Opinion
2:23-cv-01624-LK-BAT
09-30-2024
DAVID D. BUTLER, Plaintiff, v. JAMES HANKEN, et al., Defendants.
Davis Wright Tremaine LLP, John Goldmark, Joby Celoza, pro hac vice Counsel for Plaintiff David D. Butler Johnna S. Craig, Assistant Attorney General Counsel for Defendants
Noted for Consideration: September 27, 2024
Davis Wright Tremaine LLP, John Goldmark, Joby Celoza, pro hac vice Counsel for Plaintiff David D. Butler
Johnna S. Craig, Assistant Attorney General Counsel for Defendants
The Honorable Lauren King, Judge.
STIPULATED MOTION AND ORDER EXTENDING CASE DEADLINES
BRIAN A. TSUCHIDA, United States Magistrate Judge.
STIPULATED MOTION
Pursuant to Local Civil Rules 7(d)(1) and 10(g), Plaintiff David Butler (“Plaintiff”) and Defendants James Hankin, Calvin Cogburn, and Dr. Steven Jewitt (“Defendants”) hereby stipulate and agree to the following proposed deadline extending the pre-trial dates in the abovecaptioned matter, subject to the Court's approval.
1. On April 23, 2024, the Court entered its Order Setting Trial Date and Pretrial Schedule. See Dkt. 29.
2. On July 17, 2024, Butler filed a separate lawsuit in this Court, captioned Butler v. Bowen et al., 2:24-cv-01071-KKE (“Bowen Lawsuit). The lawsuit raised new claims against new defendants. Undersigned counsel for Plaintiff did not participate in the preparation and filing of this lawsuit and was not aware of Butler's intention to file the additional lawsuit. Undersigned counsel for Defendants was not involved in the Bowen Lawsuit, or made aware of its filing.
3. On August 9, 2024, the Honorable Brian A. Tsuchida recommended that the Bowen Lawsuit be dismissed without prejudice, and any claims raised in the Bowen Lawsuit should be consolidated with the above-captioned matter. See 2:24-cv-01071-KKE, Dkt. 5.
4. On or around August 28, 2024, Butler informed undersigned Counsel of the Bowen Lawsuit. At that time, the deadline to file objections to Magistrate Judge Tsuchida's Report & Recommendation had passed.
5. On September 3, 2024, the Honorable Kymberly K. Evanson adopted Magistrate Judge Tsuchida's report and recommendation, and dismissed the Bowen Lawsuit without prejudice. See 2:24-cv-01071-KKE, Dkt. 6.
6. On September 11, 2024, Plaintiff's Counsel reached out to Counsel for the Defendants, explaining the Court's Order in the Bowen Lawsuit. Plaintiffs' Counsel requested a four-week extension to file an Amended Complaint, to provide both parties additional time to investigate the new claims sought to be consolidated with the above-captioned lawsuit.
7. Counsel for Defendants agreed and requested that all pre-trial deadlines be extended up to ninety days, and the current trial date be vacated, to provide both parties sufficient time to conduct a meaningful investigation into Plaintiff's additional claims.
8. On September 25, 2024, Butler confirmed that an extension was agreeable. In accordance with the above, the Parties thus stipulate and agree to the following amended case pre-trial case schedule (subject to Court approval):
Event
Current Date
Requested Date
Deadline for Amended pleadings.
September 30, 2024
November 1, 2024
Reports of expert witnesses under FRCP 26(a)(1) due
September 30, 2024
January 10, 2025
Reports of rebuttal expert witnesses under FRCP 26(a)(2) due
October 14, 2024
January 24, 2025
All motions related to discovery must be noted for consideration no later than
October 16, 2024
January 17, 2025
Discovery to be completed by
November 15, 2024
February 14, 2025
All dispositive motions and motions challenging expert witness testimony must be filed by this date (see LCR 7(d)). Such motions must be noted for consideration no later than 28 days thereafter (see LCR 7(d)).
December 9, 2024
March 7, 2025
Settlement conference, if mediation has been requested by the parties per LCR 39.1, held no later than
December 23, 2024
March 21, 2025
Mediation per LCR 39.1(c)(3) held no later than
January 20, 2025
April 4, 2025
All motions in limine must be filed by
February 10, 2025
TBD (pending trial date)
Proposed jury instructions and agreed LCR 16.1 Pretrial Order due, including exhibit list with completed authenticity, admissibility, and objection fields
February 17, 2025
TBD (pending trial date)
Trial briefs, proposed voir dire questions, and deposition designations due
February 17, 2025
TBD (pending trial date)
Pretrial conference scheduled at 10:00 am on
February 24, 2025
TBD (pending trial date)
9. Based on the foregoing, the parties respectfully request that the Court grant their stipulated motion and extend the case schedule accordingly. The parties separately request that the Court vacate the trial date set for March 3, 2025. Counsel will meet-and-confer to discuss potential dates to propose to the Court for setting a new trial date.
IT IS SO STIPULATED.
ORDER
The Court GRANTS the Parties' stipulated motion. The pretrial schedule is modified as follows:
Event
Current Date
New Date
Deadline for Amended pleadings.
September 30, 2024
November 1, 2024
Reports of expert witnesses under FRCP 26(a)(1) due
September 30, 2024
January 10, 2025
Reports of rebuttal expert witnesses under FRCP 26(a)(2) due
October 14, 2024
January 24, 2025
All motions related to discovery must be noted for consideration no later than
October 16, 2024
January 17, 2025
Discovery to be completed by
November 15, 2024
February 14, 2025
All dispositive motions and motions challenging expert witness testimony must be filed by this date (see LCR 7(d)). Such motions must be noted for consideration no later than 28 days thereafter (see LCR 7(d)).
December 9, 2024
March 7, 2025
Settlement conference, if mediation has been requested by the parties per LCR 39.1, held no later than
December 23, 2024
March 21, 2025
Mediation per LCR 39.1(c)(3) held no later than
January 20, 2025
April 4, 2025
All motions in limine must be filed by
February 10, 2025
TBD (pending trial date)
Proposed jury instructions and agreed LCR 16.1 Pretrial Order due, including exhibit list with completed authenticity, admissibility, and objection fields
February 17, 2025
TBD (pending trial date)
Trial briefs, proposed voir dire questions, and deposition designations due
February 17, 2025
TBD (pending trial date)
Pretrial conference scheduled at 10:00 am on
February 24, 2025
TBD (pending trial date)
IT IS SO ORDERED.