Diemert v. City of Seattle et al

Filing 48

ORDER granting Parties' 47 Stipulated MOTION to Continue Certain Pre-Trial Deadlines and Trial Date. The Court hereby orders the limited extension of upcoming case deadlines as follows: Jury Trial date is extended to 1/13/2025 before Jud ge Jamal N Whitehead. All motions related to discovery must be filed by 5/31/2024, Deadline to complete remaining discovery is 6/12/2024, All dispositive motions and motions challenging expert witness testimony must be filed by 7/15/2024. The Clerk of Court is directed to issue a new Case Scheduling Order setting all pretrial deadlines not specifically agreed upon by the Parties, in accordance with the new trial date. Signed by Judge Jamal N Whitehead. (KRA)

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The Honorable Jamal Whitehead

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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9 JOSHUA A. DIEMERT, an individual,
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Plaintiff,

No. 2:22-CV-01640-JNW

v.

12 THE CITY OF SEATTLE, a municipal
corporation,
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Defendant.
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Submitted: May 8, 2024

STIPULATED MOTION

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STIPULATED MOTION AND ORDER
TO CONTINUE CERTAIN PRE-TRIAL
DEADLINES AND TRIAL DATE

Plaintiff Joshua A. Diemert (“Plaintiff”) and Defendant The City of Seattle (“Defendant”)

17 jointly move the Court to amend the Order Setting Motion to Extend Answer Deadline and
18 Continue Trial (Dkt. No. 30) and extend the trial date and related deadlines in this case.
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In support of this Stipulated Motion, the Parties state the following:

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1.

Plaintiff filed the Complaint in this matter on November 16, 2022. Dkt. 1. Plaintiff

21 filed an Amended Complaint and served Defendant with same on January 19, 2023. Dkt. 10-11.
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2.

On March 10, 2023, Defendant moved for dismissal of Plaintiff’s claims pursuant to

23 Federal Rule of Civil Procedure 12(b)(6). Dkt. 16. The Court issued an Order granting in part and
24 denying in part Defendant’s Motion on August 28, 2023. Dkt. 28.
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3.

Since the Court issued its Order on Defendant’s Motion to Dismiss, the Parties have

26 been actively engaged in discovery. The Parties have previously conferred and agreed on limited
27 deadline extensions. See Dkt. No. 44, Order to Extend Deadlines for Rebuttal Expert Testimony
STIPULATED MOTION AND ORDER TO CONTINUE
CERTAIN PRE-TRIAL DEADLINES AND TRIAL DATE- 1
(Case 2:22-CV-01640-JNW)
4863-6182-0859v.4 0002348-000031

Davis Wright Tremaine LLP

L AW O FFICE S
920 Fifth Avenue, Suite 3300
Seattle, WA 98104-1610
206.622.3150 main · 206.757.7700 fax

1 and Discovery, 03-22-2024. This matter is currently set for trial on September 9, 2024.
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The Parties have conferred and agree that the remaining agreed additional discovery

3 cannot be completed under the existing case schedule. Counsel for Defendant contacted Courtroom
4 Deputy Grant Cogswell on April 25, 2024 to request the Court’s availability for trial dates in
5 November or December, 2024. The Court provided options of November 4, 2024, November 11,
6 2024, or January 13, 2025. Given witness availability issues, Plaintiff requested the January 13,
7 2025 date, and Defendant has agreed.
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5.

The Parties do not wish to broadly reopen discovery and therefore stipulate that any

9 additional discovery will be limited to the following:
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Testimony and related document collection related to defense experts Tim
Wise and Lorraine Barrick, and Plaintiff’s experts, Ashleigh Lansing, Erec
Smith, and Devon Westhill.

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Testimony and related document collection pertaining to Plaintiff’s medical
treatment and conditions.

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The second day of Plaintiff’s deposition, for which Plaintiff agrees to make
himself available for a full day, and for which Defendant agrees to avoid any
duplicative questioning.

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6.

Regarding any currently pending discovery on which the Parties have unresolved

17 disputes, the Parties have agreed to expedite resolution as follows:
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Each side will make its final production and confirm that it has no additional
responsive documents to any pending request to which it has not objected by
May 10, 2024.

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To the extent any discovery requests remain disputed, counsel for the
requesting party will provide to the other party an itemized list by May 17,
2024 of the outstanding discovery issues that remain at that time. The
responding party will have until May 31, 2024, to either produce the final
disputed items, or to seek a protective order from the Court. Counsel for the
requesting party will have until May 31, 2024, to file a motion to compel
production. Any further discovery on these disputed issues will be in
accordance with the Court’s order.

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7.

In accordance with the Parties’ agreement, the Parties hereby request limited

26 extensions of upcoming case deadlines as follows:
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STIPULATED MOTION AND ORDER TO CONTINUE
CERTAIN PRE-TRIAL DEADLINES AND TRIAL DATE- 2
(Case 2:22-CV-01640-JNW)
4863-6182-0859v.4 0002348-000031

Davis Wright Tremaine LLP

L AW O FFICE S
920 Fifth Avenue, Suite 3300
Seattle, WA 98104-1610
206.622.3150 main · 206.757.7700 fax

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8.

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May 31, 2024 – deadline to file discovery motions (within the limitations
described above).

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June 12, 2024 – deadline to complete the limited remaining discovery
identified above.

