corporation, and
BIG MOUNTAIN ENTERPRISE LLC, a
Washington limited liability company,
Fourth-Party Defendants.

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AND RELATED COUNTERCLAIMS AND
CROSSCLAIMS

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I.

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RELIEF REQUESTED

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Pursuant to LCR 16(b)(6), the Parties, by and through their respective counsel, jointly

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move the Court to continue the trial date, presently set for February 22, 2021, by approximately

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five months to July 2021, or as soon thereafter as the Court is available, and to issue a new case

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schedule as outlined herein. In February of 2020, the Parties jointly requested, and the Court

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granted, a four-month continuance of the trial date and related deadlines. Dkt. No. 97. This motion

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represents the Parties’ second request to continue the trial date and all related pretrial dates. Good

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cause supports this request for a trial continuance.
II.

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BACKGROUND FACTS

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The instant litigation arises out of a November 2015 landslide on a section of real property,

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commonly referred to as Talus Parcel 9, located in Issaquah, Washington. The cause of the

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landslide, as well as the nature and extent of the alleged resulting damage, is complicated and

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disputed.

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The City of Issaquah (the “City”) initiated a lawsuit in June 2018 in King County Superior

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Court against the owners of Talus Parcel 9 for damage to the City’s infrastructure and water
STIPULATED MOTION AND ORDER TO CONTINUE
TRIAL DATE AND RELATED DEADLINES - 2
{04005831.DOCX;4 }

CAIRNCROSS & HEMPELMANN, P.S.
ATTORNEYS AT LAW
524 Second Avenue, Suite 500
Seattle, Washington 98104-2323
office 206 587 0700 fax [phone]

Case 2:18-cv-00910-RSM Document 102 Filed 06/03/20 Page 3 of 13

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facilities caused by the landslide. The property owner removed the action to federal court, asserted

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counterclaims against the City, and impleaded other parties alleging they are at fault for the City’s

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damages, if any, as well as the property owner’s damages. Two of these third-party defendants,

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in turn, impleaded two subcontractors. The parties have collectively asserted at least 30 claims,

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counterclaims, and crossclaims amongst one another. The case involves 10 parties, represented

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by over 20 lawyers from 13 law firms.

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Discovery in this action is ongoing and extensive. The Parties have produced over 15,000

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documents, many of which consist of dense construction project files and complicated engineering

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records. Some of the parties have not completed their document productions and continue to

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produce their responsive documents on a rolling basis. Additionally, a number of parties’ written

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discovery and document productions were significantly delayed during the coronavirus pandemic

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and current stay-at-home order in the State.

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Deposition scheduling has also been stymied due to the COVID-19 pandemic and resulting

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stay at home orders in Washington and around the country.

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collaboratively worked together to schedule approximately two dozen depositions to occur in

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March and April. However, the Parties were subsequently forced to cancel these depositions due

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to the rise of the pandemic in Washington (and around the country) in late-February and March.

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By collective agreement, the Parties have since put all depositions on hold for the time-being given

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the pandemic and pending Stay-At-Home Order in Washington and California (where lead counsel

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for ORA Talus 90 resides). The Parties have held monthly teleconferences to discuss the

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possibility of resuming depositions taking into account first and foremost the personal health and

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safety of the witnesses, the court reporters, and counsel. During the Parties’ teleconference on

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April 30, 2020, counsel agreed that, given the number of parties and separate law firms involved,

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as well as the volume of documents anticipated to be used at each deposition, in-person depositions

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are preferred over video-conference depositions. The Parties, therefore, stipulated to hold off

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scheduling depositions for at least another four weeks as they monitor the public health situation.
STIPULATED MOTION AND ORDER TO CONTINUE
TRIAL DATE AND RELATED DEADLINES - 3
{04005831.DOCX;4 }

In February, the Parties had

CAIRNCROSS & HEMPELMANN, P.S.
ATTORNEYS AT LAW
524 Second Avenue, Suite 500
Seattle, Washington 98104-2323
office 206 587 0700 fax [phone]

Case 2:18-cv-00910-RSM Document 102 Filed 06/03/20 Page 4 of 13

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Thus, despite the Parties’ efforts, the current June 5, 2020, lay discovery deadline is

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proving unrealistic for the aforementioned reasons. The Parties have agreed to address scheduling

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of approximately 30 fact depositions late this month, depending on state quarantine orders, with

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the hope that these depositions can be held (with the appropriate social distancing and health

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precautions) in July and August. The Parties agree that each fact witness deposition will last the

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entire seven-hour allowable time period, unless the Parties agree that additional time is necessary

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for a particularly key witness.

