Porter v. Hulcher Services Inc

Filing 17

AMENDED ORDER Setting Trial Date and Related Dates. Jury Trial is set for 3/13/2023 at 9:00 AM in Courtroom 13206 before Judge Ricardo S. Martinez. Signed by Judge David W. Christel. (SB)

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Case 2:21-cv-01488-RSM-DWC Document 17 Filed 01/10/22 Page 1 of 4 1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 7 8 9 THOMAS PORTER, Plaintiff, 10 12 HULCHER SERVICES INC., Defendant. 13 14 AMENDED ORDER SETTING TRIAL DATE AND RELATED DATES v. 11 CASE NO. 2:21-CV-1488-RSM-DWC The Court has reviewed the parties’ Joint Status Report (Dkt. 18) and schedules this case 15 for a five day jury trial 1 on March 13, 2023 at 9:00 a.m. before the Honorable Ricardo S. 16 Martinez, Courtroom 13206 with the following pretrial schedule: 17 Event 18 Deadline for joining additional parties and amending pleadings 19 Expert disclosures under Fed. R. Civ. P. 26(a)(2) 20 Rebuttal expert disclosures 21 Last date to file motions related to discovery Date January 18, 2022 July 18, 2022 August 17, 2022 September 9, 2022 22 23 24 In the Order Setting Trial Date and Related Dates, the Court inadvertently stated the trial was to be a bench trial. See Dkt. 16. This Amended Order Setting Trial Date and Related Dates correctly sets the trial and related dates for a jury trial. 1 AMENDED ORDER SETTING TRIAL DATE AND RELATED DATES - 1 Case 2:21-cv-01488-RSM-DWC Document 17 Filed 01/10/22 Page 2 of 4 1 Discovery completed by 2 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. 3 4 5 6 December 30, 2022 February 13, 2023 Pretrial conference 8 October 31, 2022 Motions in limine raised in trial briefs will not be considered. Agreed LCR 16.1 Pretrial Order due 7 September 30, 2022 Trial briefs, proposed voir dire, jury instructions and exhibits by March 1, 2023 To be set by the Court March 8, 2023 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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. AMENDED ORDER SETTING TRIAL DATE AND RELATED DATES - 2 Case 2:21-cv-01488-RSM-DWC Document 17 Filed 01/10/22 Page 3 of 4 1 The following alterations to the Electronic Filing Procedures apply in all cases pending 2 before Judge Martinez: 3 • Section III, Paragraph F: When the aggregate submittal to the Court (i.e., the motion, any 4 declarations and exhibits, the proposed order, and the certification of service) exceeds 50 5 pages in length, a paper copy of the document (3-hole punched, with dividers, banded or 6 clipped as needed. No binders.) must be delivered to the Clerk’s Office by 10:30 a.m. the 7 day after filing. The chambers copy must be clearly marked with the words “Courtesy 8 Copy of Electronic Filing for Chambers.” 9 • Section III, Paragraph L: Unless the proposed order is stipulated, agreed, or otherwise 10 uncontested, the parties need not email a copy of the order to the judge’s orders email 11 address. 12 DISCOVERY 13 As required by CR 37(a), all discovery matters are to be resolved by agreement if 14 possible. If there is a dispute the parties believe can be resolved through a phone conference with 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. 17 PRIVACY POLICY 18 Under LCR 5.2(a), parties must redact the following information from documents and 19 exhibits before they are filed with the Court: 20 21 22 23 • • • • • 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. 24 AMENDED ORDER SETTING TRIAL DATE AND RELATED DATES - 3 Case 2:21-cv-01488-RSM-DWC Document 17 Filed 01/10/22 Page 4 of 4 EXHIBITS 1 2 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. 5 The Court hereby alters the LCR 16.1 procedure for numbering exhibits: 6 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. 11 COOPERATION AND SETTLEMENT 12 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. 15 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. 21 Dated this 10th day of January, 2022. 22 A 23 David W. Christel United States Magistrate Judge 24 AMENDED ORDER SETTING TRIAL DATE AND RELATED DATES - 4

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