Arias v. Travelers Casualty Insurance Company of America

Filing 31

ORDER denying Parties' 30 Stipulated Motion to Amend Case Schedule. Signed by Judge John H. Chun. (MJV)

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IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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DANIEL CORTES ARIAS,

No. 2:24-cv-00546-JHC

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Plaintiff,

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v.

STIPULATED MOTION TO AMEND
CASE SCHEDULE & ORDER
DENYING MOTION

TRAVELERS CASUALTY INSURANCE
COMPANY OF AMERICA,
Defendant.

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I.

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STIPULATED MOTION

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The parties, by and through their undersigned counsel of record, hereby stipulate and

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jointly request that the Court amend the case schedule (Dkt. 18) pursuant to Fed. R. Civ. P. Rule

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6 and LCR 10(g).
II.

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A.

LEGAL AUTHORITY

Applicable Legal Standard

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A [case] schedule may be modified only for good cause and with the judge’s consent.

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Fed. R. Civ. P. 16(b)(4); see also LCR 16(b)(6) (“A schedule may be modified only for good

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cause and with the judge’s consent.”). The decision to modify a scheduling order is within the

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STIPULATED MOTION AND ORDER DENYING – 1
2:24-cv-00546-JHC

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broad discretion of the district court. See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604,

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607 (9th Cir. 1992).

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B.

Good Cause Exists to Extend the Pretrial Deadlines

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Good cause exists for an extension of the deadline for disclosures. The current deadline

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for expert disclosures is March 31, 2025. The parties have been working together in good faith

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to set up a panel Independent Medical Examination for the Plaintiff to attend. Given that the

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Independent Medical Examination is a panel, it is necessary for the doctors’ schedules to align.

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There were a few scheduling conflicts regarding the same that arose over the last few months.

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However, the examination is now scheduled for April 9, 2025, at 10:30 AM. In light of the same,

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the parties propose that dates related to experts and discovery be extended by 60 days to ensure

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adequate time for the experts to draft their reports. However, the parties would like to preserve

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the current trial date. Accordingly, the parties respectfully request that the deadline for settlement

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conference be extended by 14 days so that no deadlines overlap. The parties do not seek to move

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pre-trial deadlines following the settlement conference.

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EVENT

CURRENT DATE

PROPOSED DATE

Deadline for Amended Pleadings

March 31, 2025

May 30, 2025

Disclosure of Expert Testimony

March 31, 2025

May 30, 2025

Discovery Motions

April 30, 2025

June 30, 2025

Discovery Completed by
Dispositive motions and Expert Witness
Motions

May 30, 2025

July 29, 2025

June 30, 2025

August 29, 2025

Deadline for Settlement Conference

August 28, 2025

September 11, 2025

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Motions in Limine

September 15, 2025

September 15, 2025

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Agreed Pretrial Order

October 6, 2025

October 6, 2025

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STIPULATED MOTION AND ORDER DENYING – 2
2:24-cv-00546-JHC

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Deposition Designations

October 8, 2025

October 8, 2025

Pretrial Conference
Trial Briefs, Proposed Findings of Fact
and Conclusions of Law

October 14, 2025

October 14, 2025

October 20, 2025

October 20, 2025

Bench Trial

October 27, 2025

October 27, 2025

DATED this 12th day of March 2025.

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BRAIN INJURY LAW OF SEATTLE, INC.

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/s/ Scott Blair
Scott Blair, WSBA #13428
Cody Branstetter, WSBA #57156
437 5th Avenue South, Suite 103
Edmonds, WA 98020
[e-mail]
[e-mail]
Counsel for Plaintiff Daniel Cortes Arias

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LETHER LAW GROUP

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/s/ Alex Goldman
Thomas Lether, WSBA #18089
Sam Colito, WSBA #42529
Alex Goldman, WSBA #61625
1848 Westlake Ave N., Suite 100
Seattle, WA 98109
P: 206-467-5444 / F: 206-467-5544
[e-mail]
[e-mail]
[e-mail]
Counsel for Travelers Casualty Insurance
Company of America

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STIPULATED MOTION AND ORDER DENYING – 3
2:24-cv-00546-JHC

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ORDER
The Court DENIES the motion because the proposal leaves insufficient time between

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the deadline for dispositive motions and expert witness motions and the trial date. The

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proposal poses the risks of (1) such motions being decided just before trial; and/or (2) the Court

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being unable to rule on all such motions before trial. The parties may file another motion to

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amend the case schedule. Given the extensions the parties seek, and the time that the Court

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needs, it may be advisable to seek a new trial date.

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DATED this 12th day of March, 2025.

_______________________________________
John H. Chun
United States District Judge

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STIPULATED MOTION AND ORDER DENYING – 4
2:24-cv-00546-JHC