Simkins v. New York Life Insurance Company

Filing 60

ORDER granting Parties' 58 Stipulated MOTION to Vacate and Reset Trial and to Extend Deadlines and Amend Scheduling Order. The Court sets the following amended trial and related dates: 5-day Jury Trial is set for 12/9/2024 at 09 :00 AM in Courtroom 16106 before Judge Jamal N Whitehead. Joinder of Parties due by 9/12/2023, Amended Pleadings due by 5/13/2024, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 5/13/2024, Disclosure of rebuttal expert testimony u nder FRCP 26(a)(2) due within 30 days after the other party's expert disclosure, Discovery Motions due by 6/11/2024, Discovery completed by 7/11/2024, Dispositive motions and motions challenging expert witness testimony due by 8/12/2024, Se ttlement conference under LCR 39.1(c)(2) held no later than 10/9/2024, Motions in Limine due by 10/29/2024, Deposition Designations must be submitted to the Court by 11/18/2024, Agreed Pretrial Order due by 11/18/2024, Trial briefs, proposed voir dire questions and proposed jury instructions must be filed by 11/25/2024, Pretrial Conference set for 12/2/2024 at 09:00 AM in Courtroom 16106 before Judge Jamal N Whitehead. Signed by Judge Jamal N Whitehead. (KRA)

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THE HONORABLE JAMAL N. WHITEHEAD

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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DIANE SIMKINS, decedent, by her personal
10 representative, Kristi Simkins; KRISTI SIMKINS
and PATRIC ROGERS; and CHRISTER
11 PERSSON,
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Plaintiffs,
v.

No. 2:23-CV-00578 JNW
[PROPOSED] ORDER GRANTING
STIPULATED MOTION TO VACATE
AND RESET TRIAL AND TO
EXTEND DEADLINES AND AMEND
SCHEDULING ORDER

NEW YORK LIFE INSURANCE COMPANY;
15 and ILLUMIFIN CORPORATION, a foreign
profit corporation,
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Defendants.
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FIRST AMENDED SCHEDULING DATES
Having reviewed the parties’ Stipulated Motion to Vacate and Reset Trial and Extend
Deadlines and Amended Scheduling Order, the Court hereby GRANTS the Motion, and sets

22 the following amended trial and related dates:
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EVENT

DATE

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JURY TRIAL begins

December 9, 2024

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Length of trial

See JSR

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Deadline for joining additional parties

September 12, 2023

PROPOSED ORDER GRANTING STIPULATED
MOTION TO VACATE AND RESET TRIAL AND TO
EXTEND DEADLINES AND AMEND SCHEDULING
ORDER

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EVENT

DATE

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Deadline for amended pleadings

May 13, 2024

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Disclosure of expert testimony under
Fed.R.Civ.P. 26(a)(2)

May 13, 2024

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Disclosure of rebuttal expert testimony under
Fed.R.Civ.P. 26(a)(2)

within 30 days after the
other party’s expert
disclosure

All motions related to discovery must be filed by
(see LCR 7(d))

June 11, 2024

Discovery completed by

July 11, 2024

All dispositive motions and motions challenging
expert witness testimony must be filed by
(see LCR 7(d))

August 12, 2024

Settlement conference under LCR 39.1(c)(2) if
requested by the parties, must be held not later than
October 9, 2024
All motions in limine must be filed by
(see LCR 7(d))

October 29, 2024

Deposition Designations must be submitted to
the Court by (see LCR 32(e))

November 18, 2024

Agreed pretrial order due

November 18, 2024

Trial briefs, proposed voir dire questions and
proposed jury instructions must be filed by

November 25, 2024

Pretrial conference

December 2, 2024

The Local Civil Rules set all other dates. The dates listed in this order and set by the
Local Civil Rules are firm and cannot be changed by agreement between the parties. Only the
Court may alter these dates and it will do so only if good cause is shown. Failure to complete

25 discovery within the time allowed does not establish good cause. If any of the dates identified
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PROPOSED ORDER GRANTING STIPULATED
MOTION TO VACATE AND RESET TRIAL AND TO
EXTEND DEADLINES AND AMEND SCHEDULING
ORDER

