Opinion
C20-5678JLR
10-16-2023
JOSEPH LOCHUCH EWALAN, Plaintiff, v. WASHINGTON STATE DEPARTMENT OF CORRECTIONS, et al., Defendants.
ORDER
JAMES L. ROBART, UNITED STATES DISTRICT JUDGE
Trial in this matter is currently scheduled to begin on January 16, 2024. In light of the unique complexities presented by this case, including but not limited to Plaintiff Joseph Lochuch Ewalan's pro se and incarcerated status, the court determines that principles of fairness, justice, and efficiency support a trial continuance in this matter. Accordingly, the court ORDERS that the trial date shall be continued to April 22, 2023.
The court sets forth the new pretrial schedule below. For the benefit of the parties this expanded schedule includes deadlines that are set by either the Local Civil Rules or the Federal Rules of Civil Procedure but ordinarily do not appear in a scheduling order. Matters appearing in bold text indicate deadlines that appeared in a previous scheduling order. (See 8/22/23 Min. Order (Dkt. # 147).)
Former Deadline
New Deadline
Settlement Conference Deadline (See Local Rules W.D. Wash. LCR 39.1(c)(2).)
Wednesday, October 18, 2023
Wednesday, October 18, 2023
Status Conference
None
Monday, October 23, 2023 at 10:30 AM
Expert Disclosure Deadline
Wednesday, October 18, 2023
Friday, October 27, 2023 (See 10/3/23 Order (Dkt. # 159) at 12.)
Rebuttal Expert Disclosure Deadline (See Fed.R.Civ.P. 26(a)(2)(D)(ii).)
Friday, November 17, 2023
Monday, November 26, 2023
Plaintiff's Pretrial Statement (See LCR 16(h).) Plaintiff shall file and serve his pretrial statement on Defendants' counsel through PACER.
Monday, November 13, 2023
Monday, January 8, 2023
Motions in Limine (See LCR 7(d)(4), 7(e)(5).) The parties must confer before filing motions in limine. (See LCR 7(d)(4).)
Monday, November 20, 2023
Monday, January 8, 2024
Responses to Motions in Limine (See LCR 7(d)(4).)
Monday, December 4, 2023
Monday, January 22, 2024
Former Deadline
New Deadline
Defendants' Pretrial Statement (See LCR 16(i).)
Tuesday, November 21, 2023
Monday, January 22, 2024
Conference of Attorneys Deadline (See LCR 16(k).)
Friday, December 1, 2023
Monday, February 5, 2024
Agreed Pretrial Order (See LCR 16.1 (form of pretrial order).) Defendants shall be responsible for preparation and filing. The parties shall expressly identify any witnesses who are incarcerated in the pretrial order.
Monday, December 11, 2023
Tuesday, February 20, 2024
Deposition Designations (See LCR 32(e).)
Monday, December 11, 2023
To be determined at the 10/23/23 status conference.
Parties' exchange of proposed jury instructions, verdict forms, and special interrogatories. (See LCR 51(e).)
Wednesday, December 13, 2023
Monday, March 4, 2024
Instructions Conference Deadline (See LCR 51(e).) Parties must confer “with the objective of filing with the court one set of agreed-upon instructions, verdict forms, and interrogatories.” (See id.)
None
Monday, March 18, 2024
Former Deadline
New Deadline
Deadline to Issue and Serve Witness Subpoenas
None
Monday, March 25, 2024
Trial Briefs
Wednesday, January 3, 2024
Monday, April 1, 2024
Proposed Voir Dire Questions (See LCR 47(a).) Voir dire shall be conducted by the court.
Wednesday, January 3, 2024
Monday, April 1, 2024
Joint Instructions and Joint Statement of Disputed Instructions (See LCR 51(f), (g).) Defendants shall be responsible for preparation and filing.
Wednesday, January 3, 2024
Monday, April 1, 2024
Pretrial Conference
Tuesday, January 2, 2024
Wednesday, April 3, 2024
Trial Exhibits Delivered to the Courtroom Deputy (See 8/22/23 Min. Order at 2-3.)
Thursday, January 11, 2024
Monday, April 8, 2024
Jury Trial Begins (estimated 6-day duration)
Tuesday, January 16, 2024
Monday, April 22, 2024
These are firm dates that can be changed only by order of the court, not by agreement of counsel or parties. The court will alter these dates only upon good cause shown: failure to complete discovery within the time allowed is not recognized as good cause. Although the court can afford some leeway to pro se litigants, Mr. Ewalan is nevertheless responsible for complying with case deadlines, the Federal Rules of Civil Procedure, and the Western District of Washington's Local Rules. In particular, Defendants informed the court that Mr. Ewalan has indicated that he will not sign any joint filings. (See Status Report (Dkt. # 146) at 2.) The parties are expected to cooperate in timely filing joint submissions pursuant to this scheduling order.
Mr. Ewalan and Defendants' counsel are directed to cooperate in preparing the final pretrial order in the format required by LCR 16.1, except as follows. The original and one copy of the trial exhibits are to be delivered to the courtroom deputy by no later than the deadline for delivering trial exhibits. Each set of exhibits shall be submitted in a three-ring binder with appropriately numbered tabs. Each exhibit shall be clearly marked. Plaintiff's exhibits shall be numbered consecutively beginning with 1; Defendants' exhibits shall be numbered consecutively beginning with A-1. Duplicate documents shall not be listed twice: once a party has identified an exhibit in the pretrial order, any party may use it.
The parties must be prepared to begin trial on the date scheduled, but it should be understood that the trial may have to await the completion of other cases. Should this case settle, the parties shall notify Ashleigh Drecktrah at Ashleigh_Drecktrah@wawd.uscourts.gov as soon as possible.