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)

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Case 2:19-cv-00260-JCC Document 22 Filed 02/16/21 Page 1 of 2 THE HONORABLE JOHN C. COUGHENOUR 1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 9 10 11 GARY JOHNSON, JR., an individual; and, ERICK NATIVIDAD, an individual, CASE NO. C19-0260-JCC MINUTE ORDER Plaintiffs, v. 12 13 STATE FARM FIRE AND CASUALTY COMPANY, a foreign insurance company, 14 Defendant. 15 16 17 18 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 19 disclosure deadline (Dkt. No. 21.) Having considered the motion and the relevant record, the 20 Court GRANTS the motion. 21 In April 2019, the Court issued the original scheduling order in this matter setting trial for 22 April 27, 2020 and the discovery deadline for 120 days before trial. (Dkt. No. 9 at 1.) Upon the 23 parties’ motion, the Court continued trial and the discovery deadline twice, ultimately setting 24 trial for May 10, 2021 and the discovery deadline for January 4, 2021. (Dkt. Nos. 14, 18.) The 25 parties apparently understand the expert disclosure deadline to be February 9, 2021 and seek an 26 extension until March 11, 2021. (Dkt. No. 21 at 1.) As the Court explained in its previous order, MINUTE ORDER C19-0260-JCC PAGE - 1 Case 2:19-cv-00260-JCC Document 22 Filed 02/16/21 Page 2 of 2 1 the parties misunderstand the expert disclosure deadline. The parties appear to assume Federal 2 Rule of Civil Procedure 26(a)(2)(D)(i)’s default deadline of 90 days before trial in applies, but 3 that deadline applies only “[a]bsent a stipulation or a court order” setting a different deadline. 4 (Id.) Here, the parties stipulated to, and the Court ordered, discovery to be completed by January 5 4, 2021. (Dkt. No. 18 at 1.) Therefore, as set forth on the Court’s chambers procedures website, 6 all discovery—including expert discovery—should have been completed by January 4, 2021. See 7 coughenour-procedures#coughenour5. 8 Because the deadline has already passed, the parties must show they failed to meet it 9 because of excusable neglect. See Fed. Civ. P. 6(b)(1)(B). The parties argue that they could not 10 meet the deadline because the COVID-19 pandemic prevented them from obtaining records on 11 which their experts intend to rely. (See Dkt. No. 21 at 1.) Accordingly, the Court finds that the 12 parties have shown good cause and excusable neglect and GRANTS the motion to extend the 13 expert disclosure deadline until March 11, 2021. 14 In the Court’s previous order, the Court asked the parties to address whether the Court 15 should extend the deadline for Daubert motions in light of the later expert disclosure deadline. 16 (Dkt. No. 20 at 2.) The parties state that the extension of the expert disclosure deadline should 17 not “have any impact on this Court’s schedule or the current trial schedule date” and the parties 18 “do not foresee any further extensions of related dates.” (Dkt. No. 21 at 2.) Therefore, all other 19 deadlines are unchanged. 20 DATED this 16th day of February 2021. 21 William M. McCool Clerk of Court 22 s/Paula McNabb Deputy Clerk 23 24 25 26 MINUTE ORDER C19-0260-JCC PAGE - 2

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