Opinion
2:22-cv-00045-JHC
12-27-2023
JOSEPH EDGELL, Plaintiff, v. MICHAEL REGAN, ADMINISTRATOR OF THE U.S. ENVIRONMENTAL PROTECTION AGENCY, Defendant.
NOLAN LIM LAW FIRM, P.S. NOLAM LIM, WSBA #36830 TESSA GORMAN Acting United States Attorney JAMES C. STRONG, WSBA #59151 NICKOLAS BOHL, WSBA #48978 Assistant United States Attorneys United States Attorney's Office Counsel for Defendant
Noted For Consideration: December 20, 2023
NOLAN LIM LAW FIRM, P.S.
NOLAM LIM, WSBA #36830
TESSA GORMAN
Acting United States Attorney
JAMES C. STRONG, WSBA #59151
NICKOLAS BOHL, WSBA #48978
Assistant United States Attorneys
United States Attorney's Office
Counsel for Defendant
STIPULATED MOTION AND ORDER FOR EXTENSION OF TIME
JOHN H. CHUN, UNITED STATES DISTRICT JUDGE
The parties make the following stipulation and move to extend the remaining trial dates for 30 days to allow for meaningful settlement discussions, subject to the Court's approval.
In light of the Court's recent order on summary judgment (Dkt. 66), the parties have been engaged in meaningful settlement discussions. Through those discussions, the parties have reached an agreement that a formal mediation may be productive in reaching a resolution. To that end, the parties are attempting to schedule a mediation in January 2024 and will update the Court if and when that is finalized. In order to allow the parties to focus on that effort and to prevent Plaintiff from having to incur further fees or costs in preparing for trial, the parties have stipulated to and hereby request a 30-day extension of the remaining trial dates. A court may modify a deadline for good cause. Fed.R.Civ.P. 16(b). Continuing pretrial and trial dates is within the discretion of the trial judge. See King v. State of California, 784 F.2d 910, 912 (9th Cir. 1986).
Defendant is not opposed to maintaining the January 2, 2024, pretrial conference as a status conference should the Court wish the parties to appear. Defendant also believes that the Court's order on the pending motions in limine will provide additional clarity regarding the scope of issues at trial and such clarity will help the mediation be more successful. Plaintiff would prefer to stay any additional conferences and rulings pending the outcome of mediation to avoid additional costs.
The parties submit that the above facts provide good cause for a brief extension of the trial deadlines. Allowing the parties to participate in meaningful resolution efforts, including before a mediator, will save the Court and the parties significant time and resources.
As such, counsel have conferred and jointly request that the below dates be extended, subject to the Court's availability:
Deadline
Current Date
Extended Date
JURY TRIAL DATE
January 16, 2024
February 19, 2024
Agreed pretrial order due
December 26, 2023
January 25, 2024
Deposition Designation must be submitted to the court (not filed on CM/ECF) by: (see LCR 32(e))
December 28, 2023
January 29, 2024
Pretrial conference to be held at 01:30pm on
January 2, 2024
February 1, 2024
Trial briefs, proposed voir dire, jury instructions by Motions raised in trial briefs will not be considered.
January 9, 2024
February 8, 2024
I certify that this memorandum contains 398 words in compliance with the Local Rules.
ORDER
This matter comes before the Court on the parties' stipulated motion at Dkt. # 71. The Court GRANTS in part and DENIES in part the motion. The Court STRIKES the January 2, 2024, pretrial conference. The Court sets the following schedule:
Deadline
Extended Date
JURY TRIAL DATE
February 20, 2024
Agreed pretrial order due
January 25, 2024
Deposition Designation must be submitted to the court (not filed on CM/ECF) by: (see LCR 32(e))
January 29, 2024
Pretrial conference to be held at 2:00 pm on
February 5, 2024
Trial briefs, proposed voir dire, jury instructions by Motions raised in trial briefs will not be considered.
February 8, 2024