Edwards-Yu v. DeJoy

Filing 37

ORDER granting Parties' 36 Stipulated Motion to Continue. Defendant's reply in support of summary judgment is due 9/6/2022. The Clerk is directed to RE-NOTE Defendant's motion for summary judgment (dkt. # 27 ) for this Court's consideration on 9/6/2022. Signed by Hon. Michelle L. Peterson. (SB)

Honorable Ricardo S. Martinez
Honorable Michelle L. Peterson

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UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
LIJUNG EDWARDS-YU,

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Case No. C21-156-RSM-MLP
Plaintiff,

v.
LOUIS DEJOY, POSTMASTER
GENERAL OF THE UNITED STATES,

STIPULATED MOTION TO
CONTINUE SUMMARYJUDGMENT REPLY DEADLINE
Noted for Consideration:
August 1, 2022

Defendant.

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Plaintiff Lijung Edwards-Yu and Defendant Louis DeJoy, Postmaster General of the

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United States, jointly stipulate and move to extend Defendant’s deadline to file a reply in support

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of summary judgment by thirty (30) days to September 6, 2022.

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A court may modify a schedule for good cause. Fed. R. Civ. P. 16(b)(4). Continuing pretrial

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and trial dates is within the discretion of the trial judge. See King v. State of California, 784 F.2d

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910, 912 (9th Cir. 1986). Here, good cause exists for continuing the reply deadline. Undersigned

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counsel recently joined the U.S. Attorney’s Office for the Western District of Washington and

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received this case from AUSA Pat Gugin. AUSA Gugin retired this past Friday, July 29, 2022,

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STIPULATED MOTION TO CONTINUE
SUMMARY-JUDGMENT REPLY DEADLINE
C21-156-RSM-MLP - 1

UNITED STATES ATTORNEY
700 Stewart Street, Suite 5220
Seattle, Washington 98101-1271
206-553-7970

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and undersigned counsel received the case and entered her appearance the same day.

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AUSA Gugin filed a motion for summary judgment on July 11, 2022. (Dkt. 27.) Plaintiff’s

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response is due today, and Defendant’s reply is due Friday, August 5. To adequately represent

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her client, undersigned counsel requires additional time to familiarize herself with the record and

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the nuances of the case before filing a reply in support of summary judgment. The parties have

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conferred and have agreed to the following stipulations:

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1. Defendant will be given till September 6, 2022, to file the Reply to Plaintiff’s Response
to Motion for Summary Judgment.

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2. Defendant will not be refiling a new or Amended Motion for Summary Judgment even

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if the Court decides to extend the noting date for Defendant’s Motion for Summary

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Judgment to September 6, 2022.

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The parties believe that there is good cause to request an extension of the reply deadline to

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September 6, 2022, and respectfully request that the Court grant their motion. The parties do not

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ask to continue the trial date, which is in November 2022.

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SO STIPULATED.

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DATED: August 1, 2022

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/s/ Nolan Lim*
NOLAN LIM, WSBA #36830
Nolan Lim Law Firm, PS
1111 Third Avenue, Suite 1850
Seattle, WA 98101
Office: [phone]
[e-mail]
Counsel for Plaintiff
*Signed by permission

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—and—

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STIPULATED MOTION TO CONTINUE
SUMMARY-JUDGMENT REPLY DEADLINE
C21-156-RSM-MLP - 2

UNITED STATES ATTORNEY
700 Stewart Street, Suite 5220
Seattle, Washington 98101-1271
206-553-7970

NICHOLAS W. BROWN
United States Attorney

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/s/ Annalisa L. Cravens
ANNALISA L. CRAVENS,
TX Bar #24092298
Assistant United States Attorney
United States Attorney’s Office
700 Stewart Street, Suite 5220
Seattle, Washington 98101-1271
Phone: [phone]
Fax: [phone]
Email: [e-mail]

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Counsel for Defendant

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ORDER
Defendant’s reply in support of summary judgment is due September 6, 2022. The Clerk
is directed to RE-NOTE Defendant’s motion for summary judgment (dkt. # 27) for this Court’s
consideration on September 6, 2022.
IT IS SO ORDERED.
Dated this 1st day of August, 2022.

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A

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MICHELLE L. PETERSON
United States Magistrate Judge

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STIPULATED MOTION TO CONTINUE
SUMMARY-JUDGMENT REPLY DEADLINE
C21-156-RSM-MLP - 3

UNITED STATES ATTORNEY
700 Stewart Street, Suite 5220
Seattle, Washington 98101-1271
206-553-7970