McNearney v. Washington Department of Corrections et al

Filing 34

ORDER granting 32 Motion for Extension of Time to Complete Discovery signed by Magistrate Judge Karen L Strombom. Discovery completed by 7/20/2012, except as noted in order. ***See order for details. (MET)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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JILL MCNEARNEY,

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NO. C11-5930-RBL/KLS
Plaintiff,

v.

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WASHINGTON DEPARTMENT OF
CORRECTIONS and STEVEN
HAMMOND, M.D.

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ORDER EXTENDING
DISCOVERY CUTOFF FOR
DEPOSITIONS

Defendants.

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THIS MATTER having come regularly before the Court on the parties’ agreement to

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extend the discovery cutoff for depositions (ECF No. 32), the Court having reviewed the

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memoranda submitted by the parties and being otherwise fully advised does hereby find and

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ORDER:

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1.

Parties’ request to extend the discovery cutoff (ECF No. 32) is GRANTED.

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2.

All discovery shall be completed by July 20, 2012, except as follows:

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a.

The parties shall have 30 days from receipt of a foot and ankle

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specialist’s report and recommendation to complete the depositions of

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the following witnesses if the Court grants Plaintiff’s motion for a

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preliminary injunction and orders Defendants to send Plaintiff to a foot

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and ankle specialist at Harborview Medical Center for further evaluation

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and a treatment recommendation:

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Starkweather; Dr. James Dahl; Dr. Shawn Nixon; Plaintiff Jill

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McNearney; Defendant Dr. Steven Hammond; and any foot and ankle

ORDER EXTENDING DISCOVERY - 1

Ms. Megan Herdener; Dr. Roger

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specialist at Harborview Medical Center that examines and/or

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recommends treatment for Plaintiff; or

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b.

In the alternative, the parties shall have 30 days from receipt of the

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Court’s Order denying Plaintiff’s Motion for a Preliminary Injunction to

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complete the depositions of the witnesses listed in subpart (2)(a).

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3.

The Court has not yet set a deadline for the parties to disclose expert witnesses

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pursuant to Fed. R. Civ. P. 26(a)(2). The Court will set a deadline for these

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disclosures in a future scheduling order. The discovery completion deadlines

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set forth above do not apply to the depositions of expert witnesses disclosed

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under Fed. R. Civ. P. 26(a)(2).
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The Clerk of the Court is instructed to send uncertified copies of this Order to
counsel for Plaintiff and counsel for Defendants.

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DATED this 23rd day of July, 2012.

A

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Karen L. Strombom
United States Magistrate Judge

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Submitted by:
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ROBERT M. MCKENNA
Attorney General

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s/ Brian J. Considine
BRIAN J. CONSIDINE, WSBA #39517
Assistant Attorney General

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PUBLIC INTEREST LAW GROUP, PLLC

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s/ Hank Balson
HANK BALSON, WSBA #29250
Attorney for Plaintiff

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ORDER EXTENDING DISCOVERY - 2