Dods v. United States of America et al

Filing 24

ORDER granting Parties' 23 Stipulated Motion for Extension of Pretrial Deadlines. Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 4/7/2025. Signed by District Judge Tiffany M. Cartwright.(MW)

The Honorable Tiffany M. Cartwright

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UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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AMANDA DODS,
v.

Plaintiff,

UNITED STATES OF AMERICA and
UNITED STATES POSTAL SERVICE,
Defendants.

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Case No. 3:24-cv-05170-TMC
STIPULATED MOTION AND
ORDER FOR
EXTENSION OF PRETRIAL
DEADLINES
Noted for Consideration:
March 6, 2025

The parties hereby jointly STIPULATE AND AGREE to extend the following deadlines,

16 which were set forth in the Court’s August 22, 2024, Order Setting Bench Trial and Pretrial Dates
17 (Dkt. 16), as set forth below.
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Deadline
Disclosure of expert testimony under
FRCP 26(a)(2)

Current Deadline

Proposed New
Deadline

March 24, 2025

April 7, 2025

A court may modify a schedule for good cause. Fed. R. Civ. P. 16(b)(4). Continuing pretrial

22 and trial dates is within the discretion of the trial judge. King v. State of California, 784 F.2d 910,
23 912 (9th Cir. 1986). The parties submit that good cause exists for extending this specific deadline.
24 The parties have diligently worked to complete discovery in this case, including working with
STIPULATED MOTION AND ORDER
FOR EXTENSION OF PRETRIAL DEADLINES
[Case No. 3:24-cv-05170-TMC] - 1

UNITED STATES ATTORNEY
700 Stewart Street, Suite 5220
Seattle, Washington 98101-1271
206-553-7970

1 expert witnesses in anticipation of the March 24, 2025 expert witness disclosure deadline.
2 Defendant has engaged an expert witness who will perform a functional capacity exam of Plaintiff,
3 and the parties worked to set a date for the exam. Unfortunately, the only date that works for both
4 Plaintiff and the expert is March 20, 2025. The expert will need time to complete her report, which
5 will then be given to other experts engaged by Defendant. A two-week extension of this deadline
6 will allow Defendants’ experts to complete her report and to have that report reviewed by other
7 experts. A short, two-week delay will still leave time for the parties to complete discovery under
8 the current deadline so that the trial date can remain in place.
For the reasons set forth above, the parties believe that there is good cause to request an

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10 extension of the above-listed dates and respectfully request that the Court grant their motion.
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STIPULATED MOTION AND ORDER
FOR EXTENSION OF PRETRIAL DEADLINES
[Case No. 3:24-cv-05170-TMC] - 2

UNITED STATES ATTORNEY
700 Stewart Street, Suite 5220
Seattle, Washington 98101-1271
206-553-7970

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SO STIPULATED.

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DATED this 6th day of March, 2025.

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Respectfully submitted,

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TEAL LUTHY MILLER
Acting United States Attorney

MORGAN & KOONTZ, PLLC
s/ Mark E. Koontz
MARK E. KOONTZ, WSBA No. 26212
2501 N. Alder Street
Tacoma, WA 98406
Phone: [phone]
Fax: [phone]
Email: [e-mail]

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s/ Whitney Passmore
WHITNEY PASSMORE, FL No. 91922
JAMES C. STRONG, WSBA No. 59151
Assistant United States Attorneys
United States Attorney’s Office
Western District of Washington
700 Stewart Street, Suite 5220
Seattle, Washington 98101-1271
Phone: [phone]
Fax:
206-553-4073
Email: [e-mail]
[e-mail]

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Attorneys for United States of America

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I certify that this memorandum contains 277
words, in compliance with the Local Civil Rules.

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Attorney for Plaintiff

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STIPULATED MOTION AND ORDER
FOR EXTENSION OF PRETRIAL DEADLINES
[Case No. 3:24-cv-05170-TMC] - 3

UNITED STATES ATTORNEY
700 Stewart Street, Suite 5220
Seattle, Washington 98101-1271
206-553-7970

ORDER

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It is hereby ORDERED that the parties’ motion is GRANTED. The new pretrial deadline

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Deadline
Disclosure of expert testimony under FRCP 26(a)(2)

April 7, 2025

Dated this 10th day of March, 2025.

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Tiffany M. Cartwright
United States District Judge

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STIPULATED MOTION AND ORDER
FOR EXTENSION OF PRETRIAL DEADLINES
[Case No. 3:24-cv-05170-TMC] - 4

UNITED STATES ATTORNEY
700 Stewart Street, Suite 5220
Seattle, Washington 98101-1271
206-553-7970