Opinion
2:21-cv-00921-JLR
03-07-2023
SAM MALESKI of ABACUS GUARDIANSHIP, INC., as Personal Representative of the Estate of MELVIN F. DANIEL, and on behalf of the beneficiaries of the Estate, Plaintiff, v. UNITED STATES OF AMERICA, Defendant.
CONNELLY LAW OFFICES, PLLC Micah R. LeBank, Attorneys for Plaintiff DES MOINES ELDER LAW Ermin Ciric, WSBA NICHOLAS W. BROWN United States Attorney WHITNEY PASSMORE ERIN K. HOAR, Assistant United States Attorneys United States Attorney's Office
CONNELLY LAW OFFICES, PLLC Micah R. LeBank, Attorneys for Plaintiff
DES MOINES ELDER LAW Ermin Ciric, WSBA
NICHOLAS W. BROWN United States Attorney
WHITNEY PASSMORE
ERIN K. HOAR, Assistant United States Attorneys United States Attorney's Office
STIPULATED MOTION AND ORDER TO CONTINUE DEADLINES
HONORABLE JAMES L. ROBART UNITED STATES DISTRICT JUDGE
STIPULATION
For good cause shown and pursuant to Federal and Local Rule of Civil Procedure 16(b), Plaintiff Sam Maleski of Abacus Guardianship Service as Personal Representative of the Estate of Melvin F. Daniel and Defendant United States of America (“USA”), respectfully and jointly move the Court for entry of an order adjusting the pre-trial deadline for disclosing expert testimony by 45-days.
For good cause shown and with the Court's consent, the Court may modify the deadlines in the scheduling order. Fed.R.Civ.P. 16(b)(4); see also LCR 16(b)(5). The “good cause” standard primarily considers the diligence of the party seeking the amendment: the district court may modify the pretrial schedule if it cannot reasonably be met despite the diligence of the party seeking the extension. See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992) (citing Fed.R.Civ.P. 16 advisory committee's notes (1983 amendment)). Although the existence or degree of prejudice to the opposing party might supply additional considerations for a motion to modify, the focus remains on the moving party's reasons for seeking modification. See, e.g., Johnson, 975 F.2d at 609 (internal citation omitted).
Counsel for the parties have been working cooperatively in discovery, have conferred, and agree that good cause exists to modify the case schedules, as set forth below:
1. On November 20, 2022, Melvin F. Daniel died.
2. On January 24, 2023, Sam Maleski was appointed as Personal Representative of the Estate of Melvin Daniel.
3. On February 10, 2023, the Plaintiffs filed a Second Amended Complaint substituting the Sam Maleski as Personal Representative of the Estate of Melvin Daniel. Dkt. 26.
4. The current deadline for disclosing expert testimony under FRCP 26(a)(2) is April 19, 2023. Dkt. 10.
5. Depositions of representatives of the United States have been scheduled for April 7, 2023.
6. The parties need time for experts to review these depositions in order to finalize their reports in this matter.
7. The parties have scheduled a mediation with WAMS Mediator Tom Merrick for April 14, 2023.
8. The parties hereby agree to continue the expert disclosure deadline to June 5, 2023.
II. ORDER
Based on the foregoing Stipulation of the parties the expert disclosure deadline is hereby continued to June 5, 2023.
IT IS SO ORDERED.