Perez v. AAA Buffet Inc. et al

Filing 59

ORDER granting 58 Stipulated Motion Moving Pretrial Deadlines; signed by Judge Ronald B. Leighton.(DN)

Hon. Ronald B. Leighton

1
2
3
4
5
6
7
8
9
10
11
12
13
14

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA
R. ALEXANDER ACOSTA, SECRETARY OF
LABOR, UNITED STATES DEPARTMENT OF Case No. 16-05360
LABOR,
the Secretary,
STIPULATED MOTION AND ORDER
v.
MOVING PRETRIAL DEADLINES
AAA BUFFET, INC., a corporation d/b/a AAA
BUFFET; AAA KING BUFFET, INC. d/b/a
AAA BUFFET a corporation; XING SHI
YONG, an individual; YOU ZHU TENG, an
individual; XING SHI LU, an individual; and
HAI YAN LIN, an individual,
Defendants

15
By this Court’s order (Dkt. 34, filed 12/07/2016), and Local Rules (“LR”) 16 and 51, the
16

parties are required to make certain pretrial exchanges and filings by January 16, 2018.

17

However, the parties have scheduled a settlement conference, per LR 39.1(c)(3), for January 16,

18

2018, before the Honorable Richard Creatura. Dkt. 56. In an effort to conserve resources, the

19

parties move the Court to reset certain deadlines established by the rules and the Court’s order.

20
21

For those deadlines set by LR 16, “[t]he court may, by order in a specific case, modify or
forego any of the procedures or deadlines set forth in this rule.” LR 16(m)(2). For other aspects of

the scheduling order, the dates “may be modified only for good cause and with the judge’s
22
23

consent.” Fed. R. Civ. P. 16(b)(4). “Rule 16(b)’s ‘good cause’ standard primarily considers the
diligence of the party seeking the amendment.” Johnson v. Mammoth Recreations, Inc., 975

24
STIPULATED MOTION AND ORDER MOVING
PRETRIAL DEADLINES (No. 16-05360) – Page 1 of 3

U.S. Department of Labor, Office of the Solicitor
300 Fifth Ave., Suite 1120, Seattle, WA 98104
Phone: [phone]; Fax: [phone]

1

F.2d 604, 609 (9th Cir. 1992).

2

Here, the parties have worked diligently with Judge Creatura’s staff to select a mutually

3

agreeable date for mediation. The earliest time that all parties were available (including counsel

4

and party representatives with the authority to resolve the matter) was January 16, 2018. This

5

date is after the deadline for the Secretary to serve his pretrial statement on Defendants, and on
the same day as several other deadlines including the motion in limine deadline. As it may

6
conserve the parties’ and the Court’s resources to permit the parties to focus on mediation, the
7

parties propose the following modifications:

8
9
10
11
12
13

LR, action
16(h), the Secretary’s pretrial statement
served on Defendants
51(e), parties exchange proposed jury
instructions
Dkt. 34, motions in limine filed
16(i), Defendants’ pretrial statement
served on the Secretary
16(k), conference of attorneys

Current Deadline
1/8/2018

New Deadline
1/22/18

1/16/18

1/22/18

1/16/18
1/16/18

1/25/18
1/25/18

1/26/18

1/30/18

14
The parties agree that motions in limine will still be noted for Friday, February 2, 2018,
15
in accordance with LR 7(d)(4).
16
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
17
///
18
///
19
///
20
///
21
///
22
///
23
///
24
STIPULATED MOTION AND ORDER MOVING
PRETRIAL DEADLINES (No. 16-05360) – Page 2 of 3

U.S. Department of Labor, Office of the Solicitor
300 Fifth Ave., Suite 1120, Seattle, WA 98104
Phone: [phone]; Fax: [phone]

1

Dated this 20th day of December, 2017.

2

NICHOLAS C. GEALE
Acting Solicitor of Labor

DOUGLAS GILL JR. & ASSOCIATES,
PLLC

JANET M. HEROLD
Regional Solicitor

By: s/Douglas Gill, Jr.
DOUGLAS GILL, JR.
207 Broadway #500
Tacoma, WA 98402
Telephone: [phone]
Fax: [phone]
Email: [e-mail]

3
4
5

BRUCE L. BROWN
Associate Regional Solicitor

6
7
8
9
10
11
12

JOSHUA P. FALK
Senior Trial Attorney
By: s/Jeremiah Miller
JEREMIAH MILLER
Senior Trial Attorney
U.S. Department of Labor
300 Fifth Ave, Suite 1120
Seattle, WA 98104
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Plaintiff Secretary of Labor

Attorney for Defendants AAA Buffet, Inc.
et.al

13
14
15
16

PURSUANT TO STIPULATION, IT IS SO ORDERED.
DATED this 21st day of December, 2017.

17

A

18

Ronald B. Leighton
United States District Judge

19
20
21
22
23
24
STIPULATED MOTION AND ORDER MOVING
PRETRIAL DEADLINES (No. 16-05360) – Page 3 of 3

U.S. Department of Labor, Office of the Solicitor
300 Fifth Ave., Suite 1120, Seattle, WA 98104
Phone: [phone]; Fax: [phone]