Witt v. Department of the Air Force et al

Filing 76

ORDER granting 75 Stipulated Motion Re Discovery Deadlines: Motions due by 5/17/2010, Discovery completed by 6/7/2010, signed by Judge Ronald B. Leighton.(DN)

Witt v. Department of the Air Force et al

Doc. 76

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Stipul and Order to Am Deadline re Disc Dates
No. C06-5195 1

Honorable Ronald B. Leighton UNITED STATES DISTRICT COURT WESTERN WASHINGTON AT TACOMA DIVISION MAJOR MARGARET WITT, Plaintiff, v. UNITED STATES DEPARTMENT OF THE AIR FORCE; ET AL., Defendants. No. C06-5195 RBL STIPULATION AND ORDER TO AMEND DEADLINES IN MINUTE ORDER REGARDING DISCOVERY DATES NOTE ON MOTION CALENDAR: APRIL 16, 2010

I.

STIPULATION

The parties to this action, by and through their respective attorneys of record, hereby stipulate and agree that the deadline for all motions related to discovery and the deadline for the completion of discovery be extended by three weeks to May 17, 2010 and June 7, 2010, respectively. Currently, the deadline for discovery motions is April 26, 2010, and the discovery cutoff is May 17, 2010. See September 2, 2009 Minute Order Setting Trial, Pretrial Dates and Ordering Mediation at 1. Relief from these two deadlines is needed because Plaintiff states that James Lobsenz, lead counsel for Plaintiff, has a one to two-week criminal trial in state court involving a Class A felony starting on May 3. It is extremely unlikely that this case will plead out because this trial is a re-trial after appeal and the parties have engaged in good faith negotiations without any
AMERICAN CIVIL LIBERTIES UNION OF WASHINGTON FOUNDATION 705 Second Avenue, Suite 300 Seattle, Washington 98104-1799 [phone] Dockets.Justia.com

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success. As a result, Mr. Lobsenz will not be able to take or defend any depositions or draft discovery responses during the next four weeks in the Witt case while he prepares and participates in the upcoming criminal trial. While the parties have made significance progress in discovery, the parties still have multiple expert depositions and a party deposition to conduct and have several discovery requests to answer. The parties' agreement only addresses amending the two discovery deadlines by three weeks. The parties do not seek to amend any other dates in the scheduling order. In particular, the proposed new dates for discovery occur before the deadline for dispositive motions and will not interfere with Court's schedule for summary judgment briefing. Respectfully submitted, DATED this 16 day of April, 2010. AMERICAN CIVIL LIBERTIES UNION OF WASHINGTON FOUNDATION By: _/s/ Sarah A. Dunne______________ Sarah A. Dunne, WSBA #34869 Sher S. Kung, WSBA #42077 705 Second Avenue, Suite 300 Seattle, WA 98104 Tel: [phone]
[e-mail] [e-mail]

DATED this 16 day of April, 2010. U.S. DEPARTMENT OF JUSTICE By: _/s/ Bryan R. Diederich_____________ PETER J. PHIPPS BRYAN R. DIEDERICH STEPHEN J. BUCKINGHAM United States Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Ave., N.W. Washington, D.C. 20001 Tel: [phone] Fax: [phone]
[e-mail] [e-mail] [e-mail]

CARNEY BADLEY SPELLMAN James Lobsenz, WSBA #8787 701 5th Ave Ste 3600 Seattle, WA 98104-7010 Tel. [phone]
[e-mail]

Attorneys for Defendants

Attorneys for Plaintiff
AMERICAN CIVIL LIBERTIES UNION OF WASHINGTON FOUNDATION 705 Second Avenue, Suite 300 Seattle, Washington 98104-1799 [phone]

Stipul and Order to Am Deadline re Disc Dates
No. C06-5195 2

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No. C06-5195 3

II.

ORDER

Based on the foregoing stipulation and good cause shown, IT IS HEREBY ORDERED that the September 9, 2009 Minute Order Setting Trial, Pretrial Dates and Ordering Mediation is AMENDED so that all motions related to discovery must be filed by May 17, 2010, and discovery must be completed by June 7, 2010. IT IS SO ORDERED. Dated this 19th day of April, 2010.

A
RONALD B. LEIGHTON UNITED STATES DISTRICT JUDGE Presented by: DATED this 16 day of April, 2010. ACLU OF WASHINGTON FOUNDATION By: _/s/ Sarah A. Dunne______________ Sarah A. Dunne, WSBA #34869 Sher S. Kung, WSBA #42077 705 Second Avenue, Suite 300 Seattle, WA 98104 Tel: [phone]
[e-mail] [e-mail]

DATED this 16 day of April, 2010. U.S. DEPARTMENT OF JUSTICE By: _/s/ Bryan R. Diederich_____________ PETER J. PHIPPS STEPHEN J. BUCKINGHAM BRYAN R. DIEDERICH United States Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Ave., N.W. Washington, D.C. 20001 Tel: [phone] Fax: [phone]
[e-mail] [e-mail] [e-mail]

CARNEY BADLEY SPELLMAN James Lobsenz, WSBA#8787 701 5th Ave Ste 3600 Seattle, WA 98104-7010 Tel. [phone]
[e-mail]

Attorneys for Defendants Attorneys for Plaintiff
AMERICAN CIVIL LIBERTIES UNION OF WASHINGTON FOUNDATION 705 Second Avenue, Suite 300 Seattle, Washington 98104-1799 [phone]