Morts v. Microsoft Corporation

Filing 19

ORDER granting Parties' 17 Stipulated Motion Continuing the Trial Date and Related Deadlines. Jury Trial is continued to 6/13/2022 at 09:30 AM before U.S. District Judge John C. Coughenour. The Court will issue a revised case scheduling order moving all currently pending deadlines related to the new trial date. Signed by U.S. District Judge John C. Coughenour. (SR)

Case 2:20-cv-01500-JCC Document 19 Filed 08/12/21 Page 1 of 4

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THE HONORABLE JOHN C. COUGHENOUR

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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JENNIFER MORTS,
Plaintiff,

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No. 2:20-cv-01500-JCC

v.

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MICROSOFT CORPORATION,

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STIPULATED MOTION AND
[PROPOSED] ORDER CONTINUING
THE TRIAL DATE AND RELATED
DEADLINES

Defendant.

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STIPULATED MOTION AND [PROPOSED] ORDER
CONTINUING THE TRIAL DATE AND RELATED DEADLINES
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THE BLANKENSHIP LAW FIRM, PLLC
1000 Second Avenue, Suite 3250
Seattle, Washington 98104
[phone]

Case 2:20-cv-01500-JCC Document 19 Filed 08/12/21 Page 2 of 4

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I.

STIPULATION AND RELIEF REQUESTED

Pursuant to Federal Rule of Civil Procedure 16(b), Plaintiff Jennifer Morts and
Defendant Microsoft Corporation (collectively, “the Parties”), respectfully request that the
Court modify the current case schedule to extend the trial date from February 14, 2022 to June
13, 2022, with all other pending deadlines extended to conform with the new trial date.

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This is the first and only continuance that has been requested in this case. The parties

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have exchanged written discovery and have attempted to work cooperatively to move this case

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forward as much as possible. However, the parties still have a considerable amount of discovery

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left to conduct, including depositions of the Plaintiff and other critical witnesses. In addition,

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the Parties would like to engage in mediation before discovery is completed to see if there is a
possibility of resolving the case while still preserving sufficient time to finish discovery. The
Parties believe a mid-discovery mediation, and being provided with additional time in which to

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conduct this mediation, may increase the chances of obtaining a negotiated settlement, thereby

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relieving the Court of the necessity of conducting a jury trial in this matter.

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The Parties, through their counsel, have met and conferred and here jointly represent

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that adjustment of the current trial date is necessary to avoid prejudice to the Parties and to

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facilitate a possible negotiated resolution of this dispute.
II.

STATEMENT OF FACTS

Plaintiff filed her Complaint for Damages on September 21, 2020. The current trial
date is February 14, 2022. The current discovery cutoff is October 18, 2021. Dkt. 14.
The Parties seek a continuance, so that they can engage in targeted discovery and then

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attempt to resolve the case through mediation prior to expending substantial additional time

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and resources completing all remaining discovery.
STIPULATED MOTION AND [PROPOSED] ORDER
CONTINUING THE TRIAL DATE AND RELATED DEADLINES
Page 1

THE BLANKENSHIP LAW FIRM, PLLC
1000 Second Avenue, Suite 3250
Seattle, Washington 98104
[phone]

Case 2:20-cv-01500-JCC Document 19 Filed 08/12/21 Page 3 of 4

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The Parties have been working diligently and efficiently to exchange written discovery

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and confer on deficiencies, attempting to find ways to resolve discovery disputes informally,

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rather than involve the Court. However, the Parties still have a considerable amount of

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discovery left to conduct, including depositions, and are still working to resolve outstanding

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discovery disputes.

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The Parties would like to have time to explore mediation prior to finishing discovery,

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which is not possible with the current October 18, 2021 discovery cutoff. A continuance of the

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trial date and other deadlines would allow the Parties to complete some key depositions,

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explore mediation, and have sufficient time to complete discovery if mediation is

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unsuccessful.
In short, additional time will facilitate engaging in meaningful mediation after the

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Parties complete key depositions but before the Parties invest substantial time, fees and costs

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completing discovery prior to dispositive motion practice.
III.

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AUTHORITY

This Motion is based upon the Federal Rules of Civil Procedure, corresponding case

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law, and the Court’s power to control its calendar. Orders entered before the final pretrial

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conference may be modified upon a showing of “good cause.” Johnson v. Mammoth

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Recreations, Inc., 975 F.2d 604, 608 (9th Cir. 1992) (citing Fed.R.Civ.P. 16(b)).

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Here, “good cause” exists. The Parties jointly seek the Court’s relief in order to have

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the opportunity to attempt informal resolution of this case prior to investing substantial

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additional fees and costs necessary to complete discovery and dispositive motion practice.

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Despite their diligence, with the soon-approaching discovery cutoff in October, the Parties

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will not be able to complete all discovery and also explore mediation. Jackson v. Laureate,

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Inc., 186 F.R.D. 605, 607 (E.D. Cal. 1999) (citing Johnson, 975 F.2d at 609) (good cause for

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continuance exists where, despite parties’ diligence, they will not be able to meet the

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scheduling deadlines).
STIPULATED MOTION AND [PROPOSED] ORDER
CONTINUING THE TRIAL DATE AND RELATED DEADLINES
Page 2

THE BLANKENSHIP LAW FIRM, PLLC
1000 Second Avenue, Suite 3250
Seattle, Washington 98104
[phone]

Case 2:20-cv-01500-JCC Document 19 Filed 08/12/21 Page 4 of 4

IV.

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CONCLUSION

For the above-stated reasons, the Parties respectfully request that the Court grant this

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stipulated motion and issue a revised case scheduling order moving all currently pending

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deadlines related to the new trial date. The Parties request a new trial date of June 13, 2022.

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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DATED this 10th day of August, 2021.

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Attorneys for Plaintiff:

Attorneys for Defendant:

By: /s Scott C.G. Blankenship
Scott C. G. Blankenship, WSBA No. 21431
Richard E. Goldsworthy, WSBA No. 40684
The Blankenship Law Firm, PLLC
1000 Second Avenue, Suite 3250
Seattle, WA 98104
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

By: /s Laurence A. Shapero
Laurence A. Shapero, WSBA No. 31301
Sarah Jung Evans, WSBA No. 37409
Ogletree, Deakins, Nash, Smoak & Stewart,
P.C
1201 Third Avenue, Suite 5150
Seattle, WA 98101
Telephone: [phone]
Facsimile: 206-693-7058
[e-mail]
[e-mail]

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PURSUANT TO THE PARTIES’ STIPULATED MOTION, IT IS SO ORDERED
DATED this 12th day of August 2021.

A

John C. Coughenour
UNITED STATES DISTRICT JUDGE

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STIPULATED MOTION AND [PROPOSED] ORDER
CONTINUING THE TRIAL DATE AND RELATED DEADLINES
Page 3

THE BLANKENSHIP LAW FIRM, PLLC
1000 Second Avenue, Suite 3250
Seattle, Washington 98104
[phone]