Witt v. Department of the Air Force et al

Filing 61

Agreed MOTION to Amend 54 Minute Order Setting Trial, Pretrial Dates and Ordering Mediation,,,,by Defendants Department of the Air Force, Donald H Rumsfeld, Michael W Wynne, Mary L Walker. (Attachments: # 1 Proposed Order) Noting Date 2/12/2010, (Phipps, Peter)

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Witt v. Department of the Air Force et al Doc. 61 Case 3:06-cv-05195-RBL Document 61 Filed 02/12/2010 Page 1 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Judge Ronald B. Leighton UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA MAJOR MARGARET WITT, Plaintiff, v. UNITED STATES DEPARTMENT OF THE AIR FORCE, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. C06-5195 RBL DEFENDANTS' CONSENT MOTION TO AMEND THE PRETRIAL SCHEDULING ORDER OF SEPTEMBER 2, 2009 (Note Defendants' Motion on the Motion Calendar for February 12, 2010) 16 17 18 19 20 21 22 23 24 25 26 27 28 Defendants hereby move to amend the pretrial scheduling order of September 2, 2009, because defense counsel's family is expecting a (second) child in April 2010, and defense counsel plans on taking six weeks of paternity leave. Defendants bring this motion now to minimize the inconvenience that a schedule adjustment may cause to plaintiff or the Court. The proposed schedule adjustment, which plaintiff has agreed to, moves back all deadlines by approximately 90 days. That time period, while longer than the six weeks that defense counsel intends to be on leave, accounts for the possibilities of either an early arrival or a late arrival, and for that reason, should require only one schedule adjustment for this event. In addition, the parties have agreed to a six-week `black-out' period during which no discovery will take place and during which only emergency motions will be filed. That so-called `black-out' ( C 0 6 -5 1 9 5 -R B L ) DEFENDANTS' CONSENT MOTION TO AMEND THE PRETRIAL SCHEDULING ORDER O F SEPTEMBER 2, 2009 - 1 UNITED STATES DEPARTMENT OF JUSTICE CIVIL DIVISION, FEDERAL PROGRAMS BRANCH P.O. BOX 883, BEN FRANKLIN STATION WASHINGTON, D.C. 20044 (202) 616-8482 Dockets.Justia.com Case 3:06-cv-05195-RBL Document 61 Filed 02/12/2010 Page 2 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 period will begin upon notice of the birth of defense counsel's child. Other unforeseen events in deposition scheduling also counsel in favor of this proposed schedule adjustment. Specifically, there was a two-week postponement to account for McChord Air Force Base's involvement in Haitian relief efforts, and then another postponement for two weeks due to the record-breaking blizzard conditions on the East Coast that prevented air travel. The proposed revised schedule is as follows: Event 6!7 DAYS Non!Jury TRIAL set for 09:30 AM Disclosure of expert testimony under FRCP 26(a)(2) due All motions related to discovery must be FILED by Discovery COMPLETED by All dispositive motions must be FILED by Settlement conference per CR 39.1(c)(2) HELD no later than Mediation per CR 39.1(c)(3) HELD no later than Letter of compliance as to CR 39.1 FILED by Motions in limine must be FILED by Agreed pretrial order OR, if counsel has agreed to dispense with the pretrial order, Witness and Exhibit Lists are due Pretrial conference will be HELD at 08:30 AM on Trial Briefs and Proposed Findings of Fact and Conclusions of Law shall be filed by Current Date 9/13/2010 3/17/2010 4/26/2010 5/17/2010 6/15/2010 7/15/2010 8/16/2010 8/23/2010 8/16/2010 8/27/2010 9/2/2010 8/31/2010 Proposed Date 1/24/2011 6/16/2010 7/26/2010 8/16/2010 9/14/2010 10/15/2010 11/15/2010 11/23/2010 11/15/2010 11/29/2010 12/4/2010 12/2/2010 Finally, during his absence, defense counsel will seek to ensure that another attorney will be available to attend to any urgent matters regarding this case. Dated: February 12, 2010 Respectfully submitted, TONY WEST Assistant Attorney General VINCENT M. GARVEY Deputy Branch Director ( C 0 6 -5 1 9 5 -R B L ) DEFENDANTS' CONSENT MOTION TO AMEND THE PRETRIAL SCHEDULING ORDER O F SEPTEMBER 2, 2009 - 2 UNITED STATES DEPARTMENT OF JUSTICE CIVIL DIVISION, FEDERAL PROGRAMS BRANCH P.O. BOX 883, BEN FRANKLIN STATION WASHINGTON, D.C. 20044 (202) 616-8482 Case 3:06-cv-05195-RBL Document 61 Filed 02/12/2010 Page 3 of 4 1 2 3 4 5 6 7 8 9 10 Of Counsel: LT. COL. TODI CARNES 1777 N. Kent Street, Suite 11400 Rosslyn, VA 22209-2133 (703) 558-8428 /s/ Peter J. Phipps PETER J. PHIPPS Senior Counsel United States Department of Justice Civil Division, Federal Programs Branch Tel: (202) 616-8482 Fax: (202) 616-8470 E-mail: peter.phipps@usdoj.gov Mailing Address: Post Office Box 883, Ben Franklin Station Washington, D.C. 20044 Courier Address: 20 Massachusetts Ave., N.W. Washington, D.C. 20001 Attorneys for Defendants 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ( C 0 6 -5 1 9 5 -R B L ) DEFENDANTS' CONSENT MOTION TO AMEND THE PRETRIAL SCHEDULING ORDER O F SEPTEMBER 2, 2009 - 3 UNITED STATES DEPARTMENT OF JUSTICE CIVIL DIVISION, FEDERAL PROGRAMS BRANCH P.O. BOX 883, BEN FRANKLIN STATION WASHINGTON, D.C. 20044 (202) 616-8482 Case 3:06-cv-05195-RBL Document 61 Filed 02/12/2010 Page 4 of 4 1 2 3 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT TACOMA CERTIFICATE OF SERVICE 4 I hereby certify that on February 12, 2010, I electronically filed the foregoing Defendants' 5 Consent Motion to Amend the Pretrial Scheduling Order of September 2, 2009, with the Clerk of 6 the Court using the CM/ECF system which will send notification of such filing to the following 7 person: 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DEPARTMENT OF JUSTICE CIVIL DIVISION, FEDERAL PROGRAMS BRANCH P.O. BOX 883, BEN FRANKLIN STATION WASHINGTON, D.C. 20044 (202) 616-8482 James E. Lobsenz Carney Badley Spellman, P.S. 701 Fifth Avenue, Suite 3600 Seattle, WA 98104 Tel: (206) 622-8020 Fax: (206) 622-8983 E-mail: lobsenz@carneylaw.com Sarah A. Dunne American Civil Liberties Union of Washington 705 Second Avenue, Suite 300 Seattle, WA 98104 Tel: (206) 624-2184 E-mail: dunne@aclu-wa.org /s/ Peter J. Phipps PETER J. PHIPPS United States Department of Justice Civil Division, Federal Programs Branch P.O. Box 883, Ben Franklin Station Washington, DC 20044 Tel: (202) 616-8482 Fax: (202) 616-8470 E-mail: peter.phipps@usdoj.gov Attorney for Defendants

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