Spearman Corporation Marysville Division et al v. The Boeing Company
Filing
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ORDER granting parties' 99 Stipulated Motion to Continue Trial Date and Case Schedule. Jury Trial is set for 5/16/2022 at 09:00 AM before Judge Ricardo S. Martinez. Primary Experts Identified by 7/26/2021, FRCP 26(f) Conference Dea dline is 11/29/2021, 39.1 mediation to be completed by 12/10/2021, Motions related to discovery due by 1/6/2022, Discovery completed by 1/28/2022, Dispositive motions due by 2/25/2022, Motions in Limine due 4 weeks prior to trial, Agreed Pretrial Order due by 2 weeks prior to trial, Voir dire/jury instructions/trial briefs due by 5 days prior to trial. Signed by Judge Ricardo S. Martinez.(PM)
THE HONORABLE RICARDO S. MARTINEZ
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
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SPEARMAN CORPORATION
MARYSVILLE DIVISION and SPEARMAN
CORPORATION KENT DIVISION,
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STIPULATED MOTION AND
ORDER TO CONTINUE TRIAL
DATE AND CASE SCHEDULE
Plaintiffs,
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No. 2:20-cv-00013 RSM
v.
Note on Motion Calendar:
July 16, 2021
THE BOEING COMPANY,
Defendant.
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THE BOEING COMPANY,
Counterclaim and ThirdParty Plaintiff,
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v.
SPEARMAN CORPORATION and
SPEARMAN CORPORATION KENT
DIVISION,
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Counterclaim Defendant
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ALEXANDER SPEARMAN, an individual,
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Third-Party Defendant.
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I.
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STIPULATED MOTION
STIPULATED MOTION AND ORDER TO CONTINUE TRIAL
DATE AND CASE SCHEDULE – 1
2:20-cv-00013 RSM
Mix Sanders Thompson, PLLC
1420 Fifth Avenue, Suite 2200
Seattle, WA 98101
Tel: 206‐521‐5989
Fax: 888‐521‐5980
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The parties enter into this Stipulation in accordance with Local Rule 16(b)(6), which
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provides that a request to continue the trial date must be made in writing to the Court and
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supported by good cause. The parties jointly contend there is good cause to continue the trial date
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from January 24, 2022 to May 16, 2022 and extend the case schedule accordingly for the
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following reasons:
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1. On December 23, 2019, Spearman Corporation filed suit against The Boeing Company in
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King County Superior Court under Cause No. 19-2-33820-2 KNT. On January 3, 2020,
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Boeing filed its Notice of Removal to U.S District Court in the Western District of
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Washington.
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2. On February 4, 2020, Boeing filed a Motion for Partial Dismissal and on May 14, 2020,
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Spearman Corporation filed its First Amended Complaint, which resulted in a new round
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of briefing in connection with Boeing’s Partial Motion to Dismiss. The Court’s Order
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Granting Defendants’ Partial Motion to Dismiss CPA Claim was filed on January 14, 2021.
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3. Boeing filed its Answer to First Amended Complaint, Affirmative Defenses, Counterclaim
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and Third Party Complaint on January 28, 2021 along with a Motion for Relief from
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Deadline to Add Parties See Doc No. 64. On March 30, this Court granted Boeing’s motion.
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See Doc No. 88.
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4. On March 22, 2021, Mix Sanders Thompson PLLC filed a notice of appearance to defend
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Spearman Corporation, Spearman Corporation Kent Division, and Alex Spearman against
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Boeing’s counter and third-party claims. See Doc No. 85. Since appearing in this case,
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counsel from Mix Sanders Thompson has advised Boeing that it has spent substantial time
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reviewing thousands of documents within the database in efforts to respond to Boeing’s
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requests for production, and it continues to do so, but significant document discovery
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remains outstanding.
STIPULATED MOTION AND ORDER TO CONTINUE TRIAL
DATE AND CASE SCHEDULE – 2
2:20-cv-00013 RSM
Mix Sanders Thompson, PLLC
1420 Fifth Avenue, Suite 2200
Seattle, WA 98101
Tel: 206‐521‐5989
Fax: 888‐521‐5980
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5. On July 6, 2021, attorneys Nicholas Larson and Alexandrea Tomp with Murphy Pearson
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Bradley and Feeney, filed a notice of appearance to defend Spearman Corporation,
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Spearman Corporation Kent Division and Alex Spearman against Boeing’s counter and
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third-party claims. See Doc No. 98. Mr. Larson and Ms. Tomp have advised Boeing that
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they will be lead counterclaim and third-party defense counsel for Spearman Corporation,
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Spearman Corporation Kent Division and Alex Spearman at trial. Lane Powell has advised
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Boeing that it will remain lead Plaintiffs’ counsel. (Boeing reserves any issues relating to
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the identification of two “lead” counsel for the same parties.)
