Lewis v. Vail Resorts Inc

Filing 84

ORDER granting Parties' 83 Stipulated Motion to Extend Deadline. The deadline for Defendants to file their reply in support of their motion for summary judgment, (Dkt. # 74 ), is continued to 1/9/2025. Signed by Judge Robert S. Lasnik. (SB)

1
2
3
4
5
6
UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF WASHINGTON

7
8

MIROSLAVA LEWIS,

9
10
11

Plaintiff,
v.

12

VAIL RESORTS, INC., VAIL
HOLDINGS, INC., THE VAIL
CORPORATION, and JOHN DOES 1-3,

13

Defendants.

No. 2:23-cv-00812-RSL
STIPULATED MOTION AND ORDER
TO EXTEND DEADLINE TO FILE
REPLY IN SUPPORT OF VAIL
DEFENDANTS; MOTION FOR
SUMMARY JUDGMENT

14
15
16
17
18
19
20
21
22
23
24
25
26
27

I.

STIPULATION

For good cause shown pursuant to Fed. R. Civ. P. 16(b)(4) and United States District
Court for the Western District of Washington Local Civil Rule (LCR) 7(j) and 16(b)(6),
defendants Vail Resorts, Inc., Vail Holdings, Inc., and the Vail Corporation (collectively
“Defendants”) and Plaintiff Miroslava Lewis respectfully and jointly move for entry of an
order extending the deadline for Defendants to file their reply in support of their motion for
summary judgment, (Dkt. #74), to January 9, 2025.
A court may modify the deadlines in a case schedule or for a summary judgment
motion for good cause. Fed. R. Civ. P. 16(b)(4); LCR 7(j); LCR 16(b)(5), (6). This standard
primarily considers the diligence of a party seeking the amendment. Johnson v. Mammoth
Recreations, 975 F.2d 604, 609 (9th Cir. 1992). Counsel for the parties have been working
cooperatively to adjust filing deadlines related to Defendants’ motion for summary judgment
and agree that good cause exists for a 3-day extension of the deadline for Defendants to file
STIPULATED MOTION AND ORDER TO EXTEND
DEADLINE TO FILE REPLY IN SUPPORT OF VAIL
DEFENDANTS; MOTION FOR SUMMARY
JUDGMENT - 1
2:23-cv-00812-RSL

KEATING, BUCKLIN & MCCORMACK, INC., P.S.
ATTORNEYS AT LAW
1201 THIRD AVENUE, SUITE 1580
SEATTLE, WASHINGTON 98101
PHONE: [phone]
FAX: [phone]

1
2

the reply in support of their motion for summary judgment:
1.

Defendants filed their motion for summary judgment on December 3, 2024.

3

(Dkt. # 74.) Plaintiff’s response was due by December 26, with Defendants’ reply due by

4

December 31. See LCR 7(c)(4).

5

2.

On December 23, Plaintiff filed an unopposed motion to extend the deadline

6

for her summary judgment response by 5 days to December 31. (Dkt. #78.) The Court granted

7

the motion. (Dkt. #79.) Plaintiff filed her response on December 31. (Dkt. #81.)

8

3.

Counsel for the parties’ conferred and agreed that good cause exists for a

9

similar short extension for Defendants to file their reply in support of summary judgment

10

given the holidays, Plaintiff’s short deadline extension, Defendants’ non-opposition to

11

Plaintiff’s request for an extension, and the lack of prejudice to any party by these short

12

extensions.

13

Given the above, the parties stipulate the good cause exists to extend the deadline for

14

Defendants to file their reply in support of their pending motion for summary judgment by

15

three days to January 9, 2025.

16
17
18
19

IT IS SO STIPULATED THROUGH COUNSEL OF RECORD
DATED: January 3, 2025
KEATING, BUCKLIN & McCORMACK, INC., P.S.

20
21
22
23
24
25
26
27

By: /s/ Richard B. Jolley
Richard B. Jolley, WSBA #23473
Brian C. Augenthaler, WSBA #44022
Margot G. Cotter, WSBA #57540
Rakiah B. Adams, WSBA #58799
Attorneys for Defendants
1201 Third Avenue, Suite 1580
Seattle, WA 98101
Phone: [phone]
Fax: [phone]
Email: [e-mail]
STIPULATED MOTION AND ORDER TO EXTEND
DEADLINE TO FILE REPLY IN SUPPORT OF VAIL
DEFENDANTS; MOTION FOR SUMMARY
JUDGMENT - 2
2:23-cv-00812-RSL

KEATING, BUCKLIN & MCCORMACK, INC., P.S.
ATTORNEYS AT LAW
1201 THIRD AVENUE, SUITE 1580
SEATTLE, WASHINGTON 98101
PHONE: [phone]
FAX: [phone]

[e-mail]
[e-mail]
[e-mail]

1
2
3
4

I certify that this memorandum contains 351 words, in compliance with the Local Civil Rules.
DATED: January 3, 2025
SALTZ MONGELUZZI BENDESKY, PC.

5
6
7

By: /s/ Robert W. Zimmerman
Robert W. Zimmerman (pro hac vice) PA# 208410
Samuel A. Haaz (pro hac vice) PA# 21505
Attorneys for Plaintiff

8
9

1650 Market Street, 52nd Floor
Philadelphia, PA 19103
Phone: [phone]
Email: [e-mail]
[e-mail]

10
11
12
13
14
15

DATED: January 3, 2025
DEBORAH ALEXANDER ATTORNEY AT LAW
PLLC

16
17
18
19
20
21

By: /s/Deborah E. Alexander
Deborah Emanuel Alexander, WSBA #21505
Attorney for Plaintiff
11900 NE 1st Street, Suite 300
Bellevue, WA 98005
Phone: [phone]
Email: [e-mail]

22
23
24
25
26
27
STIPULATED MOTION AND ORDER TO EXTEND
DEADLINE TO FILE REPLY IN SUPPORT OF VAIL
DEFENDANTS; MOTION FOR SUMMARY
JUDGMENT - 3
2:23-cv-00812-RSL

KEATING, BUCKLIN & MCCORMACK, INC., P.S.
ATTORNEYS AT LAW
1201 THIRD AVENUE, SUITE 1580
SEATTLE, WASHINGTON 98101
PHONE: [phone]
FAX: [phone]

1
2
3
4

II.

ORDER

THIS MATTER having come on regularly for hearing upon the stipulation of the
parties and the Court being fully advised in the premises, now, therefore, it is hereby
ORDERED that the deadline for Defendants to file their reply in support of their motion for
summary judgment, (Dkt. #74), is continued to January 9, 2025.

5
6

Dated this 3rd day of January, 2025.

7
8
9

Robert S. Lasnik
United States District Judge

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
STIPULATED MOTION AND ORDER TO EXTEND
DEADLINE TO FILE REPLY IN SUPPORT OF VAIL
DEFENDANTS; MOTION FOR SUMMARY
JUDGMENT - 4
2:23-cv-00812-RSL

KEATING, BUCKLIN & MCCORMACK, INC., P.S.
ATTORNEYS AT LAW
1201 THIRD AVENUE, SUITE 1580
SEATTLE, WASHINGTON 98101
PHONE: [phone]
FAX: [phone]