Opinion
3:22-cv-05108-BJR
06-26-2023
PATRICK G. GARLOCK and LARENE M. GARLOCK, husband and wife; and MICHAEL H. JENNINGS, JR. and NANCY A. JENNINGS, husband and wife, Plaintiffs, v. OPTIMISCORP, a Delaware corporation, Defendant.
GORDON THOMAS HONEYWELL LLP Margaret Y. Archer, WSBA #21224 Ian M. Leifer, WSBA #56670 Attorneys for Plaintiffs Garlock and Jennings MORGAN, LEWIS & BOCKIUS LLP Angelo J. Calfo, WSBA #27079 Molly A. Terwilliger, WSBA #28449 Marisa L. Berlinger, WSBA #58991 Attorneys for Defendant OptimisCorp
GORDON THOMAS HONEYWELL LLP
Margaret Y. Archer, WSBA #21224
Ian M. Leifer, WSBA #56670
Attorneys for Plaintiffs Garlock and Jennings
MORGAN, LEWIS & BOCKIUS LLP
Angelo J. Calfo, WSBA #27079
Molly A. Terwilliger, WSBA #28449
Marisa L. Berlinger, WSBA #58991
Attorneys for Defendant OptimisCorp
STIPULATION AND ORDER GRANTING REVISED CASE SCHEDULE
BARBARA JACOBS ROTHSTEIN, U.S. DISTRICT COURT JUDGE
STIPULATION
The parties in the above-captioned action, through their undersigned counsel, hereby STIPULATE and AGREE as follows:
Whereas, in its June 6, 2023, Order Granting Motion to Amend, allowing Plaintiffs to amend their complaint for declaratory relief to seek additional relief regarding an indemnity agreement between the parties, the Court instructed “the parties to present a revised scheduling order (including a fixed date for mediation)” by June 21, 2023 (Dkt. 52) if the “amendment requires adjustment of the previously scheduled case management dates”;
Whereas, on May 26, 2023, the parties engaged in a private mediation, but no settlement was achieved. If the Court concludes that this mediation was insufficient to meet the mediation requirement contemplated in the Court's June 6, 2023, Order, the parties included a deadline to complete mediation as directed; and
Whereas, the parties have met and conferred, agreed that the amendment requires adjustment of the previously scheduled case management dates, and have reached an agreement on a proposed revised case schedule.
Therefore, the parties hereby STIPULATE and AGREE that the Court enter an order to modify the case schedule in accordance with the below:
EVENT
DATE
Deadline for any party to oppose a dispositive motion only as to the newly added declaratory judgment relief sought regarding the Indemnity Agreement, any related counterclaims, or any defenses thereto.
November 10, 2023
Deadline for any party to file a reply in support of their dispositive motion only as to the newly added declaratory judgment relief sought regarding the Indemnity Agreement, any related counterclaims, or any defenses thereto.
December 1, 2023
Deadline to complete mediation.
December 31, 2023 OR N/A if mediation requirement is deemed satisfied
Deadline to file motions in limine
February 16, 2024
Joint pretrial statement due
February 26, 2024
Pretrial conference
March 11, 2023
Bench trial (4 days)
March 25, 2024
The briefing on the parties' dispositive motions on the claims and counterclaims that existed in complaint and/or answer on file the case prior to the amendment on June 6, 2023, is completed. If the Court is inclined to do so, the parties are not opposed to the Court ruling on the issues presented as to those claims prior to the completion of dispositive motion briefing concerning the indemnity agreement claim.
The parties hereby request the Court memorialize these deadlines by entering the proposed order accompanying this stipulation.
ORDER
The Court hereby ORDERS that the following case schedule be entered:
EVENT
DATE
Deadline to complete discovery only as to the newly added declaratory judgment relief sought regarding the Indemnity Agreement or any related counterclaims. The prior April 14, 2023, fact discovery cut-off still applies to the claims as they existed in the complaint and counterclaims on file as of April 14, 2023.
October 6, 2023
Deadline for any party to file a dispositive motion only as to the newly added declaratory judgment relief sought regarding the Indemnity Agreement, any related counterclaims, or any defenses thereto.
October 20, 2023
Deadline for any party to oppose a dispositive motion only as to the newly added declaratory judgment relief sought regarding the Indemnity Agreement, any related counterclaims, or any defenses thereto.
November 10, 2023
Deadline for any party to file a reply in support of their dispositive motion only as to the newly added declaratory judgment relief sought regarding the Indemnity Agreement, any related counterclaims, or any defenses thereto.
December 1, 2023
Deadline to complete mediation
December 31, 2023
Deadline to file motions in limine
February 16, 2024
Joint pretrial statement due
February 26, 2024
Pretrial conference
March 11, 2024
Bench trial (4 days)
March 25, 2024
SO ORDERED.