United States Fire Insurance Company et al v. Icicle Seafoods Inc et al

Filing 126

ORDER granting parties' 125 Agreed Motion to Extend Order Setting Trial and Related Deadlines. Jury Trial is continued to 7/5/2022 at 09:00 AM before Judge Ricardo S. Martinez. Rebuttal Expert Disclosure/Reports due by 8/27/2021, Motions related to discovery due by 1/10/2022, Discovery completed by 1/10/2022, Dispositive motions due by 2/6/2022, 39.1 mediation to be completed by 5/16/2022, Motions in Limine due by 5/31/2022, Agreed Pretrial Order due by 6/15/2022, Pretrial conference to be scheduled by the Court, Voir dire/jury instructions/trial briefs due by 6/22/2022. Signed by Judge Ricardo S. Martinez. (PM)

Case 2:20-cv-00401-RSM Document 126 Filed 07/26/21 Page 1 of 6

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The Honorable Ricardo S. Martinez

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON AT SEATTLE
UNITED STATES FIRE INSURANCE
COMPANY, et al.,
Plaintiffs/Counterclaim
Defendants,

NO. 2:20-cv-00401-RSM
AGREED MOTION TO EXTEND ORDER
SETTING TRIAL AND RELATED
DATES
NOTE ON MOTION CALENDAR:
JULY 23, 2021

v.
ICICLE SEAFOODS, INC., et al.,
Defendants/Counterclaim
Plaintiffs.

I. INTRODUCTION
Pursuant to Local Civil Rules 10(g) and 16(b)(6), the parties request that the trial date and
all other deadlines, excluding those that have passed as of this filing, be extended for 120 days.
The current discovery cutoff is September 10, 2021 and the current trial date is February 28,
2022. For the following reasons, the parties respectfully submit that good cause exists for the
modest extension of the case schedule requested in this agreed motion.

AGREED MOTION TO EXTEND ORDER SETTING TRIAL
AND RELATED DATES - 1
No. 2:20-cv-00401-RSM

* 2 5' 2 1
7 ,/' ( 1
7+ 2 0 $ 6
& 2 5 ' ( //

600 University Street 
Suite 2915 
Seattle, WA  98101 
206.467.6477

Case 2:20-cv-00401-RSM Document 126 Filed 07/26/21 Page 2 of 6

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II. GOOD CAUSE EXISTS FOR A 120-DAY CONTINUANCE
A.

Status of Discovery
The parties have diligently conducted discovery and have made substantial progress to

date, producing over 300,000 pages of documents and obtaining a substantial volume of
documents from multiple third parties. The parties have timely disclosed their expert witnesses
and agree to complete any rebuttal expert disclosures on or before August 27, 2021.
However, substantial discovery tasks remain to be completed. This includes production
of documents pursuant to various non-party subpoenas and additional Icicle documents. Further,
the outcome of a dispositive motion pending before the Court [Dkt. 111], and three additional
motions pending before the Court [Dkts. 71, 81, and 103] which address the propriety of the
parties’ respective claims of privilege, will affect the scope of any further document discovery
required.
In the interest of conducting the deposition phase of discovery in the most efficient
manner possible, the parties have largely deferred depositions pending the completion of
document discovery and the resolution of the related privilege disputes. As a result, depositions
have not yet commenced. The requested 120-day extension of the discovery cutoff will permit
the parties to complete fact and expert depositions efficiently and with the benefit of a full
written record.
Depending on the outcome of the pending motions, Icicle and Insurers believe a
significant number of fact and expert witness depositions will be necessary. Moreover, once
document discovery is completed, the scheduling of these depositions within the confines of the
current case schedule would be difficult at best. For example, Icicle produced some 190,000
pages of documents between June 3 and July 1, and the Insurers produced some 100,000 pages
AGREED MOTION TO EXTEND ORDER SETTING TRIAL
AND RELATED DATES - 2
No. 2:20-cv-00401-RSM

* 2 5' 2 1
7 ,/' ( 1
7+ 2 0 $ 6
& 2 5 ' ( //

600 University Street 
Suite 2915 
Seattle, WA  98101 
206.467.6477

Case 2:20-cv-00401-RSM Document 126 Filed 07/26/21 Page 3 of 6

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of documents on June 3, all of which must be reviewed in preparation for depositions. Further,
the parties believe that at least some depositions should be conducted in person, including some
in Canada, and the requested extension will increase the chances that COVID-related attendance
and travel restrictions and concerns will be eased and permit such depositions to occur. In
addition, Insurers’ co-lead counsel, Matthew Crane, will be on planned medical leave for 3-4
weeks starting in late September.
B.

