Scott v. Carr et al

Filing 88

ORDER granting Parties' 87 Stipulated Motion for Extension of Case Schedule Deadlines. Jury Trial is set for 4/11/2022 before Judge Ricardo S. Martinez. Discovery completed by 10/25/2021, Dispositive Motions due by 11/24/2021, 39.1 mediation to be completed by 11/30/2021, Motions in Limine due by 2/10/2022, Agreed Pretrial Order due by 3/11/2022, Trial briefs, proposed voir dire questions, jury instructions, neutral statement of the case, and trial exhibits due by 3/28/2022. Signed by Judge Ricardo S. Martinez. (SB)

Case 2:20-cv-00236-RSM Document 88 Filed 10/07/21 Page 1 of 5

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UNITED STATES DISTRICT COURT

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FOR THE WESTERN DISTRICT OF WASHINGTON

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PAUL SCOTT, an individual,

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Plaintiff,

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v.
CALEB CARR, individually; and VITA
INCLINATA TECHNOLOGIES
INC., a Delaware Corporation, as a nominal
Defendant,
Defendants.

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Case No. 2:20-cv-00236-RSM
STIPULATED MOTION AND ORDER
FOR EXTENSION OF CASE
SCHEDULE DEADLINES
The Honorable Ricardo S. Martinez
NO ORAL ARGUMENT REQUESTED
Hearing Date: October 6, 2021

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WHEREAS, on April 7, 2020, the Court issued an Order Setting Trial Date and Related
Dates (Dkt. 27);

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WHEREAS, in Part B of the parties Joint Status Report and Discovery Plan, the parties

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jointly represented to the Court their perceived difficulties in their scheduling needs due to the

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unprecedented effects of the COVID-19 pandemic and their commitment to work cooperatively

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with one another to accommodate each other during these unprecedented times (Dkt. 24);

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WHEREAS, on September 14, 2020, the Court entered a Stipulated Motion and Order

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for Extension of Certain Deadlines (Dkt. 45);

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STIPULATED MOTION AND ORDER FOR EXTENSION OF CASE
SCHEDULE DEADLINES - 1
CASE NO. 2:20-CV-00236-RSM

Betts 
Patterson 
Mines

One Convention Place
Suite 1400
701 Pike Street
Seattle, Washington 98101-3927
[phone]

Case 2:20-cv-00236-RSM Document 88 Filed 10/07/21 Page 2 of 5

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WHEREAS, on January 4, 2021, the Court entered a Stipulated Motion and Order for

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Extension of Certain Deadlines that continued the jury trial date to October 12, 2021, or as

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soonest thereafter as the Court permits (Dkt. 49);

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WHEREAS, on March 19, 2021, the Court entered a Stipulated Motion and Order for

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Extension of Certain Deadlines that reset the discovery deadline in this matter to July 29, 2021,

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(Dkt. 51);

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WHEREAS, on July 21, 2021, the parties submitted a stipulated motion for an extension

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of the case schedule entered in this matter, with deadlines to be determined after the Court entered

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Orders resolving the parties’ respective non-expert discovery motions which were then fully

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briefed and pending before this Court (i.e., Defendants’ Motion to Compel (Dkt. 51), Defendants’

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Motion for Protective Order (Dkt. 55), and Plaintiff’s Motion to Compel (Dkt. 57));

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WHEREAS, on July 22, 2021, the Court entered a Stipulated Motion and Order for

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Extension of Certain Deadlines that reset the deadlines in this matter as “To Be Determined” and

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contingent upon the date the Court entered Orders resolving the non-expert discovery motions

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above (Dkt. 85);

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WHEREAS, on August, 26, 2021, the Court entered an Order re: Motions To Compel

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and Granting Defendants’ Motion For Protective Order (Dkt. 86) and, therefore, the parties are

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now prepared to set deadlines which were previously struck and left “To Be Determined.”

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IT IS HEREBY STIPULATED AND AGREED by and through the undersigned counsel

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for Plaintiff and Defendants, in accordance with LCR 7(d)(1) and 10(g), subject to the approval

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of the Court, that the following deadlines in the case shall be modified as set forth below.

