Johnson et al v. State Farm Fire and Casualty Company

Filing 22

MINUTE ORDER granting the parties' 21 Stipulated Motion to extend the expert disclosure deadline. Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 3/11/2021. Authorized by U.S. District Judge John C. Coughenour.(PM)

Case 2:19-cv-00260-JCC Document 22 Filed 02/16/21 Page 1 of 2

THE HONORABLE JOHN C. COUGHENOUR

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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GARY JOHNSON, JR., an individual; and,
ERICK NATIVIDAD, an individual,

CASE NO. C19-0260-JCC
MINUTE ORDER

Plaintiffs,
v.

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STATE FARM FIRE AND CASUALTY
COMPANY, a foreign insurance company,

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Defendant.

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The following Minute Order is made by direction of the Court, the Honorable John C.
Coughenour, United States District Judge:
This matter comes before the Court on the parties’ stipulated motion to extend the expert

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disclosure deadline (Dkt. No. 21.) Having considered the motion and the relevant record, the

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Court GRANTS the motion.

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In April 2019, the Court issued the original scheduling order in this matter setting trial for

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April 27, 2020 and the discovery deadline for 120 days before trial. (Dkt. No. 9 at 1.) Upon the

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parties’ motion, the Court continued trial and the discovery deadline twice, ultimately setting

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trial for May 10, 2021 and the discovery deadline for January 4, 2021. (Dkt. Nos. 14, 18.) The

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parties apparently understand the expert disclosure deadline to be February 9, 2021 and seek an

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extension until March 11, 2021. (Dkt. No. 21 at 1.) As the Court explained in its previous order,
MINUTE ORDER
C19-0260-JCC
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Case 2:19-cv-00260-JCC Document 22 Filed 02/16/21 Page 2 of 2

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the parties misunderstand the expert disclosure deadline. The parties appear to assume Federal

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Rule of Civil Procedure 26(a)(2)(D)(i)’s default deadline of 90 days before trial in applies, but

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that deadline applies only “[a]bsent a stipulation or a court order” setting a different deadline.

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(Id.) Here, the parties stipulated to, and the Court ordered, discovery to be completed by January

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4, 2021. (Dkt. No. 18 at 1.) Therefore, as set forth on the Court’s chambers procedures website,

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all discovery—including expert discovery—should have been completed by January 4, 2021. See

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https://www.wawd.uscourts.gov/judges/ coughenour-procedures#coughenour5.

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Because the deadline has already passed, the parties must show they failed to meet it

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because of excusable neglect. See Fed. Civ. P. 6(b)(1)(B). The parties argue that they could not

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meet the deadline because the COVID-19 pandemic prevented them from obtaining records on

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which their experts intend to rely. (See Dkt. No. 21 at 1.) Accordingly, the Court finds that the

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parties have shown good cause and excusable neglect and GRANTS the motion to extend the

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expert disclosure deadline until March 11, 2021.

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In the Court’s previous order, the Court asked the parties to address whether the Court

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should extend the deadline for Daubert motions in light of the later expert disclosure deadline.

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(Dkt. No. 20 at 2.) The parties state that the extension of the expert disclosure deadline should

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not “have any impact on this Court’s schedule or the current trial schedule date” and the parties

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“do not foresee any further extensions of related dates.” (Dkt. No. 21 at 2.) Therefore, all other

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deadlines are unchanged.

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DATED this 16th day of February 2021.

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William M. McCool
Clerk of Court

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s/Paula McNabb
Deputy Clerk

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MINUTE ORDER
C19-0260-JCC
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