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6. The parties’ have recently commenced depositions in this case and are in the process of
scheduling other depositions.
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7. The parties jointly contend there is significant discovery remaining, including written
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discovery, additional depositions, and expert discovery. Furthermore, because of the
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current status of discovery, the parties require additional time in order to prepare for and
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have the opportunity to engage in alternate dispute resolution, let alone trial.
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8. Due to the volume of documents involved in this case, Mr. Larson and Ms. Tomp’s recent
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notice of appearance, pending discovery requests and the overall status of discovery,
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including expert discovery and the upcoming deadlines for producing expert witness
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reports, in addition to the reasons set forth above, there is good cause to continue the trial
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date to May 16, 2022. Further, the parties jointly request that the following deadlines set
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forth in the Court’s March 11, 2021 Order (Doc No. 84) extending the trial date and related
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dates be extended as follows:
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Event
Current Deadline
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Primary Experts Identified
(names and CVs only)
July 26, 2021
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STIPULATED MOTION AND ORDER TO CONTINUE TRIAL
DATE AND CASE SCHEDULE – 3
2:20-cv-00013 RSM
New
Proposed
Deadline
July 26, 2021
Mix Sanders Thompson, PLLC
1420 Fifth Avenue, Suite 2200
Seattle, WA 98101
Tel: 206‐521‐5989
Fax: 888‐521‐5980
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Disclosure
for
expert
testimony under FRCP
26(a)(2)
Mediation if requested by
the parties
Deadline for filing motions
related to discovery
Discovery Completed
All dispositive motions
filed by and noted for 4th
Friday thereafter
Trial Commences
All motions in limine must
be filed
Agreed pretrial order due
Trial briefs, proposed voir
dire,
jury
instructions,
neutral statement of the case,
and trial exhibits due
July 26, 2021
November 29, 2021
December 10, 2021
December 10, 2021
September 2, 2021
January 6, 2022
September 28, 2021
October 28, 2021
January 28, 2022
February 25, 2022
January 24, 2022
4 weeks prior to trial
May 16, 2022
4 weeks prior to trial
2 weeks prior to trial
5 weeks prior to trial
2 weeks prior to trial
5 days prior to trial
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STIPULATED MOTION AND ORDER TO CONTINUE TRIAL
DATE AND CASE SCHEDULE – 4
2:20-cv-00013 RSM
Mix Sanders Thompson, PLLC
1420 Fifth Avenue, Suite 2200
Seattle, WA 98101
Tel: 206‐521‐5989
Fax: 888‐521‐5980
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Dated this 16th day of July, 2021
By: s/Michael G. Sanders
Michael G. Sanders, WSBA No. 33881
Colton J. Arias, WSBA No. 54082
Attorneys for Counterclaim Defendant, Spearman
Corporation, Spearman Corporation Kent
Division and Third-Party Defendant Alex Spearman
MIX SANDERS THOMPSON, PLLC
1420 Fifth Avenue, Suite 2200
Seattle, WA 98101
Telephone: 206-734-4145
Facsimile: 888-521-5980
Email: michael@mixsanders.com
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By: s/ David Schoeggl
By: s/ Callie A. Castillo
By: s/ Bret A. Finkelstein
David Schoeggl, #13638
Callie A. Castillo, #38214
Bret A. Finkelstein, #48845
Lane Powell PC
1420 Fifth Avenue, Suite 4200
Seattle, WA 98111-9402
Telephone: 206.223.7000
Facsimile: 206.223.7107
Email: schoeggld@lanepowell.com
castilloc@lanepowell.com
finkelsteinb@lanepowell.com
Attorneys for Plaintiffs
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By: s/ Nicholas P. Gellert
By: s/ Susan E. Foster
By: s/ Leigh E. Sylvan
By: s/ David S. Steele
By: s/ Steven Sun Beale
Nicholas P. Gellert #18041
Susan E. Foster #18030
Leigh E. Sylvan #52415
David S. Steele #45640
