Opinion
2:22-CV-01640-JNW
07-18-2024
JOSHUA A. DIEMERT, an individual, Plaintiff, v. THE CITY OF SEATTLE, a municipal corporation, Defendant.
PACIFIC LEGAL FOUNDATION Attorneys for Plaintiff Joshua A. Diemert Wesley P. Hottot Laura M. D'Agostino Admitted Pro Hac Vice Nicholas J. DeBenedetto Admitted Pro Hac Vice Andrew R. Quinio Admitted Pro Hac Vice Erin E. Wilcox Admitted Pro Hac Vice DAVIS WRIGHT TREMAINE LLP Attorneys for Defendant The City of Seattle Sheehan Sullivan Victoria M. Slade Darrah N. Hinton
PACIFIC LEGAL FOUNDATION
Attorneys for Plaintiff Joshua A. Diemert
Wesley P. Hottot
Laura M. D'Agostino
Admitted Pro Hac Vice
Nicholas J. DeBenedetto
Admitted Pro Hac Vice
Andrew R. Quinio
Admitted Pro Hac Vice
Erin E. Wilcox
Admitted Pro Hac Vice
DAVIS WRIGHT TREMAINE LLP
Attorneys for Defendant The City of Seattle
Sheehan Sullivan
Victoria M. Slade
Darrah N. Hinton
STIPULATED MOTION AND ORDER
TO EXTEND DEADLINE TO FILE
DISPOSITIVE MOTIONS AND
MOTIONS CHALLENGING EXPERT
TESTIMONY
Jamal N. Whitehead, United States District Judge
STIPULATED MOTION
Plaintiff Joshua A. Diemert (“Plaintiff”) and Defendant The City of Seattle (“Defendant”) jointly move the Court to amend the Order Setting Trial Date and Related Dates (Dkt. No. 49) and extend certain pretrial deadlines as referenced herein.
In support of this Stipulated Motion, the Parties state the following:
1. Plaintiff filed the Complaint in this matter on November 16, 2022. Dkt. 1. Plaintiff filed an Amended Complaint and served Defendant with same on January 19, 2023. Dkt. 10-11.
2. On March 10, 2023, Defendant moved for dismissal of Plaintiff's claims pursuant to Federal Rule of Civil Procedure 12(b)(6). Dkt. 16. The Court issued an Order granting in part and denying in part Defendant's Motion on August 28, 2023. Dkt. 28.
3. The Parties previously stipulated to continue the trial date and other case deadlines. See Dkt. 48-49. The Court set deadlines of June 12, 2024 for remaining limited discovery; May 31, 2024 for discovery motions; and July 15, 2024 for dispositive motions and motions challenging expert testimony, as well as a trial date of January 13, 2025. Id.
4. On June 14, 2024 the parties submitted a Joint Discovery Motion (the “Motion”) using the Court's expedited joint motion procedure pursuant to LCR 37(a)(2). Dkt. No. 50. The Court heard oral argument on the Motion on July 3, 2024, and on July 9, 2024, the Court issued its Order Granting in Part and Denying in Part the Motion. Dkt. No. 52. The Court ordered Defendant to produce certain requested documents by July 30, 2024. Id.
5. The Court's Order on the Motion stated the Court would be willing to consider a stipulated motion to adjust the case schedule as necessary. See Dkt. No. 52 at page 8. The Parties have conferred and agree that it is necessary to extend the deadlines for dispositive motions and motions challenging expert testimony, and they have agreed to a deadline of August 16, 2024 for both motions.
6. In addition, due in part to the difficulty in scheduling depositions for expert witnesses and medical providers, the parties have as yet been unable to complete the depositions of two witnesses, economist Lorraine Barrick and Plaintiff's treating medical provider Dr. Avila-Smith. The Parties agree that these depositions may occur after the existing discovery cutoff and are working to schedule them expeditiously. The Parties agree that any motion challenging Ms. Barrick's testimony will be due thirty days after the date of Ms. Barrick's deposition. The Parties agree at this time that beyond these two depositions, Defendant's production of documents pursuant to the Court's Order, and any remaining productions pursuant to the Parties' prior agreements, no further discovery is warranted, and the discovery period is otherwise closed.
7. This stipulation does not preclude either Party from pursuing additional discovery should the Party believe it is warranted based upon forthcoming productions; however, no such further discovery shall be permitted absent agreement between the parties or Court order.
8. The Parties hereby request that the Court issue a revised case schedule extending the deadline to file dispositive motions and motions challenging expert witness testimony (with the exception of Lorraine Barrick) to August 16, 2024, and keeping the remaining case deadlines the same.
ORDER
The Parties jointly moved the Court for an extension of the deadline to file dispositive motions and motions challenging expert testimony. In accordance with the Parties' agreement, the Court hereby orders the limited extension of the referenced deadline as follows:
Event
Revised Date
Deadline to file dispositive motions and motions challenging expert testimony.
August 16, 2024
Deadline to file motion challenging expert testimony of Lorraine Barrick
30 days after deposition of Lorraine Barrick
With the exception of Defendant's production of documents pursuant to the Court's Order on the Parties' Joint Discovery Motion, any remaining agreed production by either Party, and the depositions of Lorraine Barrick and Dr. Avila-Smith, which may be conducted after the discovery cutoff, the other non-expired deadlines as set forth in the Court's May 10, 2024 Order Setting Trial Date and Related Dates shall remain in effect. Dkt. 49.
IT IS SO ORDERED.