Engagement of New Counsel
Both sides have recently retained new counsel. Icicle’s lead lawyer, Dan Mullin of

Mullin, Allen & Steiner PLLC, is retiring in August 2021, and Icicle has retained Gordon Tilden
Thomas & Cordell LLP (“GTTC”). GTTC has associated as co-counsel and, after a period of
transition, will continue as Icicle’s sole counsel. Insurers have likewise just retained Lether Law
Group as co-counsel to Bauer Moynihan & Johnson LLP.
Icicle and the Insurers would benefit from their new legal teams having more time to
study the extensive documents produced by the parties and to learn the case. Further, the parties
intend to explore whether the case can be resolved prior to trial, and they believe such efforts are
more likely to succeed if they can be undertaken before they have incurred the cost of
completing depositions.
The parties thus respectfully submit that good cause supports a modest continuance as
outlined in the table below.
Event

Current Deadline

New Deadline

JURY TRIAL DATE

February 28, 2022

July 5, 2022

Length of Trial

8 days

8 days

Deadline to serve expert rebuttal reports

N/A

August 27, 2021

AGREED MOTION TO EXTEND ORDER SETTING TRIAL
AND RELATED DATES - 3
No. 2:20-cv-00401-RSM

* 2 5' 2 1
7 ,/' ( 1
7+ 2 0 $ 6
& 2 5 ' ( //

600 University Street 
Suite 2915 
Seattle, WA  98101 
206.467.6477

Case 2:20-cv-00401-RSM Document 126 Filed 07/26/21 Page 4 of 6

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Event

Current Deadline

New Deadline

Deadline for filing motions related to discovery.
Any such motions shall be noted for
consideration pursuant to LCR 7(d)(3)

September 10, 2021 January 10, 2022

Discovery completed by

September 10, 2021 January 10, 2022

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

October 8, 2021

February 6, 2022

Mediation per LCR 39.1(c)(3) if requested by the
parties, HELD NO LATER THAN

January 14, 2022

May 16, 2022

All motions in limine must be filed by
January 28, 2022
and noted on the motion calendar no later than the
THIRD Friday thereafter

May 31, 2022

Agreed pretrial order due

February 16, 2022

June 15, 2022

February 23, 2022

June 22, 2022

Pretrial conference to be scheduled by the Court
Trial briefs, proposed voir dire questions, jury
instructions, neutral statement of the case, and
trial exhibits due

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
DATE: July 23, 2021

GORDON TILDEN THOMAS & CORDELL LLP
Attorneys for Defendants/Counterclaim Plaintiffs
By

s/ Greg D. Pendleton
Franklin D. Cordell, WSBA #26392
Greg D. Pendleton, WSBA #38361
Chelsey L. Mam, WSBA #44609
Michael Rosenberger, WSBA #17730
600 University Street, Suite 2915
Seattle, Washington 98101
206.467.6477
[e-mail]
[e-mail]
[e-mail]
[e-mail]

AGREED MOTION TO EXTEND ORDER SETTING TRIAL
AND RELATED DATES - 4
No. 2:20-cv-00401-RSM

* 2 5' 2 1
7 ,/' ( 1
7+ 2 0 $ 6
& 2 5 ' ( //

600 University Street 
Suite 2915 
Seattle, WA  98101 
206.467.6477

Case 2:20-cv-00401-RSM Document 126 Filed 07/26/21 Page 5 of 6

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DATE: July 23, 2021

MULLIN, ALLEN & STEINER PLLC
Attorneys for Defendants/Counterclaim Plaintiffs
By s/ Daniel F. Mullin
Daniel F. Mullin, WSBA #12768
Tracy A. Duany, WSBA #32287
Timothy E. Allen, WSBA #35337
101 Yesler Way, Suite 400
Seattle, WA 98104
206.957.7007
[e-mail]
[e-mail]
[e-mail]

DATE: July 23, 2021

BAUER MOYNIHAN & JOHNSON LLP
Attorneys for Plaintiffs
By

DATE: July 23, 2021

s/ Matthew C. Crane
Matthew C. Crane, WSBA #18003
Meliha Jusupovic, WSBA #54024
2101 Fourth Avenue, Suite 2400
Seattle, WA 98121
206.443.3400
[e-mail]
[e-mail]

LETHER LAW GROUP
Attorneys for Plaintiffs
By

s/ Thomas Lether
Thomas Lether, WSBA #18089
Sam Colito, WSBA #42529
1848 Westlake Avenue North, Suite 100
Seattle, WA 98109
206.467.5444
[e-mail]
[e-mail]

AGREED MOTION TO EXTEND ORDER SETTING TRIAL
AND RELATED DATES - 5
No. 2:20-cv-00401-RSM

* 2 5' 2 1
7 ,/' ( 1
7+ 2 0 $ 6
& 2 5 ' ( //

600 University Street 
Suite 2915 
Seattle, WA  98101 
206.467.6477

Case 2:20-cv-00401-RSM Document 126 Filed 07/26/21 Page 6 of 6

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IT IS SO ORDERED.
DATED this 26th day of July, 2021.

A

RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

AGREED MOTION TO EXTEND ORDER SETTING TRIAL
AND RELATED DATES - 6
No. 2:20-cv-00401-RSM

* 2 5' 2 1
7 ,/' ( 1
7+ 2 0 $ 6
& 2 5 ' ( //

600 University Street 
Suite 2915 
Seattle, WA  98101 
206.467.6477