Johnson v. Holyoke et al
Filing
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ORDER granting in part and denying in part Parties' 14 Stipulated MOTION to Extend Deadlines. The new deadline for the disclosure of expert testimony is 5/24/2024. Signed by Judge James L. Robart. (SS)
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
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SAMANTHA L. JOHNSON,
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Plaintiff,
v.
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CASE NO. C23-1114JLR
ORDER
MELISSA S. HOLYOKE, et al.,
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Defendants.
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Before the court is the parties’ stipulated motion to “extend the current deadlines
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for disclosure of expert testimony and the discovery cut-off.” (Mot. (Dkt. # 14) at 1.)
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The deadline for the disclosure of expert testimony was May 8, 2024, and the deadline
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for completion of discovery is July 8, 2024. (Sched. Order (Dkt. # 13) at 1.) Dispositive
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motions are due August 6, 2024, and trial is set to begin on November 4, 2024. (Id.) The
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parties propose to extend (1) the deadline for disclosure of expert testimony to May 24,
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2024, and (2) the discovery cut-off date to August 16, 2024. (Mot. at 1.) The parties
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ORDER - 1
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represent that they need additional time to obtain expert opinions and engage in
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mediation. (Mot. at 2.)
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The court issues scheduling orders setting trial and related dates to provide a
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reasonable schedule for the resolution of disputes. Pursuant to Federal Rule of Civil
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Procedure 16(b)(4), “[a] schedule may be modified only for good cause and with the
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judge’s consent.” Fed. R. Civ. P. 16(b)(4). “Good cause” for purposes of Rule 16
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focuses on the diligence of the party or parties seeking to modify the pretrial scheduling
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order. Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 607-08 (9th Cir. 1992). To
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show “good cause,” a party must show that it could not meet the deadline imposed by the
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scheduling order despite its diligence. Id. at 609. As the court noted in its scheduling
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order, “failure to complete discovery within the time allowed is not recognized as good
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cause.” (Sched. Order at 1.)
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The court grants the parties’ motion as it pertains to the deadline for the disclosure
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of expert testimony but denies the motion as it pertains to the discovery cut-off date. The
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proposed discovery cut-off date extends beyond the dispositive motions deadline,
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jeopardizing the remaining deadlines and the trial date. The court generally sets the
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discovery cut-off 30 days prior to the deadline for filing dispositive motions to ensure
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that the court has before it a complete record when it considers a motion that could
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potentially dispose of the case. (See id.) Moreover, the schedule generally provides 90
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days between the deadline for filing dispositive motions and the trial date. (See id.) This
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90-day period takes into account: (a) the 28-day period between the deadline for filing
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dispositive motions and the date those motions become ripe for the court’s consideration,
ORDER - 2
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see Local Rules W.D. Wash. LCR 7(d)(4); and (b) an additional 30 days during which the
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court endeavors to rule on the motion, see id. LCR 7(b)(5).
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The court is amenable to moving the discovery cut-off date, but, for the reasons set
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forth above, any modification must not alter the noting date for dispositive motions.
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Assuming the parties file dispositive motions on the August 6, 2024 deadline, the noting
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date will be Tuesday, September 3, 2024. See id. LCR 7(d)(4) (“28-Day Motions”).
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Thus, the parties may file a renewed motion proposing to extend the discovery cut-off
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date and the dispositive motions deadline, but all briefing on dispositive motions must be
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completed by no later than September 3, 2024 under any such proposal.
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Alternatively, the court will consider moving the parties’ trial date if they
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determine that the current November 4, 2024 trial date is unworkable. The parties should
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be aware that the court is presently scheduling trials in the summer of 2025. If the parties
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agree that the trial date should be moved to afford additional time to complete discovery
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and participate in mediation, they should file a stipulated motion to that effect. If the
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court moves this matter to the end of its trial calendar, the court will also issue a new
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scheduling order with respect to all unexpired pretrial deadlines.
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For the foregoing reasons, the court GRANTS in part and DENIES in part the
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parties’ stipulated motion (Dkt. # 14). The new deadline for the disclosure of expert
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testimony is May 24, 2024.
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Dated this 9th day of May, 2024.
A
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JAMES L. ROBART
United States District Judge
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ORDER - 3
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