Nichols v. Geico Insurance Company

Filing 198

ORDER re 197 Stipulated Motion to Extend Deadlines. The Parties are provided sixty (60) additional days to conduct mediation, with a new deadline of 1/15/2025. The Parties shall prepare and file a joint status report within thirty (30) days of mediation advising the Court of its outcome. If the Parties do not, for whatever reason, reach a resolution, they will propose a new case schedule and trial date in the aforementioned joint status report. Signed by Hon. S. Kate Vaughan. (MJV)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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MERLE NICHOLS, on behalf of himself and
All others similarly situated,

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STIPULATED MOTION AND
(PROPOSED) ORDER TO EXTEND
CASE DEADLINES

Plaintiff,

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Case No. C18-1253-TL-SKV

v.
GEICO GENERAL INSURANCE
COMPANY, a foreign automobile insurance
Company,

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Defendant.

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I.

STIPULATED MOTION

Pursuant to Federal Rule of Civil Procedure 6(b) and LCR 7(d)(1), Defendant GEICO
GENERAL

INSURANCE

COMPANY,

a

foreign

automobile

insurance

company

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(“Defendant”), and Plaintiff MERLE NICHOLS, on behalf of himself and the Nichols Class

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(“Plaintiff”) (collectively, “the Parties”), hereby stipulate to and jointly request an extension of

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the Court’s deadline to conduct a mediation.

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In support of this stipulation, the Parties state as follows:
1.

In its Order Striking Case Schedule and Trial Date entered on August 8, 2024 (Dkt.

STIPULATED MOTION AND (PROPOSED)
ORDER TO EXTEND CASE DEADLINES - 1
Case No. C18-1253-TL-SKV

Williams, Kastner & Gibbs PLLC
601 Union Street, Suite 4100
Seattle, WA 98101-2380
[phone]

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#195), the Court provided the Parties one hundred (100) days to conduct mediation.
2.

The Parties scheduled mediation with Judge Chad Allred (ret.) for November 12,

2024. In preparation for that mediation date, the Parties completed various disclosures to
facilitate constructive and candid negotiations. However, due to unforeseen scheduling and
travel difficulties associated with obligations in unrelated cases for GEICO’s counsel, the Parties
agreed to re-schedule the mediation.
3.

Given the upcoming holidays and the travel required for GEICO’s counsel to

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attend in-person, the Parties have reset the mediation to January 7, 2025. This is outside the

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period prescribed in the Court’s Order, and thus, the Parties hereby request an additional sixty

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(60) days to conduct mediation, with a deadline of January 15, 2025.
4.

The requested extension is modest and will allow the Parties to explore resolution

and/or constructively narrow the issues in dispute. Thus, regardless of the mediation’s outcome,
it will serve the interests of judicial economy.
5.

The Parties jointly seek the opportunity to conduct a thorough and meaningful

mediation on January 7, 2025, and believe good cause justifies the resulting minimal delay.
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///

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STIPULATED MOTION AND (PROPOSED)
ORDER TO EXTEND CASE DEADLINES - 2
Case No. C18-1253-TL-SKV

Williams, Kastner & Gibbs PLLC
601 Union Street, Suite 4100
Seattle, WA 98101-2380
[phone]

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DATED this __20th _ day of November, 2024.
_/s/ Mark A. Trivett_____________________
BADGLEY MULLINS TURNER PLLC
Duncan Calvert Turner
Mark A. Trivett
19929 Ballinger Way NE STE 200
Seattle, WA 98155
Phone: [phone]
dturner@ badgleymullins.com
[e-mail]

___/s/Stacy DeMass_____________________
WILLIAMS, KASTNER & GIBBS PLLC
Rodney Umberger, WSBA # 24948
Stacy DeMass, WSBA # 45592
601 Union Street, Suite 4100
Seattle, WA 98101-2380
Telephone: [phone]
Fax: [phone]
[e-mail]
[e-mail]

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__________________________________
LAW OFFICE OF RANDALL C. JOHNSON
Randall C. Johnson
PO Box 15881
Seattle, WA 98115
Phone: [phone]
[e-mail]

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Attorneys for Plaintiff

/s/ Kristen L. Wenger
RIVKIN RADLER LLP
John P. Marino (pro hac vice)
Kristen L. Wenger (pro hac vice)
1301 Riverplace Blvd., 10th Floor
Jacksonville, Florida 32202
Phone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

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Attorneys for Defendant

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STIPULATED MOTION AND (PROPOSED)
ORDER TO EXTEND CASE DEADLINES - 3
Case No. C18-1253-TL-SKV

Williams, Kastner & Gibbs PLLC
601 Union Street, Suite 4100
Seattle, WA 98101-2380
[phone]

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II.

SUBJOINED ORDER

THE COURT, having considered the Parties’ Stipulated Motion to Extend Case
Deadlines, and being fully advised, ORDERS that the Parties are provided sixty (60) additional
days to conduct mediation, with a new deadline of January 15, 2025. The Parties shall prepare
and file a joint status report within thirty (30) days of mediation advising the Court of its

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outcome. If the Parties do not, for whatever reason, reach a resolution, they will propose a new

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case schedule and trial date in the aforementioned joint status report.

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Dated this 22nd day of November, 2024.

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A

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S. KATE VAUGHAN
United States Magistrate Judge

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STIPULATED MOTION AND (PROPOSED)
ORDER TO EXTEND CASE DEADLINES - 4
Case No. C18-1253-TL-SKV

Williams, Kastner & Gibbs PLLC
601 Union Street, Suite 4100
Seattle, WA 98101-2380
[phone]