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Event Title

Current Deadline

Proposed Amended Deadline

JURY TRIAL DATE
Non-expert, fact discovery completed.
All Motions Related to non-expert
Discovery must be filed by
(see LCR 7(d))

October 12, 2021
April 30, 2021

April 11, 2022
April 30, 2021

STIPULATED MOTION AND ORDER FOR EXTENSION OF CASE
SCHEDULE DEADLINES - 2
CASE NO. 2:20-CV-00236-RSM

Betts 
Patterson 
Mines

One Convention Place
Suite 1400
701 Pike Street
Seattle, Washington 98101-3927
[phone]

Case 2:20-cv-00236-RSM Document 88 Filed 10/07/21 Page 3 of 5

Event Title

Current Deadline

Proposed Amended Deadline

June 3, 2021

June 3, 2021

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Disclosure of Expert Testimony
pursuant FRCP 26(a)(2) must be
served by:

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Discovery Completed by:

July 29, 2021

October 25, 2021

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All dispositive motions must be
filed by and noted on the motion
calendar no later than the fourth
Friday thereafter (see LCR 7(d)):

August 5, 2021

November 24, 2021

Mediation per LCR 39.1(c)(3), if
requested by the parties, held no
later than:

August 17, 2021

November 30, 2021

All motions in limine must be filed by
and noted on the motion calendar no
later than the THIRD Friday
thereafter:

September 7, 2021

February 10, 2022

Agreed pretrial order due:

September 20, 2021 March 11, 2022

Pretrial conference to be scheduled by
the Court:

TBD

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TBD

Trial briefs, proposed voir dire
September 27, 2021 March 28, 2022
questions, jury instructions, neutral
statement of the case, and trial exhibits
due:

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IT IS SO STIPULATED.

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DATED this 6th day of October 2021.

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BETTS, PATTERSON & MINES, P.S.

TOMLINSON BOMSZTYK RUSS

By: /s/ Cruz H. Turcott
Anne Cohen, WSBA No. 41183
Cruz H. Turcott, WSBA No. 57532
Email: [e-mail]
[e-mail]
Attorneys for Defendants

By: /s/Abigail Staggers
__
Blair M. Russ, WSBA No. 40374
Abigail Z. Staggers, WSBA No. 43962
Email: [e-mail]
[e-mail]
Attorneys for Plaintiff

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STIPULATED MOTION AND ORDER FOR EXTENSION OF CASE
SCHEDULE DEADLINES - 3
CASE NO. 2:20-CV-00236-RSM

Betts 
Patterson 
Mines

One Convention Place
Suite 1400
701 Pike Street
Seattle, Washington 98101-3927
[phone]

Case 2:20-cv-00236-RSM Document 88 Filed 10/07/21 Page 4 of 5

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ORDER
Based on the foregoing, IT IS SO ORDERED.
DATED this 7th day of October, 2021.

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A

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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Presented by:
BETTS, PATTERSON & MINES, P.S.
By: /s/ Cruz H. Turcott
Cruz H. Turcott, WSBA No. 57532
Attorneys for Defendants

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TOMLINSON BOMSZTYK RUSS

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By: /s/ Abigail Staggers
Abigail Z. Staggers, WSBA No. 43962
Attorneys for Plaintiff

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STIPULATED MOTION AND ORDER FOR EXTENSION OF CASE
SCHEDULE DEADLINES - 4
CASE NO. 2:20-CV-00236-RSM

Betts 
Patterson 
Mines

One Convention Place
Suite 1400
701 Pike Street
Seattle, Washington 98101-3927
[phone]

Case 2:20-cv-00236-RSM Document 88 Filed 10/07/21 Page 5 of 5

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CERTIFICATE OF SERVICE

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I hereby certify that on October 6, 2021, the foregoing was electronically filed with

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United States District Court for the Western District of Washington through the E-Filing

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system: STIPULATED MOTION AND ORDER FOR EXTENSION OF CASE

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SCHEDULE DEADLINES.

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I further certify that on October 6, 2021, I served a copy of the foregoing on:

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Blair M. Russ
Abigail Z. Staggers
Tomlinson Bomsztyk Russ
1000 Second Avenue, Suite 3660
Seattle, WA 98104
Fax: [phone]
Email: [e-mail]
[e-mail]
Of Attorney for Plaintiff

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by mailing to each of the foregoing a copy thereof, placed in a sealed envelope
addressed as listed above and deposited in the United States mail at Portland, Oregon,
and that postage thereon was fully prepaid.
by facsimile transmission to the number shown above.
by additional e-service through the E-Filing system, if party was registered.
by courtesy email to the email addresses shown above.

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/s/ Carrie J. Cook
Carrie J. Cook, CP
Legal Assistant/Certified Paralegal

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STIPULATED MOTION AND ORDER FOR EXTENSION OF CASE
SCHEDULE DEADLINES - 5
CASE NO. 2:20-CV-00236-RSM

Betts 
Patterson 
Mines

One Convention Place
Suite 1400
701 Pike Street
Seattle, Washington 98101-3927
[phone]