Ben-Shimol v. T-Mobile USA Inc

Filing 14

SCHEDULING ORDER. 12-day Jury Trial is set for 10/31/2022 at 9:00 AM in Courtroom 13206 before Judge Ricardo S. Martinez. Amended Pleadings due by 11/24/2021, Joinder of Parties due by 11/24/2021, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 4/28/2022, Rebuttal Expert Disclosure/Reports due by 5/26/2022, Daubert Motions and all motions related to discovery due by 6/16/2022, Discovery completed by 7/1/2022, Dispositive motions due by 7/15/2022, Motions in Limine due by 10/3/2022, Agreed LCR 16.1 Pretrial Order due by 10/19/2022, Voir dire/jury instructions/trial briefs due by 10/28/2022. Signed by Judge J Richard Creatura. (SB)

Case 2:21-cv-01314-RSM-JRC Document 14 Filed 11/16/21 Page 1 of 4

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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ARIEL BEN-SHIMOL,
Plaintiff,

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CASE NO. 2:21-cv-01314-RSM-JRC
SCHEDULING ORDER

v.
T-MOBILE USA INC.,
Defendant.

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The Court has reviewed the parties’ Joint Status Report (Dkt. 13) and schedules this case

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for a twelve-day jury trial beginning October 31, 2022, at 9:00 a.m. before the Honorable

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Ricardo S. Martinez, Courtroom 13206 with the following pretrial schedule:

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Event

Date

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Deadline for joining additional parties

November 24, 2021

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Deadline for amending pleadings

November 24, 2021

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Plaintiff’s expert disclosures under Fed. R. Civ. P. 26(a)(2)

April 28, 2022

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Defendant’s expert disclosures under Fed. R. Civ. P. 26(a)(2)

April 28, 2022

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SCHEDULING ORDER - 1

Case 2:21-cv-01314-RSM-JRC Document 14 Filed 11/16/21 Page 2 of 4

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Rebuttal expert disclosures

May 26, 2022

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Daubert motion deadline

June 16, 2022

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All motions related to discovery must be noted on the motion
calendar no later than the Friday before discovery closes
pursuant to LCR 7(d) and LCR 37(a)(2)

June 16, 2022

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Discovery motions must be filed by
Discovery completed by

July 1, 2022

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

July 15, 2022
October 3, 2022

All motions in limine must be filed by this date and noted on the
motion calendar no later than the second Friday after filing.
Motions in limine raised in trial briefs will not be considered.
Agreed LCR 16.1 Pretrial Order due

October 19, 2022
To be set

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

October 28, 2022

This order sets firm dates that can be changed only by order of the Court, not by

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agreement of counsel for the parties. The Court will alter these dates only upon good cause

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shown. Failure to complete discovery within the time allowed is not recognized as good cause.

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If any of the dates identified in this Order or the Local Civil Rules fall on a weekend or federal

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holiday, the act or event shall be performed on the next business day.

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If the trial dates assigned to this matter creates an irreconcilable conflict, counsel must

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notify Deputy Clerk Kelly Miller at [e-mail], within 10 days of the

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date of this Order and must set forth the exact nature of the conflict. A failure to do so will be

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deemed a waiver. Counsel must be prepared to begin trial on the date scheduled, but it should be

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understood that the trial may have to await the completion of other cases.

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SCHEDULING ORDER - 2

Case 2:21-cv-01314-RSM-JRC Document 14 Filed 11/16/21 Page 3 of 4

ALTERATIONS TO ELECTRONIC FILING PROCEDURES

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As of June 1, 2004, counsel shall be required to electronically file all documents with the

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court. Pro se litigants may file either electronically or in paper form. Information and

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procedures or electronic filing can be found on the Western District of Washington’s website at

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https://www.wawd.uscourts.gov.

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The following alterations to the Electronic Filing Procedures apply in all cases pending
before Judge Martinez:
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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.” Counsel and pro se parties should familiarize

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themselves with temporary directions regarding Courtesy Copies during the COVID-19

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outbreak. See https://www.wawd.uscourts.gov/judges/martinez-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 district judge’s orders

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email address.

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Discovery and Settlement

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As required by LCR 37(a), all discovery matters are to be resolved by agreement if

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possible. Counsel shall also cooperate in preparing the agreed pretrial order in the format

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required by LCR 16.1.

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SCHEDULING ORDER - 3

Case 2:21-cv-01314-RSM-JRC Document 14 Filed 11/16/21 Page 4 of 4

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Should this case settle before Judge Martinez has ruled on dispositive motions, counsel

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shall notify Judge Creatura’s courtroom deputy at [e-mail]. Should

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this case settle after Judge Martinez has ruled on dispositive motions, counsel shall immediately

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notify Judge Martinez’s courtroom deputy at [phone]. Pursuant to LCR 11(b), an

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attorney who fails to give the Deputy Clerk prompt notice of settlement may be subject to such

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discipline as the Court deems appropriate.

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Dated this 16th day of November, 2021.

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A

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J. Richard Creatura
Chief United States Magistrate Judge

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SCHEDULING ORDER - 4