1 in this Order or the Local Civil Rules fall on a weekend or federal holiday, the act or event
2 must be performed on the next business day.
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If the scheduled trial date creates an irreconcilable conflict, counsel must email Grant
Cogswell, Courtroom Deputy, at [e-mail] within 10 days of the
date of this Order, explaining the exact nature of the conflict. Failure to do so will be deemed

7 a waiver. Counsel must be prepared to begin trial on the date scheduled but should understand
8 that trial may have to await the completion of other cases.
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COOPERATION
As required by LCR 37(a), all discovery matters should be resolved by agreement if
possible. Counsel are also directed to cooperate in preparing the final pretrial order in the
format required by LCR 16.1, except as ordered below.
EXHIBITS
The parties must deliver one copy of their respective trial exhibits to Grant Cogswell,

16 Courtroom Deputy, five (5) days before the trial date. Each exhibit must be clearly marked on
17 the face of the exhibit. Each set of exhibits must be submitted in a three−ring binder with
18 appropriately numbered tabs. The Court alters the LCR 16.1 procedure for numbering exhibits
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as follows: Plaintiff's exhibits should be numbered consecutively beginning with 1;
Defendant's exhibits should include the prefix "A" and should be numbered consecutively
beginning with A−1. Duplicate documents should not be listed twice. Once a party has

23 identified an exhibit in the pretrial order, any party may use it.
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In addition, no later than seven (7) days before the trial date, the parties should send an

25 electronic copy of all exhibits in .PDF format with Optical Character Recognition (“OCR”)
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PROPOSED ORDER GRANTING STIPULATED
MOTION TO VACATE AND RESET TRIAL AND TO
EXTEND DEADLINES AND AMEND SCHEDULING
ORDER

1 searchable text to Grant Cogswell, Courtroom Deputy. The parties should notify the court of
2 any physical objects or files that cannot be transmitted electronically. Exhibits must be
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marked as described above, and the following protocols also apply: (1) Electronic exhibits
must be transmitted individually (i.e., one exhibit per file), but exhibits may have multiple
pages; (2) Exhibit file names should match the descriptions listed on the joint exhibit list as

7 closely as possible except that file names should not exceed 80 characters, e.g., Ex. 1 −
8 Accident Scene Photo; Ex. A−1 – Email dated 4−03−23.
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SETTLEMENT

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If this case settles, counsel must notify Grant Cogswell, Courtroom Deputy, as soon as
possible at [e-mail]. An attorney who fails to give the courtroom
deputy prompt notice of settlement may be subject to sanctions or discipline under LCR
11(b).

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PROPOSED ORDER GRANTING STIPULATED
MOTION TO VACATE AND RESET TRIAL AND TO
EXTEND DEADLINES AND AMEND SCHEDULING
ORDER

1 PRESENTED BY:
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HILLIS CLARK MARTIN & PETERSON P.S.

SHERMAN & HOWARD L.L.C.

By s/ Alexander M. Wu
Alexander M. Wu, WSBA #40649
Rosa O. Ostrom, WSBA #55933
999 Third Avenue, Suite 4600
Seattle, WA 98104
[phone]
Email: [e-mail];
[e-mail]

By s/ Melissa K. Reagan
Melissa K. Reagan (Pro Hac Vice)
[e-mail]
Tara Bailes (Pro Hac Vice)
[e-mail]
675 Fifteenth Street, Suite 2300
Denver, Colorado 80202
[phone]

Counsel for Defendant illumifin Corporation
LANE POWELL PC

KELLER ROHRBACK L.L.P.

By s/ Diane C. Babbitt
Diane C. Babbitt, WSBA #17856
Tim Wackerbarth, WSBA #13673
Andrew G. Yates, WSBA #34239
1420 5th Ave Ste 4200
Seattle WA 98111-9402
[e-mail]
[e-mail]
[e-mail]

By s/ Adam L. Rosenberg
Adam L. Rosenberg, WSBA #39256
1201 Third Avenue Suite 3200
Seattle WA 98101
[phone]
[e-mail]
Counsel for Plaintiffs

Counsel for New York Life Insurance Co.

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Dated this 5th of February 2024.

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A

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Jamal N. Whitehead
United States District Judge

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PROPOSED ORDER GRANTING STIPULATED
MOTION TO VACATE AND RESET TRIAL AND TO
EXTEND DEADLINES AND AMEND SCHEDULING
ORDER