Fennell v. Pacific Maritime Association et al
ORDER granting Plaintiff's 42 Motion to Extend Deadline for Joining Parties; Joinder of Parties deadline EXTENDED to 6/5/2017, by Judge Robert S. Lasnik. (SWT)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
ORDER GRANTING MOTION TO
EXTEND DEADLINE FOR JOINING
ASSOCIATION, et al.,
This matter comes before the court on plaintiff’s “Motion to Extend Deadline for
Joining Additional Parties.” Dkt. # 42. 1 Defendant Pacific Maritime Association
(“PMA”) has denied that it is plaintiff’s employer, asserting that it is “a multi-employer
collective-bargaining agent for its member companies, who employ ILWU-represented
longshore workers” such as plaintiff. Dkt. # 47 at 2. PMA declined to identify plaintiff’s
employer, however, so he has initiated discovery to seek that information in order to
pursue his Uniform Services Employment & Reemployment Rights Act (“USERRA”)
and Washington Law Against Discrimination (“WLAD”) claims. Plaintiff seeks an
extension until June 5, 2017, to receive responses from PMA and to identify his
Plaintiff’s request for alternative relief – that the International Longshore and Warehouse Union be added as a
defendant – has been granted.
ORDER - 1
PMA asserts that plaintiff has long been aware of the dispute regarding the
identity of his employer, that he has records in his possession sufficient to identify the
employer(s), and/or that plaintiff does not intend to add additional defendants even if the
employers were identified. The first argument is uncontested: the parties recognized that
there was a dispute and agreed in their Joint Status Report that June 5, 2017, was a
reasonable deadline for joining additional parties. Dkt. # 29 at 1. The second and third
arguments are unsupported.
In light of PMA’s refusal to identify plaintiff’s employers and the relevance of that
information to his USERRA and WLAD claims, an extension of time in which to conduct
discovery is appropriate. Plaintiff’s motion is GRANTED. The deadline for joining
parties is hereby extended to June 5, 2017.
Dated this 3rd day of April, 2017.
Robert S. Lasnik
United States District Judge
ORDER - 2
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