Steven Sun Beale #55723
Perkins Coie LLP
1201 Third Avenue, Suite 4900
Seattle, WA 98101-3099
Telephone: 206.359.8000
Facsimile: 206.359.9000
Email: NGellert@perkinscoie.com
STIPULATED MOTION AND ORDER TO CONTINUE TRIAL
DATE AND CASE SCHEDULE – 5
2:20-cv-00013 RSM
Mix Sanders Thompson, PLLC
1420 Fifth Avenue, Suite 2200
Seattle, WA 98101
Tel: 206‐521‐5989
Fax: 888‐521‐5980
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SFoster@perkinscoie.com
LSylvan@perkinscoie.com
DSteele@perkinscoie.com
SBeale@perkinscoie.com
Attorneys for Defendant The Boeing Company
By: s/ Nicholas C. Larson
By: s/ Alexandrea M. Tomp
Nicholas C. Larson, WSBA No. 46034
Alexandrea M. Tomp, WSBA 57460
Murphy Pearson Bradley & Feeney
1455 NW Leary Way, Suite 400
Seattle, WA 98107
Telephone: (206) 219-2008
Fax: (415) 393-8087
Email: nlarson @mpbf.com
atomp@mpbf.com
Attorneys for Counterclaim Defendant
Spearman Corporation, Spearman
Corporation Kent Division and
Third-Party Defendant Alex Spearman
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STIPULATED MOTION AND ORDER TO CONTINUE TRIAL
DATE AND CASE SCHEDULE – 6
2:20-cv-00013 RSM
Mix Sanders Thompson, PLLC
1420 Fifth Avenue, Suite 2200
Seattle, WA 98101
Tel: 206‐521‐5989
Fax: 888‐521‐5980
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ORDER
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Based on the above Stipulated Motion, the Court does here by ORDER:
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1. The Stipulated Motion is granted;
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2. Trial is continued to begin on May 16, 2022, and all pretrial dates are continued as
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reflected in the above Stipulated Motion.
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DATED this 16th day of July, 2021.
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A
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RICARDO S. MARTINEZ
UNITED STATES DISTRICT JUDGE
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CERTIFICATE OF SERVICE
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I, Kelly Lee certify that on July 16, 2021 I electronically filed the foregoing with the
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Clerk of the Court using the CM/ECF System and caused to be served a true and correct copy
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via the method indicated below and addressed to the following:
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Attorneys for Plaintiff Spearman
Corporation and Spearman Corporation
Kent Division
David M. Schoeggl
Callie A. Castillo
Bret Finkelstein
Lane Powell, PC
1420 Fifth Ave, Ste 4200
Seattle, WA 98111
schoeggld@lanepowell.com
castilloc@lanepowell.com
finkelsteinb@lanepowell.com
Attorneys for Defendant The Boeing Company
Nicholas P. Gellert
Susan E. Foster
Leigh E. Sylvan
Steven S. Beale
Perkins Coie LLP
1201 Third Ave, Ste 4900
Seattle, WA 98101-3099
ngellert@perkinscoie.com
sfoster@perkinscoie.com
lsylvan@perkinscoie.com
sbeale@perkinscoie.com
echerry@perkinscoie.com
krastello@perkinscoie.com
STIPULATED MOTION AND ORDER TO CONTINUE TRIAL
DATE AND CASE SCHEDULE – 7
2:20-cv-00013 RSM
Mix Sanders Thompson, PLLC
1420 Fifth Avenue, Suite 2200
Seattle, WA 98101
Tel: 206‐521‐5989
Fax: 888‐521‐5980
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fosterk@lanepowell.com
☒CM/ECF electronic service
dsteele@perkinscoie.com
☒CM/ECF electronic service
Attorneys for Counterclaim Defendant
Spearman Corporation, Spearman
Corporation Kent Division and Third-Party
Defendant Alex Spearman
Nicholas C. Larson
Alexandrea M. Tomp
Murphy Pearson Bradley & Feeney
1455 NW Leary Way, Ste 400
Seattle, WA 98107
nlarson@mpbf.com
atomp@mpbf.com
☒CM/ECF electronic service
I certify under penalty of perjury under the laws of the state of Washington that the foregoing
is true and correct.
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s/Kelly Lee
Mix Sanders Thompson, PLLC
1420 Fifth Avenue, 22nd Floor
Seattle, WA 98101
Tel: 206-521-5989
Fax: 888-521-5980
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STIPULATED MOTION AND ORDER TO CONTINUE TRIAL
DATE AND CASE SCHEDULE – 8
2:20-cv-00013 RSM
Mix Sanders Thompson, PLLC
1420 Fifth Avenue, Suite 2200
Seattle, WA 98101
Tel: 206‐521‐5989
Fax: 888‐521‐5980
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