Opinion
2:20-cv-00013 RSM
01-11-2023
SPEARMAN CORPORATION AND SPEARMAN CORPORATION KENT DIVISION, Plaintiffs, v. SPEARMAN CORPORATION AND SPEARMAN CORPORATION KENT DIVISION, Counterclaim Defendants, THE BOEING COMPANY, Defendant. THE BOEING COMPANY, Counterclaim and Third-Party Plaintiff, ALEXANDER SPEARMAN, an individual, Third-Party Defendant
LANE POWELL PC BY DAVID SCHOEGGL, CALLIE A. CASTILLO, BRIAN T. KIOLBASA. PRO HAC VICE ATTORNEYS FOR PLAINTIFF PERKINS COIE LLP BY DAVID J. BURMAN, SUSAN E. FOSTER, NICHOLAS P. GELLERT, DAVID S. STEELE, ATTORNEYS FOR DEFENDANT / COUNTERCLAIMANT THE BOEING COMPANY MURPHY PEARSON BRADLEY & FEENEY BY NICHOLAS C. LARSON, MERRI N. ENGLER, PRO HAC VICE ATTORNEYS FOR COUNTERCLAIM DEFENDANTS SPEARMAN CORPORATION AND ALEX SPEARMAN
LANE POWELL PC BY DAVID SCHOEGGL, CALLIE A. CASTILLO, BRIAN T. KIOLBASA. PRO HAC VICE ATTORNEYS FOR PLAINTIFF
PERKINS COIE LLP BY DAVID J. BURMAN, SUSAN E. FOSTER, NICHOLAS P. GELLERT, DAVID S. STEELE, ATTORNEYS FOR DEFENDANT / COUNTERCLAIMANT THE BOEING COMPANY
MURPHY PEARSON BRADLEY & FEENEY BY NICHOLAS C. LARSON, MERRI N. ENGLER, PRO HAC VICE ATTORNEYS FOR COUNTERCLAIM DEFENDANTS SPEARMAN CORPORATION AND ALEX SPEARMAN
STIPULATED MOTION AND ORDER REGARDING TRIAL LENGTH AND CERTAIN PRETRIAL DEADLINES
RICARDO S. MARTINEZUNITED STATES DISTRICT JUDGE
STIPULATED MOTION
On April 5, 2022, the Court continued trial in this matter to October 2022, and noted the trial length as 14 days. Dkt. No. 187. On July 18, 2022, the Court granted in part and denied in part Boeing's motion for summary judgment. Dkt. No. 190. The Court continued the trial to March 13, 2023. Dkt. No. 196. Following the Court's order moving the trial date, the Court entered a scheduling order. Dkt. No. 197. The ECF entry indicated that the trial length was 5-7 days, however, the scheduling order indicated that the trial would be 4-5- days.
Although the Court's decision on Boeing's motion for summary judgment has removed some causes of action and issues from the case, the Parties continue to believe the factual complexity of the issues that remain (on Spearman's claim that Boeing breached the implied covenant of good faith and fair dealing and Boeing's counterclaims) cannot be presented to the trier of fact in 4-5 days. Therefore, the Parties jointly request that the Court enter a revised scheduling order allowing 12 days for trial, with each side having an equal amount of the trial time. The Parties do not seek a continuance of the trial date. If the Court cannot accommodate the proposed trial length with the current trial date, the parties ask for a status conference to discuss this issue with the Court.
Pursuant to the Court's scheduling order, the Parties' proposed Pretrial Order is to be lodged with the Court on March 1, 2023, which is 12 days before the trial. This deadline causes the Local Rule 16(h)-(i) deadlines to be close to the trial date. The Parties have conferred about these deadlines, and have agreed to move these deadlines to help facilitate preparation for trial. The parties respectfully request that the deadlines be modified as follows:
Event
Current Deadline
New Proposed Deadline
Plaintiffs' / counterclaimant's pretrial statement
January 30, 2023
Unchanged January 30, 2023
Initial deposition designations
January 30, 2023
February 2, 2023
Responses to pretrial statements
February 9, 2023
February 13, 2023
Objections to deposition designations; counterdesignations
February 9, 2023
February 10, 2023
Objections to counterdesignations
None
February 17, 2023
All motions in limine must be filed (noted for third Friday)
February 13, 2023
Unchanged February 13, 2023
Deadline for Pretrial Conference (LCR 16(k))
February 17, 2023
Unchanged February 17, 2023
Agreed pretrial order due
March 1, 2023
Unchanged March 1, 2023
Trial briefs, proposed voir dire, jury instructions, neutral statement of the case, and trial exhibits due
March 8, 2023
Unchanged March 8, 2023
ORDER
Based on the above Stipulated Motion, the Court does hereby ORDER:
1. The Stipulated Motion is granted;
2. Given the above and the Court's understanding of the remaining factual and legal issues, trial shall be scheduled for 10 days, with each side getting equal time, and all pretrial dates are reset as reflected in the above Stipulated Motion.