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Additionally, the Parties expect at least 14 expert depositions will occur after the fact

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witnesses. Expert analysis and subsequent reports cannot be finalized until the parties complete

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the fact witness depositions. The experts will rely upon written documentation and fact witness

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deposition testimony. The Parties anticipate each expert will require a substantial amount of time

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to complete their analysis and issue written reports. Each expert will need to review the reports of

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other experts in order to develop any rebuttal reports per the Federal Rules. All of these activities

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must occur before each expert sits for a deposition. As with the fact witnesses, the Parties

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anticipate each expert deposition will last a full day.

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The Parties have fully cooperated in developing and proceeding with discovery. However,

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despite significant effort and cooperation, and as a result of the COVID-19 pandemic, the Parties

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cannot accomplish the fact witness depositions and expert discovery under the current case

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schedule. The Parties also cannot adequately prepare for a February 2021 trial.

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Counsel have diligently collaborated on discovery, including deposition scheduling. While

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reluctant to seek a second trial continuance, the Parties concur that a minimal continuance of

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approximately five months would allow the Parties to efficiently complete discovery and properly

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prepare for mediation and trial, given current expectations about the pandemic.

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STIPULATED MOTION AND ORDER TO CONTINUE
TRIAL DATE AND RELATED DEADLINES - 4
{04005831.DOCX;4 }

CAIRNCROSS & HEMPELMANN, P.S.
ATTORNEYS AT LAW
524 Second Avenue, Suite 500
Seattle, Washington 98104-2323
office 206 587 0700 fax [phone]

Case 2:18-cv-00910-RSM Document 102 Filed 06/03/20 Page 5 of 13

III.

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AUTHORITY AND ARGUMENT

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LCR 16(b)(6) binds the Parties to the Court’s scheduling order after the Parties submit a

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Joint Status Report. LCR 16 authorizes the Parties to move the Court to amend or modify the case

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schedule upon a showing of good cause.

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Due to the number of parties and number of counsel at different law firms, the complexity

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of the facts and issues involved in the case, the number of fact witness depositions that the parties

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will hold (some of which may be taken out of state), the number of expert witness depositions still

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to be scheduled, and, of course, the extensive delay that has resulted due to the pandemic and Stay-

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At-Home Order, the Parties agree that a continuance of the trial date is necessary. The Parties are

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cooperating in good faith to complete the anticipated discovery in a timely and efficient manner.

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The Parties have held several teleconferences to discuss written discovery and document

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productions as well as scheduling depositions; the Parties continue to communicate collectively

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and cooperatively regarding these issues.

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Yet, complying with the current case schedule deadlines has become unrealistic given the
delay caused by the COVID-19 pandemic and related Stay-At-Home Orders.
The Parties, therefore, request the Court continue the trial date and amend the case schedule
(Dkt. Nos. 84, 85, 92, 97) as follows:

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Motions related to discovery filing deadline

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Current deadline: May 7, 2020

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Requested deadline: October 14, 2020

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Lay discovery completed by

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Current deadline: June 5, 2020

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Requested deadline: November 11, 2020

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Expert Disclosures pursuant to FRCP 26(a)(2)

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Current deadline: July 17, 2020

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Requested deadline: December 16, 2020
STIPULATED MOTION AND ORDER TO CONTINUE
TRIAL DATE AND RELATED DEADLINES - 5
{04005831.DOCX;4 }

CAIRNCROSS & HEMPELMANN, P.S.
ATTORNEYS AT LAW
524 Second Avenue, Suite 500
Seattle, Washington 98104-2323
office 206 587 0700 fax [phone]

Case 2:18-cv-00910-RSM Document 102 Filed 06/03/20 Page 6 of 13

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Service of Expert Rebuttal Reports pursuant to FRCP 26(a)(2)

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Current deadline: August 18, 2020

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Requested deadline: January 20, 2021

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Commencement of expert depositions

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Current deadline: September 15, 2020

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Requested deadline: February 16, 2021

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Expert discovery completed by

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Current deadline: November 6, 2020

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Requested deadline: April 5, 2021

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All dispositive motions and motions challenging experts must be filed by

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Current deadline: November 19, 2020

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Requested deadline: April 19, 2021

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Mediation Per LCR 39.1(c), if requested by the parties, held no later than

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Current deadline: December 31, 20201

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Requested deadline: May 5, 2021

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All motions in limine must be filed by and noted on the motion calendar no later than
the THIRD Friday thereafter

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Current deadline: January 7, 2021

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Requested deadline: June 8, 2021

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Agreed pretrial order due

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Current deadline: January 29, 2021

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Requested deadline: June 30, 2021

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The Parties have discussed and do anticipate participating in a third mediation after key depositions have been taken
and the Parties have more information upon which to base their respective settlement negotiations.

STIPULATED MOTION AND ORDER TO CONTINUE
TRIAL DATE AND RELATED DEADLINES - 6
{04005831.DOCX;4 }

CAIRNCROSS & HEMPELMANN, P.S.
ATTORNEYS AT LAW
524 Second Avenue, Suite 500
Seattle, Washington 98104-2323
office 206 587 0700 fax [phone]

Case 2:18-cv-00910-RSM Document 102 Filed 06/03/20 Page 7 of 13

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Trial briefs, proposed voir dire questions, jury instructions, neutral statement of the
case, and trial exhibits due

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Current deadline: February 8, 2021

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Requested deadline: July 6, 2021

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Jury trial date

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Current deadline: February 22, 2021

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Requested deadline: July 26, 2021
IV.

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CONCLUSION

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For the reasons stated above, the Parties jointly and respectfully request that this Court

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grant their motion and continue the current trial date as well as the corresponding pretrial deadlines.

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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DATED this 28th day of May, 2020.

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CAIRNCROSS & HEMPELMANN, P.S.

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KEATING, BUCKLIN &
MCCORMACK, INC., P.S.

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By: s/Terence J. Scanlan
Terence J. Scanlan, WSBA #19498
Patricia A. Laughman, WSBA #46716
524 Second Avenue, Suite 500
Seattle, WA 98104-2323
Telephone: [phone]
Facsimile: 206-447-1973
Email: [e-mail]
Email: [e-mail]

By: s/Michael C. Walter
Michael C. Walter, WSBA #15044
Jeremy W. Culumber, WSBA #35423
801 Second Avenue, Suite 1210
Seattle, WA 98104
Telephone: [phone]
Email: [e-mail]
Email: [e-mail]

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Attorneys for the City of Issaquah

Attorneys for the City of Issaquah

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BROWN WHITE & OSBORN LLP

HARRIGAN LEYH FARMER &
THOMSEN LLP

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By: s/Cynthia M. Cohen
Cynthia M. Cohen, Admitted Pro Hac Vice
333 S. Hope Street, Suite 4000
Los Angeles, CA 90071
Telephone: [phone]
Facsimile: 213-613-0550
E-Mail: [e-mail]

By: s/Tyler L. Farmer
Arthur W. Harrigan, WSBA #1751
Tyler L. Farmer, WSBA #39912
999 Third Avenue, Suite 4400
Seattle, WA 98104
Telephone: [phone]
Facsimile: [phone]

STIPULATED MOTION AND ORDER TO CONTINUE
TRIAL DATE AND RELATED DEADLINES - 7
{04005831.DOCX;4 }

CAIRNCROSS & HEMPELMANN, P.S.
ATTORNEYS AT LAW
524 Second Avenue, Suite 500
Seattle, Washington 98104-2323
office 206 587 0700 fax [phone]