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July 15, 2024 – deadline to file dispositive motions and motions challenging
expert testimony.

In addition, the Parties jointly request an extension of the trial date to January 13,

6 2025. The Parties further jointly request that the Court issue a new Case Scheduling Order setting
7 all pretrial deadlines not specifically agreed upon by the Parties as described herein in accordance
8 with the new trial date.
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STIPULATED this 8th day of May, 2024.
PACIFIC LEGAL FOUNDATION
Attorneys for Plaintiff Joshua A. Diemert
*Electronic signatured added per email
authority provided 05-08-2024*
By
/s/ Laura D’Agostino
Wesley P. Hottot, WSBA #47539
1425 Broadway, Suite 429
Seattle, WA 98122
Telephone: [phone]
Email: [e-mail]

DAVIS WRIGHT TREMAINE LLP
Attorneys for Defendant The City of Seattle
By

Laura M. D’Agostino
Admitted Pro Hac Vice
Nicholas J. DeBenedetto
Admitted Pro Hac Vice
3100 Clarendon Boulevard, Suite 1000
Arlington, VA 22201
Telephone: [phone]
Email: [e-mail]
Email: [e-mail]

/s/ Victoria Slade
Sheehan Sullivan, WSBA #33189
Victoria M. Slade, WSBA 44597
Darrah N. Hinton, WSBA #53542
920 Fifth Avenue, Suite 3300
Seattle, WA 98104-1610
Telephone: [phone]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]

Andrew R. Quinio
Admitted Pro Hac Vice
Erin E. Wilcox
Admitted Pro Hac Vice
555 Capitol Mall, Suite 1290
Sacramento, CA 95814
Telephone: [phone]
Email: [e-mail]
Email: [e-mail]

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STIPULATED MOTION AND ORDER TO CONTINUE
CERTAIN PRE-TRIAL DEADLINES AND TRIAL DATE- 3
(Case 2:22-CV-01640-JNW)
4863-6182-0859v.4 0002348-000031

Davis Wright Tremaine LLP

L AW O FFICE S
920 Fifth Avenue, Suite 3300
Seattle, WA 98104-1610
206.622.3150 main · 206.757.7700 fax

ORDER

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The Parties jointly moved the Court for an extension of the trial date and case deadlines.

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3 In accordance with the Parties’ agreement, the Court hereby orders the limited extension of
4 upcoming case deadlines as follows:
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Event

Revised Date

All motions related to discovery must be
filed (within the limitations as stipulated
and agreed to between the Parties)

May 31, 2024

Deadline to complete remaining discovery
(within the limitations as stipulated and
agreed to between the Parties)

June 12, 2024

All dispositive motions and motions
challenging expert witness testimony
must be filed by

July 15, 2024

In addition, the Court extends the trial date to January 13, 2025. The Clerk of Court is

14 directed to issue a new Case Scheduling Order setting all pretrial deadlines not specifically agreed
15 upon by the Parties, as described in the Parties’ Stipulation herein, in accordance with the new trial
16 date.
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IT IS SO ORDERED.

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Dated this 10th day of May, 2024.

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A

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Jamal N. Whitehead
United States District Judge

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STIPULATED MOTION AND ORDER TO CONTINUE
CERTAIN PRE-TRIAL DEADLINES AND TRIAL DATE- 4
(Case 2:22-CV-01640-JNW)
4863-6182-0859v.4 0002348-000031

Davis Wright Tremaine LLP

L AW O FFICE S
920 Fifth Avenue, Suite 3300
Seattle, WA 98104-1610
206.622.3150 main · 206.757.7700 fax

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Presented by:

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DAVIS WRIGHT TREMAINE LLP
Attorneys for Defendant The City of Seattle

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By

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/s/ Victoria Slade
Sheehan Sullivan, WSBA #33189
Victoria M. Slade, WSBA 44597
Darrah N. Hinton, WSBA #53542
920 Fifth Avenue, Suite 3300
Seattle, WA 98104-1610
Telephone: [phone]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]

Stipulated / Approved as to Form:
PACIFIC LEGAL FOUNDATION
Attorneys for Plaintiff Joshua A. Diemert
*Electronic signatured added per email
authority provided 05-08-2024*
By
/s/ Laura D’Agostino
Wesley P. Hottot, WSBA #47539
1425 Broadway, Suite 429
Seattle, WA 98122
Telephone: [phone]
Email: [e-mail]
Laura M. D’Agostino
Admitted Pro Hac Vice
Nicholas J. DeBenedetto
Admitted Pro Hac Vice
3100 Clarendon Boulevard, Suite 1000
Arlington, VA 22201
Telephone: [phone]
Email: [e-mail]
Email: [e-mail]
Andrew R. Quinio
Admitted Pro Hac Vice
Erin E. Wilcox
Admitted Pro Hac Vice
555 Capitol Mall, Suite 1290
Sacramento, CA 95814
Telephone: [phone]
Email: [e-mail]
Email: [e-mail]

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STIPULATED MOTION AND ORDER TO CONTINUE
CERTAIN PRE-TRIAL DEADLINES AND TRIAL DATE- 5
(Case 2:22-CV-01640-JNW)
4863-6182-0859v.4 0002348-000031

Davis Wright Tremaine LLP

L AW O FFICE S
920 Fifth Avenue, Suite 3300
Seattle, WA 98104-1610
206.622.3150 main · 206.757.7700 fax