Morisky v. MMAS Research LLC et al
Filing
71
ORDER Setting Trial Date and Related Dates. Jury Trial is set for 7/24/2023 at 9:00 AM in Courtroom 13206 before Judge Ricardo S. Martinez. Joining additional parties and amending pleadings due by 8/5/2022, Fact discovery completed by 1/13/2023, Expe rt Disclosures under FRCP 26(a)(2) due by 2/17/2023, Rebuttal Expert Disclosures due by 3/17/2023, Dispositive motions due by 3/27/2023, Expert discovery (and taking expert depositions) completed by 3/31/2023, Motions related to discovery due by 3/31/2023, Mediation per LCR 39.1(c) to be completed by 4/28/2023, Motions in Limine due by 6/26/2023, Agreed LCR 16.1 Pretrial Order due by 7/12/2023, Trial briefs, proposed voir dire, jury instructions and exhibits due by 7/19/2023. Signed by Judge David W. Christel. (SB)
Case 2:21-cv-01301-RSM-DWC Document 71 Filed 08/02/22 Page 1 of 4
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA
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DONALD E. MORISKY,
Plaintiff,
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ORDER SETTING TRIAL DATE AND
RELATED DATES
v.
MMAS RESEARCH LLC, et al.,
Defendants.
The Court has reviewed the parties’ Joint Status Report (Dkt. 66) and schedules this case
for a ten-day jury trial on July 24, 2023 at 9:00 a.m. before the Honorable Ricardo S.
Martinez, Courtroom 13206 with the following pretrial schedule:
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CASE NO. 2:21-CV-1301-RSM-DWC
Event
Deadline for joining additional parties and amending pleadings
Date
August 5, 2022,
Fact discovery completed by
January 13, 2023
Expert disclosures under Fed. R. Civ. P. 26(a)(2)
February 17, 2023
Rebuttal expert disclosures
March 17, 2023
Expert discovery (and taking expert depositions) completed by
March 31, 2023
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ORDER SETTING TRIAL DATE AND RELATED
DATES - 1
Case 2:21-cv-01301-RSM-DWC Document 71 Filed 08/02/22 Page 2 of 4
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Last date to file motions related to discovery
March 31, 2023
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All dispositive motions and Daubert motions must be filed by
(see LCR 7(d))
Mediation per LCR 39.1(c), if requested by the parties, held no
later than
All motions in limine must be filed by this date and noted on the
motion calendar no later than the THIRD Friday after filing.
March 27, 2023
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April 28, 2023
June 26, 2023
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Motions in limine raised in trial briefs will not be considered.
Agreed LCR 16.1 Pretrial Order due
July 12, 2023
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Trial briefs, proposed voir dire, jury instructions and exhibits by
July 19, 2023
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Pretrial conference
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To be set by the
Court
This order sets firm dates that can be changed only by order of the Court, not by
agreement of counsel for the parties. The Court will alter these dates only upon good cause
shown. Failure to complete discovery within the time allowed is not recognized as good cause.
If any of the dates identified in this Order or the Local Civil Rules fall on a weekend or federal
holiday, the act or event shall be performed on the next business day.
If the trial dates assigned to this matter creates an irreconcilable conflict, counsel must
notify Deputy Clerk Kim Brye at kim_brye@wawd.uscourts.gov, within 10 days of the date of
this Order and must set forth the exact nature of the conflict. A failure to do so will be deemed a
waiver. Counsel must be prepared to begin trial on the date scheduled, but it should be
understood that the trial may have to await the completion of other cases.
ALTERATIONS TO ELECTRONIC FILING PROCEDURES
As of June 1, 2004, counsel shall be required to electronically file all documents with the
court. Pro se litigants may file either electronically or in paper form. Information and procedures
or electronic filing can be found on the Western District of Washington’s website at
https://www.wawd.uscourts.gov.
ORDER SETTING TRIAL DATE AND RELATED
DATES - 2
Case 2:21-cv-01301-RSM-DWC Document 71 Filed 08/02/22 Page 3 of 4
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The following alterations to the Electronic Filing Procedures apply in all cases pending
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Section III, Paragraph F: When the aggregate submittal to the Court (i.e., the motion, any
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declarations and exhibits, the proposed order, and the certification of service) exceeds 50
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pages in length, a paper copy of the document (3-hole punched, with dividers, banded or
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clipped as needed. No binders.) must be delivered to the Clerk’s Office by 10:30 a.m. the
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day after filing. The chambers copy must be clearly marked with the words “Courtesy
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Copy of Electronic Filing for Chambers.”
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Section III, Paragraph L: Unless the proposed order is stipulated, agreed, or otherwise
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uncontested, the parties need not email a copy of the order to the judge’s orders email
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address.
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DISCOVERY
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As required by CR 37(a), all discovery matters are to be resolved by agreement if
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15 the court, the parties should contact Kim Brye at (253) 882-3811 or via e-mail at: kim_brye @
16 wawd.uscourts.gov, as soon as possible.
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PRIVACY POLICY
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Under LCR 5.2(a), parties must redact the following information from documents and
19 exhibits before they are filed with the Court:
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Dates of Birth – redact to the year of birth, unless deceased.
Names of Minor Children – redact to the initials, unless deceased or currently over the
age of 18.
Social Security or Taxpayer ID Numbers – redact in their entirety
Financial Accounting Information – redact to the last four digits.
Passport Numbers and Driver License Numbers – redact in their entirety.
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ORDER SETTING TRIAL DATE AND RELATED
DATES - 3
Case 2:21-cv-01301-RSM-DWC Document 71 Filed 08/02/22 Page 4 of 4
EXHIBITS
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The original and one copy of the trial exhibits are to be delivered to chambers seven days
3 before the trial date. Each exhibit shall be clearly marked. Exhibit tags are available in the
4 Clerk’s Office.
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The Court hereby alters the LCR 16.1 procedure for numbering exhibits:
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Plaintiff’s exhibits shall be numbered consecutively beginning with the number “1”
7 (one). Defendant’s exhibits shall be numbered consecutively beginning with “A-1” (one).
8 Duplicate documents shall not be listed twice. Once a party has identified an exhibit in the
9 Pretrial Order, any party may use it. Each set of exhibits shall be submitted in a three-ring binder
10 with appropriately numbered tabs.
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COOPERATION AND SETTLEMENT
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As required by LCR 37(a), all discovery matters are to be resolved by agreement if
13 possible. Counsel are further directed to cooperate in preparing the final Pretrial Order in the
14 format required by LCR 16.1, except as ordered below.
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Should this case settle before Judge Martinez has ruled on dispositive motions, counsel
16 shall notify Kim Brye at (253) 882-3811 or via e-mail at: kim_brye@wawd.uscourts.gov. Should
17 this case settle after Judge Martinez has ruled on dispositive motions, counsel shall immediately
18 notify Laurie Cuaresma, at (206) 370-8521. Pursuant to CR11(b), an attorney who fails to give
19 the Deputy Clerk prompt notice of settlement may be subject to such discipline as the Court
20 deems appropriate.
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Dated this 2nd day of August, 2022.
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A
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David W. Christel
United States Magistrate Judge
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ORDER SETTING TRIAL DATE AND RELATED
DATES - 4
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