South Lake Union Hotel LLC v. F&F Rogers Family Limited Partnership et al

Filing 20

ORDER granting Parties' 19 Stipulated Motion to Continue Pretrial Deadlines. Jury Trial is set for 6/30/2025 at 9:30 AM before District Judge Kymberly K. Evanson. Rebuttal Expert Disclosure/Reports due by 1/24/2025, Discovery Motions due by 1/ 30/2025, Document Discovery completed by 1/30/2025, Dispositive motions due by 3/3/2025, Attorney settlement conference to be held by 4/30/2025, Proposed jury instructions due by 6/9/2025, Pretrial Order due by 6/9/2025, Trial briefs, deposition designations, and proposed voir dire questions to be submitted by 6/16/2025. Signed by District Judge Kymberly K. Evanson. (SB)

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Hon. Kymberly K. Evanson

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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SOUTH LAKE UNION HOTEL, LLC, a
Delaware limited liability company,
Plaintiff,
v.

No. 2:23-cv-01868 KKE
STIPULATED MOTION AND
ORDER TO CONTINUE PRETRIAL
DEADLINES

F & F ROGERS FAMILY LIMITED
PARTNERSHIP, a Washington limited
partnership; DOES 1–10,
Defendant.
I. RELIEF REQUESTED

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COMES NOW the above captioned Parties jointly, by and through their

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undersigned counsel, and respectfully move this Court to continue the pre-trial deadlines

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set forth in the Court’s Order dated September 9, 2024. Dkt. No. 18. The parties have been

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working diligently and cooperatively in the exchange of discovery documents and in

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scheduling depositions. Nevertheless, the Parties have experienced delays in the

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completion of discovery. Accordingly additional time is necessary to complete discovery,

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conduct productive mediation and prepare the case for trial. Based on the foregoing, the

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Parties respectfully ask the Court to continue the pre-trial deadlines as set forth below.

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II. FACTS

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This action arises from a dispute between the owners of two buildings located in

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the South Lake Union neighborhood of Seattle. Plaintiff owns the Astra Hotel located at

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300 Terry Avenue North, Seattle, Washington 98109. Plaintiff contends that the

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conditions of the neighboring Fred Rogers Building have substantially damaged Plaintiff.

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Plaintiff filed this action alleging that the conditions of the Fred Rogers Building

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constitute a Private Nuisance and/or a Public Nuisance. Dkt. 1. Defendant generally

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denies Plaintiff’s allegations, denies liability and has asserted numerous affirmative

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defenses. Dkt. 9.

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The Parties have been actively participating in discovery. The Parties have

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exchanged written discovery and have resolved all discovery disputes through the meet

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and confer process. The Parties have also commenced the process of depositions and

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Plaintiff has served its expert report on Defendant pursuant to FRCP 26(a)(2) and the

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Court’s September 9, 2024 Order. The Parties have also been working towards finalizing

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dates for third-party depositions, the deposition of expert witnesses and Plaintiff’s

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30(b)(6) deposition. However, due to delays related to holidays and witness unavailability,

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the Parties anticipate being unable to complete discovery before the currently set

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discovery cut-off date. Accordingly, the Parties jointly request a brief extension of certain

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pre-trial deadlines.

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III. ARGUMENT

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“[D]istrict courts have the inherent authority to manage their dockets and

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courtrooms with a view towards the efficient and expedient resolution of cases." Dietz v.

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Bouldin, 579 U.S. 40, 47 (2016). Pursuant to Fed. R. Civ. P. 16 and W.D. Wash. Local

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Rule 16, the Court may modify the Court’s scheduling order for good cause shown. The

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“good cause” standard requires a showing that scheduling deadlines “cannot reasonably be

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met despite the diligence of the party seeking the extension.” Johnson v. Mammoth Recs.

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Proposed jury instructions
due by

6/9/2025

6/9/2025

Pretrial Order due by

6/9/2025

6/9/2025

Trial briefs to be submitted
by

6/16/2025

6/16/2025

Proposed voir dire
questions due by

6/16/2025

6/16/2025

Deposition Designations
due by

6/16/2025

6/16/2025

Pretrial Conference set for

6/19/2025

6/19/2025

Jury Trial

6/30/2025

6/30/2025

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IV. CONCLUSION
Based on the foregoing, the Parties hereby jointly respectfully request that the
Court enter the above-stated amended case schedule.
DATED this 30th day of December, 2024.
MURPHY, PEARSON, BRADLEY &
FEENEY
By: s/ Nicholas C. Larson
Nicholas C. Larson, WSBA 46034
520 Pike Street, Suite 1205
Seattle, Washington 98101
Telephone: [phone]
[e-mail]
Attorneys for Plaintiff

McNAUL EBEL NAWROT & HELGREN
PLLC

By: s/ James G. Diehl
Robert M. Sulkin, WSBA No. 15425
James G. Diehl, WSBA No. 54914
600 University Street, Suite 2700
Seattle, Washington 98101-3143
Telephone [phone]
[e-mail]
[e-mail]
Attorneys for Defendant F & F Rogers
Family Limited Partnership

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PROCEDURE FOR MOTIONS IN LIMINE
All motions in limine shall be submitted in a joint brief that: (1) contains an
introductory statement summarizing the case and the context for any disputes, with each
side drafting its own statement if they cannot agree; and (2) presents each motion under a
separate heading, below which the moving party will state its position and supporting legal

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authority, and the opposing party will do the same below that. Any agreed motions shall be

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noted as such. The joint brief must not exceed 12,600 words, excluding caption, date line,

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and signature block, with each party contributing no more than 6,300 words. Each party

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may submit a declaration along with the joint brief, as necessary.

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IT IS SO ORDERED.

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DATED: January 3, 2025

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Kymberly K. Evanson
United States District Judge