Molinari v. Lowe's Home Centers LLC

Filing 28

ORDER granting 27 Stipulated Motion to Extend Discovery Cutoff: Discovery completed by 3/13/2017, Dispositive motions due by 3/28/2017, signed by Judge Ronald B. Leighton.(DN)

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THE HONORABLE RONALD B. LEIGHTON

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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ANNE MOLINARI,
No. 3:15-cv-05295-RBL
Plaintiff,

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STIPULATED MOTION AND ORDER
TO EXTEND DISCOVERY CUTOFF
AND OTHER DEADLINES

v.
LOWE'S HOME CENTERS, LLC d/b/a LOWE'S
HOME IMPROVEMENT, a Washington
Corporation,
Defendant.

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STIPULATED MOTION AND ORDER TO EXTEND DISCOVERY
CUTOFF AND OTHER DEADLINES
(Cause No. 3:15-cv-05295-RBL)
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THE BLANKENSHIP LAW FIRM, P.S.
1000 Second Avenue, Suite 3250
Seattle, Washington 98104
[phone]

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1.

Pursuant to FRCP 16, Plaintiff Anne Molinari and Defendant Lowe’s Home

Centers, LLC, (collectively, “the Parties”), respectfully request that the Court modify the
current case schedule to extend the discovery cutoff by one month and the dispositive motions
deadline by two weeks. The parties have conferred and believe they have good cause to extend
these deadlines.

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A.
2.

STATEMENT OF FACTS

Plaintiff filed her Complaint for Damages on May 5, 2015. The current trial date

is June 12, 2017 and the current discovery cutoff is February 13, 2017.
3.

The parties have exchanged written discovery, and engaged in meet and confer

discussions regarding the written discovery. The parties have cooperatively worked together to
complete written discovery without the need for discovery motions. After exchanging written
discovery, the Parties met and conferred regarding a plan to mediate this case prior to
completing depositions, thereby avoiding substantial fees and costs. The Parties plan to
mediate this case in February 2017 and thus require additional time to complete depositions
beyond the February 13 discovery cutoff, should the mediation fail.
4.

On January 26, 2017, the Parties held a phone conference with James Seely, law

clerk to the Honorable Judge Leighton, to discuss extension of these deadlines. Mr. Seely
informed the Parties that the Court was likely to modify the scheduling deadlines based on the
Parties’ agreement, where the Parties are not seeking to move the trial date. He permitted the
Parties to note this discussion in this motion.
5.

Extending the discovery cutoff by one month for the limited purpose of

completing depositions, and the dispositive motions deadline by two weeks will permit the
Parties to engage in mediation, while still having sufficient time to complete depositions,
should they fail to settle the case.

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STIPULATED MOTION AND ORDER TO EXTEND DISCOVERY
CUTOFF AND OTHER DEADLINES
(Cause No. 3:15-cv-05295-RBL)
Page 1

THE BLANKENSHIP LAW FIRM, P.S.
1000 Second Avenue, Suite 3250
Seattle, Washington 98104
[phone]

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6.

The Parties, through their counsel, thus jointly represent that they have “good

cause” to extend these deadlines and request an order from this Court modifying the current
case schedule. FRCP 16(b).
7.

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Extension of these deadlines would modify the case schedule as follows:
a.

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The discovery cutoff would be moved from February 13, 2017 to March
13, 2017 for the limited purpose of completing depositions. The parties

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anticipate that they should be able to complete all other discovery by the

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Court’s current cut-off of February 13, 2017.

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b.

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The deadline for filing dispositive motions would be moved from March
14, 2017 to March 28, 2017.

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B.

EVIDENCE RELIED UPON

The Parties rely upon this Motion and the pleadings, files and records in this
proceeding.
C.

AUTHORITY AND ARGUMENT

This Motion is based upon the Federal Rules of Civil Procedure, corresponding case
law, and the Court’s power to control its calendar. Orders entered before the final pretrial
conference may be modified upon a showing of “good cause.” Johnson v. Mammoth
Recreations, Inc., 975 F.2d 604, 608 (9th Cir. 1992) (citing Fed.R.Civ.P. 16(b)). Here, “good
cause” exists for modifying the current scheduling deadlines. As discussed in the Statement of
Facts, the Parties jointly seek modification of the scheduling order, in order to allow time for
settlement negotiations prior to completing depositions.
D.

CONCLUSION

For the above-stated reasons, the Parties respectfully request that the Court grant their
Stipulated Motion and request a revised case scheduling order extending the discovery cutoff
and dispositive motions deadline as described above.

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STIPULATED MOTION AND ORDER TO EXTEND DISCOVERY
CUTOFF AND OTHER DEADLINES
(Cause No. 3:15-cv-05295-RBL)
Page 2

THE BLANKENSHIP LAW FIRM, P.S.
1000 Second Avenue, Suite 3250
Seattle, Washington 98104
[phone]

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STIPULATED to this 26th day of January, 2017.

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Attorneys for Lowe's Home Centers, LLC:

Attorneys for Anne Molinari:

By: s/ Susan S. Joo
M. Brett Burns, Admitted Pro Hac Vice
Susan S. Joo, Admitted Pro Hac Vice
Hunton & Williams LLP
575 Market Street, Suite 3700
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

By: s/ Scott C. G. Blankenship
Scott C.G. Blankenship, WSBA #21431
Robin J. Shishido, WSBA #45926
1000 Second Avenue, Suite 3250
Seattle, WA 98104
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]

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By: s/ Boris Gaviria
Boris Gaviria, WSBA #31251
Davis Wright Tremaine LLP
777 - 108th Avenue NE, Suite 2300
Bellevue, WA 98004
Tel: [phone]
Fax: [phone]
[e-mail]

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
DATED this 27th day of January, 2017.

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A

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Ronald B. Leighton
United States District Judge

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STIPULATED MOTION AND ORDER TO EXTEND DISCOVERY
CUTOFF AND OTHER DEADLINES
(Cause No. 3:15-cv-05295-RBL)
Page 3

THE BLANKENSHIP LAW FIRM, P.S.
1000 Second Avenue, Suite 3250
Seattle, Washington 98104
[phone]