Case 2:18-cv-00910-RSM Document 102 Filed 06/03/20 Page 8 of 13

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Attorneys for ORA Talus 90, LLC and Resmark
Equity Partners, LLC

Attorneys for ORA Talus 90, LLC and
Resmark Equity Partners, LLC

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FOSTER GARVEY PC

STOEL RIVES LLP

By: s/Jack P. Zahner
Jack P. Zahner, WSBA #24505
1111 Third Avenue, Suite 3000
Seattle, WA 98101
Telephone: [phone]
Email: [e-mail]

By: s/Patrick Mullaney
Patrick Mullaney, WSBA #21982
600 University Street, Suite 3600
Seattle, WA 98101
Telephone: [phone]
Facsimile: 206-386-7500
Email: [e-mail]

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Attorneys for J.R. Hayes & Sons, Inc, Talus 7 &
8, LLC, and Talus Management Services LLC

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Email: [e-mail]
Email: [e-mail]

Attorneys for J.R. Hayes & Sons, Inc,
Talus 7 & 8, LLC, and Talus Management
Services LLC

PREG O’DONNELL & GILLETT PLLC

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By: s/Stephanie Ballard
John K. Butler, WSBA #28528
Stephanie Ballard, WSBA #49268
901 5th Avenue, Suite 3400
Seattle WA 98164
Telephone: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for J.R. Hayes & Sons, Inc.

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WILLIAMS, KASTNER & GIBBS PLLC

CLEMENT & DROTZ, PLLC

By: s/Theresa H. Rava
By: s/W. Scott Clement
Dean G. von Kallenbach, WSBA #12870
W. Scott Clement, WSBA #16243
Theresa H. Rava, WSBA #53159
100 W. Harrison Street, Suite N350
601 Union Street, Suite 4100
Seattle, WA 98119
Seattle, WA 98101-2380
Telephone: [phone]
Telephone: [phone]
Facsimile: 206-448-2235
Facsimile: 206-628-6611
Email: [e-mail]
Email:[e-mail]
Email: [e-mail]
Attorneys for Joshua Freed

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STIPULATED MOTION AND ORDER TO CONTINUE
TRIAL DATE AND RELATED DEADLINES - 8
{04005831.DOCX;4 }

CAIRNCROSS & HEMPELMANN, P.S.
ATTORNEYS AT LAW
524 Second Avenue, Suite 500
Seattle, Washington 98104-2323
office 206 587 0700 fax [phone]

Case 2:18-cv-00910-RSM Document 102 Filed 06/03/20 Page 9 of 13

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Attorneys for Element Residential Inc., Terra
Talus, LLC and Joshua Freed
FORSBERG & UMLAUF, P.S.
By: s/Vicky L. Strada
A. Grant Lingg, WSBA #24227
Vicky L. Strada, WSBA #34559
901 Fifth Avenue, Suite 1400
Seattle, WA 98164
Telephone: [phone]
Facsimile: 206-689-8501
Email: [e-mail]
Email: [e-mail]

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By: s/Brian Buron
Whitney L.C. Smith, WSBA #21159
Brian Buron, WSBA #27206
901 5th Ave., Suite 1700
Seattle, WA 98164-2050
Telephone: [phone]
Facsimile: 206-623-9273
Email: [e-mail]
Email: [e-mail]

Attorneys for Terra Associates, Inc.
Attorneys Terra Talus, LLC
OLES MORRISON RINKER & BAKER LLP

FLOYD PFLUEGER & RINGER, P.S.

By: s/Bradley L. Powell
Bradley L. Powell, WSBA #11158
701 Pike Street, Suite 1700
Seattle, WA 98101
Telephone: [phone]
Email: [e-mail]

By: s/Douglas K. Weigel
Douglas K. Weigel, WSBA #27192
Amanda D. Daylong, WSBA #48013
200 W. Thomas Street, Suite 500
Seattle, WA 98119
Telephone: [phone]
Email: [e-mail]
Email: [e-mail]

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WILSON SMITH COCHRAN
DICKERSON

Attorneys for Kulchin Foundation Drilling
Company

Attorneys for Big Mountain Enterprises

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STIPULATED MOTION AND ORDER TO CONTINUE
TRIAL DATE AND RELATED DEADLINES - 9
{04005831.DOCX;4 }

CAIRNCROSS & HEMPELMANN, P.S.
ATTORNEYS AT LAW
524 Second Avenue, Suite 500
Seattle, Washington 98104-2323
office 206 587 0700 fax [phone]

Case 2:18-cv-00910-RSM Document 102 Filed 06/03/20 Page 10 of 13

ORDER

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PURSUANT TO THE STIPULATED MOTION, IT IS SO ORDERED.

