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

Filing 69

ORDER re parties' 68 Stipulation for Modification of Order Setting Trial Date and Related Dates. The Court finds good cause has been shown for modification of the Order Setting Trial Date and Related Dates, and will issue a new scheduling order. Signed by Judge Ricardo S. Martinez.(PM)

Case 2:20-cv-00401-RSM Document 69 Filed 01/04/21 Page 1 of 4

THE HONORABLE RICARDO S. MARTINEZ

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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UNITED STATES FIRE INSURANCE
COMPANY, et al.,

IN ADMIRALTY
NO. 2:20-cv-00401-RSM

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Plaintiffs/Counterclaim
Defendants,

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v.
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STIPULATION FOR
MODIFICATION OF ORDER
SETTING TRIAL DATE AND
RELATED DATES AND ORDER

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

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NOTE ON MOTION CALENDAR:
DECEMBER 24, 2020

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Pursuant to LCR 7(d)(1) and LCR 16(b)(6), the parties, by and through their
undersigned counsel of record, stipulate and agree as follows:
1.

Plaintiffs/counterclaim defendants United States Fire Insurance Company, et

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al. and defendants/counterclaim plaintiffs Icicle Seafoods, Inc. et al. are continuing to engage

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in extensive written discovery between themselves, with numerous sets of discovery requests

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served by the parties and many thousands of pages of documents produced up to the present.

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The parties anticipate the production of additional documents as discovery progresses.

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2.

The parties have also recently agreed on the implementation of the process and

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timing for joint discovery of electronically stored information (“ESI”) pursuant to the

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Agreement Regarding Discovery of Electronically Stored Information and Order dated

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November 6, 2020 (Dkt. #44). The parties acknowledge and have agreed that performance of
STIPULATION FOR MODIFICATION OF
ORDER SETTING TRIAL AND RELATED
DATES AND ORDER - 1
NO. 2:20-cv-00401-RSM

ATTORNEYS AT LAW

BAUER MOYNIHAN & JOHNSON LLP
2101 FOURTH AVENUE, STE. 2400
SEATTLE, WASHINGTON 98121
TELEPHONE: [phone]

Case 2:20-cv-00401-RSM Document 69 Filed 01/04/21 Page 2 of 4

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the ESI searches and completion of production of ESI is likely to be approximately May 5,

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2021, substantially beyond the current deadline for completion of all remaining discovery,

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March 31, 2021, under the Court’s Order Setting Trial Date and Related Dates dated July 9,

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2020 (Dkt. #26).

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3.

The parties agree that because of the remaining ESI discovery, additional

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written discovery, and depositions needed, and the effect of that remaining discovery on the

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existing pretrial deadlines and counsel’s availability for trial, the parties’ counsel have

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conferred and have agreed on the following new case deadlines and proposed trial date,

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subject to the Court’s approval and any additional changes deemed necessary by the Court:

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Event

Date

Expert disclosures under Fed. R. Civ. P. 26(a)(2)

June 28, 2021

Rebuttal expert disclosures

July 26, 2021

Last date to file motions related to discovery

August 6, 2021

Discovery completed by

September 10, 2021

All dispositive motions and Daubert motions must be filed
by (see LCR 7(d))

October 8, 2021

All motions in limine must be filed by this date and noted
on the motion calendar no later than the THIRD Friday
after filing.

January 28, 2022

Motions in limine raised in trial briefs will not be
considered.
Agreed LCR 16.1 Pretrial Order due

February 16, 2022

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Pretrial conference
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To be Set by the
Court

Trial briefs, proposed voir dire, jury instructions and
exhibits by

February 23, 2022

Trial date proposed (or later)

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February 28, 2022

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STIPULATION FOR MODIFICATION OF
ORDER SETTING TRIAL AND RELATED
DATES AND ORDER - 2
NO. 2:20-cv-00401-RSM

ATTORNEYS AT LAW

BAUER MOYNIHAN & JOHNSON LLP
2101 FOURTH AVENUE, STE. 2400
SEATTLE, WASHINGTON 98121
TELEPHONE: [phone]

Case 2:20-cv-00401-RSM Document 69 Filed 01/04/21 Page 3 of 4

4.

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The parties believe they have engaged in discovery diligently and reasonably

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promptly under the circumstances of this case, including: the number of parties; the dollar

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value and extent of the claims, defenses, and issues involved; the extensive written discovery

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required; time needed for and response to the pending motion for disqualification of counsel;

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and limitations imposed by the current Coronavirus pandemic on the parties and their counsel.

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The parties also engaged in early Rule 39.1 mediation in an ultimately unsuccessful effort to

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resolve the case, and believe they have realistically estimated the length of time required for

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completion of discovery. In addition, this is the parties’ first request for modification of the

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case schedule.
5.

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Consequently, for good cause shown, the parties respectfully request the

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Court’s consent to the modification of the Order Setting Trial date and Other Deadlines as

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proposed above.
Dated this 24th day of December, 2020.

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BAUER MOYNIHAN & JOHNSON LLP

MULLIN, ALLEN & STEINER PLLC

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s/ Matthew C. Crane
Matthew C. Crane, WSBA No. 18003

s/Daniel F. Mullin
Daniel F. Mullin, WSBA No. 12768

s/ Meliha Jusupovic
Meliha Jusupovic, WSBA No. 54024

s/Tracy A. Duany
Tracy A. Duany, WSBA No. 32287

Attorneys for Plaintiffs/Counterclaim
Defendants United States Fire Insurance
Company, et al.

s/Timothy E. Allen
Timothy E. Allen, WSBA No. 35337
Attorneys for Defendants/Counterclaim
Plaintiffs Icicle Seafoods, Inc., et al.

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//

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//

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//

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//
STIPULATION FOR MODIFICATION OF
ORDER SETTING TRIAL AND RELATED
DATES AND ORDER - 3
NO. 2:20-cv-00401-RSM

ATTORNEYS AT LAW

BAUER MOYNIHAN & JOHNSON LLP
2101 FOURTH AVENUE, STE. 2400
SEATTLE, WASHINGTON 98121
TELEPHONE: [phone]

Case 2:20-cv-00401-RSM Document 69 Filed 01/04/21 Page 4 of 4

ORDER

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The Court finds good cause has been shown for modification of the Order Setting
Trial Date and Related Dates, and will issue a new scheduling order.
Dated this 4th day of January, 2021.

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A

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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Presented by:

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BAUER MOYNIHAN & JOHNSON LLP

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s/ Matthew C. Crane
Matthew C. Crane, WSBA No. 18003

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s/ Meliha Jusupovic
Meliha Jusupovic, WSBA No. 54024
Attorneys for Plaintiffs/Counterclaim Defendants

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STIPULATION FOR MODIFICATION OF
ORDER SETTING TRIAL AND RELATED
DATES AND ORDER - 4
NO. 2:20-cv-00401-RSM

ATTORNEYS AT LAW

BAUER MOYNIHAN & JOHNSON LLP
2101 FOURTH AVENUE, STE. 2400
SEATTLE, WASHINGTON 98121
TELEPHONE: [phone]