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Oberto Sausage Co. v. Endurance American Insurance Co.

United States District Court, W.D. Washington, Seattle

April 28, 2017

OBERTO SAUSAGE COMPANY, a Washington corporation, Plaintiff,
v.
ENDURANCE AMERICAN INSURANCE COMPANY, a Delaware corporation, Defendant.

          GORDON TILDEN THOMAS & CORDELL LLP Attorneys for Plaintiff Oberto Sausage Company Dale L. Kingman, Matthew F. Pierce, Chelsey L. Mam.

          NICOLL BLACK & FEIG Attorneys for Defendant Endurance American Ins. Co. Christopher W. Nicoll, Shannon L. Trivett, Fourth Avenue, Suite.

          STIPULATED MOTION AND ORDER TO CONTINUE TRIAL DATE AND ADJUST CASE SCHEDULE

          RICARDO S. MARTINEZ CHIEF UNITED STATES DISTRICT JUDGE.

         I. INTRODUCTION

         Pursuant to LCR 16(b)(4) and 10(g), Plaintiff Oberto Sausage Company and Defendant Endurance American Insurance Company stipulate to and respectfully seek an order continuing the trial date of this matter-presently set for July 24, 2017-to October, 2017. See Dkt. No. 23. The parties seek a continuance of the trial date, and a corresponding extension of other deadlines, in order to allow them to attempt to resolve this matter through mediation prior to completing depositions and filing dispositive motions. The parties are in the process of scheduling mediation in this matter for May 2017. This is the parties' third and final request for a continuance of the trial date. The parties do not anticipate another request for a continuance.

         II. RELEVANT FACTS

         A. The parties are scheduling mediation in an attempt to resolve this matter.

         The parties have agreed on a mediator and are in the process of scheduling mediation for May 2017.

         B. The parties require additional time to complete discovery.

         The parties would prefer to mediate this matter prior to incurring the cost of dispositive motions and completing depositions. Counsel for both parties agree additional time is needed to complete discovery in the event mediation is unsuccessful. The parties are in the process of scheduling depositions for dates after mediation.

         C. This is the parties' final request for a continuance.

         The Court previously continued the trial date in this matter by Orders dated May 25, 2016 [Dkt. No. 15] and October 27, 2016 [Dkt. No. 23]. This is the parties' third request for a continuance of the trial date. The parties do not anticipate another request for a continuance.

         III. ANALYSIS

         The case schedule may be modified for good cause and with the Court's consent. See LCR 16(b)(4), 10(g). Here, good cause exists. In particular, a short continuance of the trial date will allow the parties the time needed to attempt to resolve this matter through mediation. The parties have already agreed on a mediator and are in the process of scheduling mediation. In addition, a short continuance will allow the ...


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