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DATED this 3rd day of June, 2020.

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A

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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Presented by:
CAIRNCROSS & HEMPELMANN, P.S.

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KEATING, BUCKLIN &
MCCORMACK, INC., P.S.

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By: s/Terence J. Scanlan
Terence J. Scanlan, WSBA #19498
Patricia A. Laughman, WSBA #46716
524 Second Avenue, Suite 500
Seattle, WA 98104-2323
Telephone: [phone]
Facsimile: 206-447-1973
Email: [e-mail]
Email: [e-mail]

By: s/Michael C. Walter
Michael C. Walter, WSBA #15044
Jeremy W. Culumber, WSBA #35423
801 Second Avenue, Suite 1210
Seattle, WA 98104
Telephone: [phone]
Email: [e-mail]
Email: [e-mail]

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Attorneys for the City of Issaquah

Attorneys for the City of Issaquah

BROWN WHITE & OSBORN LLP

HARRIGAN LEYH FARMER &
THOMSEN LLP

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By: s/Cynthia M. Cohen
Cynthia M. Cohen, Admitted Pro Hac Vice
333 S. Hope Street, Suite 4000
Los Angeles, CA 90071
Telephone: [phone]
Facsimile: 213-613-0550
E-Mail: [e-mail]
Attorneys for ORA Talus 90, LLC and Resmark
Equity Partners, LLC

By: s/Tyler L. Farmer
Arthur W. Harrigan, WSBA #1751
Tyler L. Farmer, WSBA #39912
999 Third Avenue, Suite 4400
Seattle, WA 98104
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]

STIPULATED MOTION AND ORDER TO CONTINUE
TRIAL DATE AND RELATED DEADLINES - 10
{04005831.DOCX;4 }

CAIRNCROSS & HEMPELMANN, P.S.
ATTORNEYS AT LAW
524 Second Avenue, Suite 500
Seattle, Washington 98104-2323
office 206 587 0700 fax [phone]

Case 2:18-cv-00910-RSM Document 102 Filed 06/03/20 Page 11 of 13

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Attorneys for ORA Talus 90, LLC and
Resmark Equity Partners, LLC

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3
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5
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FOSTER GARVEY PC

STOEL RIVES LLP

By: s/Jack P. Zahner
Jack P. Zahner, WSBA #24505
1111 Third Avenue, Suite 3000
Seattle, WA 98101
Telephone: [phone]
Email: [e-mail]

By: s/Patrick Mullaney
Patrick Mullaney, WSBA #21982
600 University Street, Suite 3600
Seattle, WA 98101
Telephone: [phone]
Facsimile: 206-386-7500
Email: [e-mail]

Attorneys for J.R. Hayes & Sons, Inc, Talus 7 &
8, LLC, and Talus Management Services LLC

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10
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Attorneys for J.R. Hayes & Sons, Inc,
Talus 7 & 8, LLC, and Talus Management
Services LLC

PREG O’DONNELL & GILLETT PLLC

16

By: s/Stephanie Ballard
John K. Butler, WSBA #28528
Stephanie Ballard, WSBA #49268
901 5th Avenue, Suite 3400
Seattle WA 98164
Telephone: [phone]
Email: [e-mail]
Email: [e-mail]

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Attorneys for J.R. Hayes & Sons, Inc.

