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Ford v. BNSF Railway Co.

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

June 8, 2017

JEFFREY R. FORD, et al., Plaintiffs,
v.
BNSF RAILWAY COMPANY, a Delaware corporation, Defendant.

          RYAN, SWANSON & CLEVELAND, PLLC Bryan C. Graff, WSBA #38553 Madeline S. Davis, WSBA #51261

          THORNTON MOSTUL HERSCHENSOHN, PLLC George A. Thornton, WSBA #8198 Mark C. Mostul, WSBA #13257

          STIPULATED MOTION & ORDER TO CONTINUE TRIAL DATE AND EXTEND EXISTING PRETRIAL DEADLINES

          RICARDO S. MARTINEZ CHIEF UNITED STATES DISTRICT JUDGE

         The Parties, by and through their attorneys of record, pursuant to LCR 7(d)(1) and LCR 10(g), hereby submit this Stipulated Motion to Continue Trial Date and to Extend Existing Pretrial Deadlines.

         The Parties stipulate to and jointly request an Order continuing the current October 16, 2017 trial date until January 16, 2018, or as soon thereafter as may be convenient for the Court. The parties additionally request that pretrial deadlines be extended in lock-step with the new trial date.

         BACKGROUND

         By its Order Setting Trial and Related Dates entered January 24, 2017 (Dkt. 13), the Court set this matter for trial on October 16, 2017, and also established a case schedule of pretrial deadlines based upon that trial date.

         By its Order dated January 20, 2017 (Dkt. 12), the Court consolidated the above captioned case with Case Nos. 2:16-cv-01384-RSM and 2:16-cv-01385-RSM for all future pre-trial and trial purposes and ordered that one case schedule be issued for all matters.

         The Parties stipulate to and jointly move the Court for a continuance of the trial date until January 16, 2018, with a similar continuance the June 19, 2017 discovery deadline for purposes of completing depositions, and the other remaining pretrial deadlines.

         DISCUSSION

         The parties have been and conferred and submit this stipulated motion in good faith. The Parties have engaged in substantial written discovery and numerous depositions have been noted during the days remaining until the currently scheduled discovery deadline of June 19, 2017. Based upon his schedule and other commitments, including certain medical appointments, counsel for the plaintiffs, George Thornton, is not able to participate in the depositions as currently noticed and they cannot be completed by the current June 19, 2017 discovery deadline. The Parties believe that a two month continuance of the discovery deadline will allow them the opportunity to schedule and complete all depositions. The Parties further request that the remaining pretrial deadlines be continued correspondingly, to allow for dispositive motions, mediation and, if necessary, trial preparation following completion of the depositions.

         The Parties have requested available dates from the Court's staff for continuing the trial and understand that January 16, 2018 is currently available. The proposed new deadlines are set forth in Exhibit 1.

         ORDER

         Based upon the foregoing Stipulation of the Parties, ...


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