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Federal Deposit Insurance Corp. v. Arch Insurance Co.

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

October 17, 2017

FEDERAL DEPOSIT INSURANCE CORPORATION as Receiver for Washington Mutual Bank, Plaintiff,
v.
ARCH INSURANCE COMPANY, NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA, and LLOYD'S SYNDICATE NOS. 2987, 2000 and 382 and WUERTTEMBERGISCHE VERSICHERUNG A.G. 202388900007 as subscribers to the LLOYD'S POLICY and the COMPANIES INSURANCE POLICY Nos. 509/QA015607, Defendant.,

          DAVIS WRIGHT TREMAINE LLP, Everett W. Jack, Jr., WSBA No. 06298 Attorneys for Defendant National Union Fire Insurance Company of Pittsburgh, PA

          HILLIS CLARK MARTIN & PETERSON P.S., Michael R. Scott, WSBA #12822 Jake Ewart, WSBA #38655 Attorneys for Plaintiff Federal Deposit Insurance Corporation

          CLYDE & CO U.S. LLP, Alec H. Boyd Kim W. West Attorneys for Defendant Arch Insurance Company

          SEDGWICK LLP, Robert A. Meyers, WSBA No. 24846 Eugene V. Elsbree III Attorneys for Defendants Certain Underwriters at Lloyd's, London and Wurttembergische Versicherung A.G.

          REED SMITH LLP, Barry S. Rosen Duane F. Sigelko Denise M. Ware Attorneys for Plaintiff Federal Deposit Insurance Corporation

          BETTS PATTERSON & MINES, Herbert Matthew Munson Attorneys for Defendant Arch Insurance Company

          STIPULATED MOTION AND ORDER REGARDING DEADLINES FOR EXPERT DISCOVERY

          ROBERT S. LASNIK UNITED STATES DISTRICT JUDGE.

         The Parties to this action, by and through their undersigned counsel, request that the Court modify the Amended Order Setting Trial Date and Related Dates (dkt #149) to adjust the dates for expert disclosures and expert depositions. This motion will not change the current deadlines for dispositive motions or the trial date. Expert reports are currently due December 6, 2017, with discovery set to close February 4, 2018. The parties believe their expert reports should take into account the full scope of fact discovery. The parties have conducted a number of depositions and are working to schedule the remaining fact depositions of witnesses spread throughout the country. Accordingly, the Parties request that the deadline for expert reports be moved to January 20, 2018 and that depositions of experts be completed by February 20, 2018. In addition, the Parties request that the deadline for the settlement conference be extended by ten days, from February 18, 2018, to February 28, 2018. This short extension will allow the Parties to have the benefit of the expert depositions prior to the settlement conference.

         If granted, this Motion would make the following indicated changes to the Court's prior case schedule:

TRIAL DATE

June 4, 2018

Reports from expert witnesses under FRCP 26(a)(2) due

December 6, 2017

January 20, 2018

All motions related to discovery must be noted on the motion calendar no later than the Friday before discovery closes pursuant to LCR 7(d) or LCR 37(a)(2)

Fact Discovery completed by

February 4, 2018

Expert depositions completed by

February 20, 2018

Settlement conference held no later than

February 1828, 2018

All dispositive motions must be filed by and noted on the motion calendar no later than the fourth Friday thereafter (see LCR 7(d)(3))

March 6, 2018

All motions in limine must be filed by and noted on the motion calendar no earlier than the second Friday thereafter.

Replies will be accepted.

May 7, 2018

Agreed pretrial order due

May 23, 2018

Pretrial conference to be scheduled by the Court

Trial briefs, proposed voir dire questions, proposed jury instructions, and trial exhibits due Length of Trial: 10-15 days Jury

May 30, 2018

Length of Trial: 10-15 days

Jury

         IT ...


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