Opinion
2:20-cv-01623-JCC
12-08-2021
TWIN CITY FIRE INSURANCE COMPANY, Plaintiff, v. LUNDBERG, LLC, Defendant.
GORDON & POLSCER, L.L.C. Brian C. Hickman, WSBA No. 50089 Attorneys for Plaintiff Twin City Insurance Company LANE POWELL PC Andrew J. Gabel, WSBA No. 39310 Attorneys for Defendant Lundberg, LLC
GORDON & POLSCER, L.L.C.
Brian C. Hickman, WSBA No. 50089
Attorneys for Plaintiff Twin City Insurance Company
LANE POWELL PC
Andrew J. Gabel, WSBA No. 39310
Attorneys for Defendant Lundberg, LLC
JOINT MOTION TO CONTINUE DATES IN CIVIL TRIAL SCHEDULING ORDER
NOTE ON MOTION CALENDAR: DECEMBER 8, 2021 [SAME DAY MOTION]
JOHN C. COUGHENOUR, UNITED STATES DISTRICT JUDGE
MOTION
Pursuant to Fed.R.Civ.P. 6(b) and 16(b)(4), and LCR 16 (b)(6), plaintiff Twin City Fire Insurance Company and defendant Lundberg, LLC (collectively “parties”) stipulate to this Joint Motion for an Order continuing case management dates assigned to this action in the Civil Trial Scheduling Order dated March 16, 2021. Dkt. 23.
MEMORANDUM
The parties have previously advised the court that this case will not be ready for trial until resolution of the underlying action, which is captioned Packaging Corporation of America v. Lundberg, LLC, No. 19-2-28930-9 SEA (Wash. Sup. Ct. King Cty.). The parties continue to agree that the question of whether and to what extent plaintiff has any indemnity obligation with respect to the underlying action cannot be resolved until the underlying action has been resolved. At the time of this court's issuance of the Civil Trial Scheduling Order setting the trial for this action for May 16, 2022, the trial of the underlying action was set to begin on October 25, 2021. On October 22, 2021, the King County Superior Court issued an order continuing the trial of that underlying action to May 2, 2022. Accordingly, and due to the potential need to conduct discovery following resolution of the underlying action, the parties respectfully request that trial in this matter be continued and re-set for no earlier than December 19, 2022, and that other deadlines likewise be continued.
The parties respectfully suggest the following changes to the Civil Trial Scheduling Order for this action:
Current Civil Trial Scheduling Order dates
Proposed continued dates
Discovery cutoff: January 18, 2022
August 19, 2022
Mediation completed: January 31, 2022
April 1, 2022
Dispositive motion deadline: February 15, 2022
September 23, 2022
Proposed pretrial order: May 6, 2022
December 9, 2022
Trial briefs and proposed voir dire/jury instructions: May 12, 2022
December 15, 2022
Trial: May 16, 2022
December 19, 2022
This motion is brought for good cause as shown herein and not for the purpose of undue delay.
CONCLUSION
Because the trial of the underlying action is now set for just two weeks before the trial in this action, and because the parties will need time to conduct discovery and potentially file dispositive motions after the conclusion of the underlying action, the parties jointly respectfully request that this court issue an order continuing the case management dates assigned to this action to accommodate the litigation of this action. DATED this 8th day of December 2021.
IT IS SO ORDERED: