Johnson et al v. State Farm Fire and Casualty Company
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
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
GARY JOHNSON, JR., an individual; and,
ERICK NATIVIDAD, an individual,
CASE NO. C19-0260-JCC
STATE FARM FIRE AND CASUALTY
COMPANY, a foreign insurance company,
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
disclosure deadline (Dkt. No. 21.) Having considered the motion and the relevant record, the
Court GRANTS the motion.
In April 2019, the Court issued the original scheduling order in this matter setting trial for
April 27, 2020 and the discovery deadline for 120 days before trial. (Dkt. No. 9 at 1.) Upon the
parties’ motion, the Court continued trial and the discovery deadline twice, ultimately setting
trial for May 10, 2021 and the discovery deadline for January 4, 2021. (Dkt. Nos. 14, 18.) The
parties apparently understand the expert disclosure deadline to be February 9, 2021 and seek an
extension until March 11, 2021. (Dkt. No. 21 at 1.) As the Court explained in its previous order,
PAGE - 1
Case 2:19-cv-00260-JCC Document 22 Filed 02/16/21 Page 2 of 2
the parties misunderstand the expert disclosure deadline. The parties appear to assume Federal
Rule of Civil Procedure 26(a)(2)(D)(i)’s default deadline of 90 days before trial in applies, but
that deadline applies only “[a]bsent a stipulation or a court order” setting a different deadline.
(Id.) Here, the parties stipulated to, and the Court ordered, discovery to be completed by January
4, 2021. (Dkt. No. 18 at 1.) Therefore, as set forth on the Court’s chambers procedures website,
all discovery—including expert discovery—should have been completed by January 4, 2021. See
Because the deadline has already passed, the parties must show they failed to meet it
because of excusable neglect. See Fed. Civ. P. 6(b)(1)(B). The parties argue that they could not
meet the deadline because the COVID-19 pandemic prevented them from obtaining records on
which their experts intend to rely. (See Dkt. No. 21 at 1.) Accordingly, the Court finds that the
parties have shown good cause and excusable neglect and GRANTS the motion to extend the
expert disclosure deadline until March 11, 2021.
In the Court’s previous order, the Court asked the parties to address whether the Court
should extend the deadline for Daubert motions in light of the later expert disclosure deadline.
(Dkt. No. 20 at 2.) The parties state that the extension of the expert disclosure deadline should
not “have any impact on this Court’s schedule or the current trial schedule date” and the parties
“do not foresee any further extensions of related dates.” (Dkt. No. 21 at 2.) Therefore, all other
deadlines are unchanged.
DATED this 16th day of February 2021.
William M. McCool
Clerk of Court
PAGE - 2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?