Opinion
22-cv-591
09-12-2023
INCIDENT CATERING SERVICES LLC, a Washington limited liability company, Plaintiff, v. KENNETH ERROL NANCE, an individual, Defendant. KENNETH ERROL NANCE, Counterclaim Plaintiff, v. INCIDENT CATERING SERVICES LLC, doing business as ELLIPSE GLOBAL, a Washington limited liability company, MIKE HOLM, individually and on behalf of his domestic community with Jane Doe Holm, and RAQUEL LACKEY, individually and on behalf of her domestic community with John Doe Lackey, Counterclaim Defendants.
ORDER GRANTING THE PARTIES' STIPULATED MOTION TO EXTEND TRIAL AND RELATED DATES
Jamal N. Whitehead United States District Judge
This matter comes before the Court on the parties' stipulated motion to extend the trial and related dates. Dkt. No. 56. The parties assert good cause exists to continue the case schedule because Defendant Kenneth Nance's new attorneys require additional time to conduct discovery. Nance's new counsel, Wright Noel and Patrick Moore of Carson & Noel PLLC, appeared on August 21, 2023, and Nance's prior counsel withdrew the next day. Dkt. Nos. 53, 54.
Under Fed.R.Civ.P. 16(b)(4), a scheduling order “may be modified only for good cause and with the judge's consent.” Good cause exists if the pretrial schedule “cannot reasonably be met despite the diligence of the party seeking the extension.” Fed.R.Civ.P. 16(b) advisory committee's note to 1983 amendment. Although a “[m]ere failure to complete discovery within the time allowed does not constitute good cause,” the parties in this case were delayed in their efforts given the disruption in Nance's representation. See LCR 16(b)(6).
Accordingly, the Court finds good cause to modify the case schedule and GRANTS the parties' stipulated motion to extend trial and related dates as set forth below:
EVENT
DATE
JURY TRIAL begins
May 20, 2024
All motions related to discovery must be filed by (see LCR 7(d))
November 22, 2023
Discovery completed by
December 22, 2023
All dispositive motions and motions challenging expert witness testimony must be filed by (see LCR 7(d))
January 21, 2024
Settlement conference under LCR 39.1, if requested by the parties, held no later than
March 21, 2024
All motions in limine must be filed by (see LCR 7(d))
April 10, 2024
Deposition Designations must be submitted to the Court by (see LCR 32(e))
April 29, 2024
Agreed pretrial order due
April 29, 2024
Trial briefs, proposed voir dire questions, and proposed jury instructions must be filed by
May 6, 2024
Pretrial conference
May 13, 2024