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WILLIAMS, KASTNER & GIBBS PLLC

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By: s/W. Scott Clement
By: s/Theresa H. Rava
Dean G. von Kallenbach, WSBA #12870
W. Scott Clement, WSBA #16243
Theresa H. Rava, WSBA #53159
100 W. Harrison Street, Suite N350
601 Union Street, Suite 4100
Seattle, WA 98119
Seattle, WA 98101-2380
Telephone: [phone]
Telephone: [phone]
Facsimile: 206-448-2235
Facsimile: 206-628-6611
Email: [e-mail]
Email:[e-mail]
Email: [e-mail]
Attorneys for Joshua Freed

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15

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CLEMENT & DROTZ, PLLC

Attorneys for Element Residential Inc., Terra
Talus, LLC and Joshua Freed

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STIPULATED MOTION AND ORDER TO CONTINUE
TRIAL DATE AND RELATED DEADLINES - 11
{04005831.DOCX;4 }

CAIRNCROSS & HEMPELMANN, P.S.
ATTORNEYS AT LAW
524 Second Avenue, Suite 500
Seattle, Washington 98104-2323
office 206 587 0700 fax [phone]

Case 2:18-cv-00910-RSM Document 102 Filed 06/03/20 Page 12 of 13

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FORSBERG & UMLAUF, P.S.
By: s/Vicky L. Strada
A. Grant Lingg, WSBA #24227
Vicky L. Strada, WSBA #34559
901 Fifth Avenue, Suite 1400
Seattle, WA 98164
Telephone: [phone]
Facsimile: 206-689-8501
Email: [e-mail]
Email: [e-mail]

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By: s/Brian Buron
Whitney L.C. Smith, WSBA #21159
Brian Buron, WSBA #27206
901 5th Ave., Suite 1700
Seattle, WA 98164-2050
Telephone: [phone]
Facsimile: 206-623-9273
Email: [e-mail]
Email: [e-mail]

Attorneys for Terra Associates, Inc.
Attorneys Terra Talus, LLC
OLES MORRISON RINKER & BAKER LLP

FLOYD PFLUEGER & RINGER, P.S.

By: s/Bradley L. Powell
Bradley L. Powell, WSBA #11158
701 Pike Street, Suite 1700
Seattle, WA 98101
Telephone: [phone]
Email: [e-mail]

By: s/Douglas K. Weigel
Douglas K. Weigel, WSBA #27192
Amanda D. Daylong, WSBA #48013
200 W. Thomas Street, Suite 500
Seattle, WA 98119
Telephone: [phone]
Email: [e-mail]
Email: [e-mail]

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WILSON SMITH COCHRAN
DICKERSON

Attorneys for Kulchin Foundation Drilling
Company

Attorneys for Big Mountain Enterprises

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24
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STIPULATED MOTION AND ORDER TO CONTINUE
TRIAL DATE AND RELATED DEADLINES - 12
{04005831.DOCX;4 }

CAIRNCROSS & HEMPELMANN, P.S.
ATTORNEYS AT LAW
524 Second Avenue, Suite 500
Seattle, Washington 98104-2323
office 206 587 0700 fax [phone]

Case 2:18-cv-00910-RSM Document 102 Filed 06/03/20 Page 13 of 13

Certificate of Service

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I, Kelsey M. Doyle, certify under penalty of perjury of the laws of the State of

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Washington that on May 28, 2020, I electronically filed this document entitled STIPULATED

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MOTION AND [PROPOSED] ORDER TO CONTINUE TRIAL DATE AND RELATED

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DEADLINES using the CM/ECF system which will send notification of such filing to all

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attorneys of record.

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DATED this 28th day of May, 2020, at Seattle, Washington.

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s/Kelsey M. Doyle
Kelsey M. Doyle, Paralegal
CAIRNCROSS & HEMPELMANN, P.S.
524 Second Avenue, Suite 500
Seattle, WA 98104-2323
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]

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STIPULATED MOTION AND ORDER TO CONTINUE
TRIAL DATE AND RELATED DEADLINES - 13
{04005831.DOCX;4 }

CAIRNCROSS & HEMPELMANN, P.S.
ATTORNEYS AT LAW
524 Second Avenue, Suite 500
Seattle, Washington 98104-2323
office 206 587 0700 fax [phone]