Opinion
2:22-cv-01141
10-26-2023
JAVIER TAPIA, Plaintiff, v. NAPHCARE, INC., and PIERCE COUNTY, Defendants.
David A. Perez, WSBA No. 43959 Juliana Bennington, WSBA No. 60357 Jedidiah K.R. Blake, WSBA No. 59610 Perkins Coie LLP Jacob Dean (Admitted Pro Hac Vice) Perkins Coie LLP Attorneys for Defendant NaphCare, Inc. s/ Kristal M. Cowger Kristal M. Cowger, WSBA # 43079 Pierce County Prosecuting Attorney Attorney for Defendant Pierce County s/ Ryan Dreveskrach Ryan Dreveskracht, WSBA No. 42593 Corinne Sebren, WSBA No. 58777 Galanda Broadman, PLLC Attorneys for Plaintiff
David A. Perez, WSBA No. 43959
Juliana Bennington, WSBA No. 60357
Jedidiah K.R. Blake, WSBA No. 59610
Perkins Coie LLP
Jacob Dean (Admitted Pro Hac Vice)
Perkins Coie LLP
Attorneys for Defendant NaphCare, Inc.
s/ Kristal M. Cowger
Kristal M. Cowger, WSBA # 43079
Pierce County Prosecuting Attorney
Attorney for Defendant Pierce County s/ Ryan Dreveskrach
Ryan Dreveskracht, WSBA No. 42593
Corinne Sebren, WSBA No. 58777
Galanda Broadman, PLLC
Attorneys for Plaintiff
STIPULATED MOTION AND ORDER TO AMEND THE CASE SCHEDULE
HONORABLE KYMBERLY K. EVANSON JUDGE
Pursuant to Federal Rule of Civil Procedure 16(b)(4) and Local Civil Rule 16(b)(6), all parties in this action jointly move the Court for entry of an order extending the remaining case deadlines. The parties believe that there is good cause to extend the trial date, and related pretrial deadlines, as the proposed schedule will ensure efficiency and conserve judicial resources.
“The decision to modify a scheduling order is within the broad discretion of the district court,” and the Court may do so on a showing of good cause. White v. Ethicon, Inc., No. 20-952, 2022 WL 596407, at *1 (W.D. Wash. Feb. 28, 2022); Fed.R.Civ.P. 16(b)(4); see also LCR 16(b)(6). The good cause standard “primarily considers the diligence of the party seeking amendment.” Ginzkey v. Nat'l Sec. Corp., No. 18-1773, 2022 WL 1110976, at *1 (W.D. Wash. Mar. 10, 2022) (quoting Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992)). Good cause exists where the “schedule . . . cannot reasonably be met despite the diligence of the parties seeking the extension.” Johnson, 975 F.2d at 609 (citing Fed.R.Civ.P. 16 advisory committee's notes (1983 amendment)). The rule is intended to “accomplish effective pretrial procedures and to avoid wasting the time of the parties, counsel, and the court.” LCR 16(b)(4).
The Court's Scheduling Order does not explicitly set forth deadlines for expert discovery and Daubert motions. Dkt. No. 50 at 1. Good cause exists to extend the deadlines for dispositive motions and other pretrial deadlines as the parties' ability to prepare motions for summary judgment, necessarily depends on the parties' ability to develop a complete factual record and assess the adequacy of the expert testimony. Accordingly, the extension will “accomplish effective pretrial procedures,” and ensure the efficiency of trial, which will, in turn, “avoid wasting the time of the parties, counsel, and the court.” LCR 16(b)(4).
Further, Defendants NaphCare and Pierce County believe good cause exists to sequence Daubert motions and motions for summary judgment so that the Court can determine what expert opinions are admissible before the parties submit dispositive motions, which will rely heavily on expert opinions. Should the current schedule not provide the Court time to resolve the Daubert motions in advance of the deadline to file motions for summary judgment, Defendants reserve their right to request a further extension of the deadline to file motions for summary judgment. Plaintiff does not believe such sequencing is necessary or beneficial.
Good cause, therefore, exists to extend the deadlines for dispositive motions, and extend the remaining case deadlines as follows:
Current Date
Proposed New Date
Deadline for Expert Disclosures and Reports
March 15, 2024
Deadline for Rebuttal Expert Disclosures and Reports
April 15, 2024
Discovery Cut-Off
March 15, 2024
May 15, 2024
Deadline to File Daubert Motions
April 15, 2024
June 10, 2024
Mediation to be Completed
April 1, 2024
July 1, 2024
Deadline to File Motions for,Summary Judgment
April 15, 2024
September 16, 2024
Motions in Limine
July 5, 2024
November 29, 2024
Pretrial Order
July 5, 2024
November 29, 2024
Proposed Verdict Forms, Voir Dire,and Jury Instructions'
July 8, 2024
December 2, 2024
Trial Briefs July
11, 2024
December 5, 2024
Jury Trial July
15, 2024
December 9, 2024
IT IS SO ORDERED.