Balvage et al v. Ryderwood Improvement and Service Association, Inc.

Filing 174

STIPULATION AND ORDER Re Extension of Trial Date and Case Schedule. Signed by Judge Benjamin H. Settle. (MGC)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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RAYMOND T. BALVAGE and
DEBORAH A. BALVAGE, husband and
wife; et al.,

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Plaintiffs,

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RYDERWOOD IMPROVEMENT AND
SERVICE ASSOCIATION, INC., a
Washington non-profit corporation,
Defendant.
The parties in this lawsuit hereby stipulate and agree:

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STIPULATION AND ORDER RE
EXTENSION OF TRIAL DATE AND
CASE SCHEDULE

v.

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Case No. 3:09-cv-05409-BHS

STIPULATION
1.

The parties agree that good cause exists for the Court to extend the trial date in

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this lawsuit, which is presently scheduled for May 21, 2013. After Plaintiffs filed their Third

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Amended Complaint on November 2, 2012, in which Plaintiffs brought additional personal

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claims of the 47 named plaintiffs, extensive additional discovery is needed relating to each of

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the 47 plaintiffs. The parties are not in position to be able to make the disclosures, complete

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discovery, and otherwise meet the present case schedule deadlines or to be ready for trial by the

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presently scheduled trial date.

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2.

Additionally, due in part to the possible need to call as witnesses most or all of

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the 47 named plaintiffs, the parties request the Court reserve 20 days for trial (as opposed to the

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10 days presently reserved).

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3.

With respect to a requested new trial date, counsel for defendant has previously

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scheduled trial dates which conflict with possible dates for a new trial date in this case, which

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include other trial dates of August 21, 2013 and beginning the second week of September 2013.

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Thus, the parties request the Court set a new trial date in this case alternatively as follows:

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STIPULATION AND ORDER RE EXTENSION OF TRIAL
DATE AND CASE SCHEDULE - 1
Case No. 3:09-cv-05409-BHS

LANE POWELL PC
1420 FIFTH AVENUE, SUITE 4100
SEATTLE, WASHINGTON 98101-2338
206.223.7000 FAX: [phone]

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(a) a new trial date of July 22, 2013, if such date is available for the Court and if

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four weeks is available for reservation of trial time; or

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(b) a new trial date beginning October 7, 2013 or as soon thereafter depending

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on the Court’s availability.

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4.

The parties also request the Court issue or the Court directs the Court Clerk to

issue a new case schedule consistent with the new trial date.
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Thus, the parties agree the Court may enter an order setting a new trial date as

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chosen by the Court with the above timing requests in mind, and setting (or directing the Court

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Clerk to set) a new case schedule consistent with the timing of the new trial date.

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DATED this 12th day of November, 2012.

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LANE POWELL PC

[per email approval]

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BETTS PATTERSON & MINES PS

By s/ Joseph E. Lynam
Joseph E. Lynam, WSBA No. 12728
Attorneys for Plaintiffs (other than Bob
White and Diane White, husband and wife)
Lane Powell PC
1420 Fifth Ave., Ste. 4100
Seattle, WA 98101-2338
T: 206-223-7000
F: 206-223-7107
Email: [e-mail]

By s/ Steven Goldstein
Steven Goldstein, WSBA No. 11042
Attorneys for Defendant
Betts Patterson & Mines PS
701 Pike St., Ste. 1400
Seattle, WA 98101
T: 206-292-9988
F: 206-343-7053
Email: [e-mail]

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[per email approval]
By s/ Bob White and Diane White
Bob White and Diane White, husband and
wife
Plaintiffs, appearing pro se

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STIPULATION AND ORDER RE EXTENSION OF TRIAL
DATE AND CASE SCHEDULE - 2
Case No. 3:09-cv-05409-BHS

LANE POWELL PC
1420 FIFTH AVENUE, SUITE 4100
SEATTLE, WASHINGTON 98101-2338
206.223.7000 FAX: [phone]

ORDER

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BASED on the above Stipulation, IT IS HEREBY

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ORDERED that the trial date in this case is extended to October 8, 2013, and

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ORDERED that the Court Clerk is directed to issue a new case schedule consistent with

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the new trial date.
DATED this 14th day of November, 2012.

A

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BENJAMIN H. SETTLE
United States District Judge

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Presented by:
LANE POWELL PC
By s/ Joseph E. Lynam
Joseph E. Lynam, WSBA No. 12728
Lane Powell PC
1420 Fifth Ave., Ste. 4100
Seattle, WA 98101-2338
T: 206-223-7000/F: 206-223-7107
Email: [e-mail]
Attorneys for Plaintiffs

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Copy Received; Approved for Entry;
and Notice of Presentation Waived:

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BETTS PATTERSON & MINES PS
[per email approval]
By s/ Steven Goldstein
Steven Goldstein, WSBA No. 11042
Betts Patterson & Mines PS
701 Pike St., Ste. 1400
Seattle, WA 98101
T: 206-292-9988
F: 206-343-7053
Email: [e-mail]
Attorneys for Defendant

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[per email approval]

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By s/ Bob White and Diane White
Bob White and Diane White, husband and wife
Plaintiffs, appearing pro se

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STIPULATION AND ORDER RE EXTENSION OF TRIAL
DATE AND CASE SCHEDULE - 3
Case No. 3:09-cv-05409-BHS

LANE POWELL PC
1420 FIFTH AVENUE, SUITE 4100
SEATTLE, WASHINGTON 98101-2338
206.223.7000 FAX: [phone]