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Bergson v. United States

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

November 8, 2017

CAROL BERGSON, an individual, Plaintiff,
v.
UNITED STATES OF AMERICA; PARSONS, a foreign corporation; MBA CONSULTING SERVICES, INC., a foreign corporation; SERCO, INC., a foreign corporation; WALTON INVESTMENT CO., INC., a Washington corporation; UNKNOWN PERSONS 1-5; and UNKNOWN ENTITIES 1-5, Defendants.

          STRITMATTER KESSLER WHELAN KOEHLER MOORE KAHLER Daniel R. Laurence, Attorneys for Plaintiff Carol Bergson

          ANDREWS-SKINNER, P.S. PAMELA M. ANDREWS, ALISON L. MARKETTE, Attorneys for Defendant Serco, Inc.

          CARNEY BADLEY SPELLMAN, P.S. Cindy G. Flynn, John C. Dippold, Attorneys for Defendant Parsons Corporation

          LAW OFFICES OF KENNETH R. SEARCE Kasey Myhra, Attorneys for Defendant Walton Investment Services, Inc.

          LAW OFFICES OF TIMOTHY J. FARLEY Richard P. Roberts, Attorneys for Defendant MBA Consulting Services

          JOINT MOTION FOR ORDER TO CONTINUE PRETRIAL DEADLINES

          RICARDO S. MARTINEZ, CHIEF UNITED STATES DISTRICT JUDGE.

         STIPULATED MOTION

         Plaintiff Carol Bergson and Defendants Parsons, MBA Consulting Services, Inc., Serco, Inc. and Walton Investment Co., Inc., hereby stipulate to entry of the following order without further notice. (The remaining defendants named in this action may not yet have been served with process and/or have not yet filed notices of appearance in the action.)

         This motion is based upon the Court's inherent authority to manage its own schedule, and the following facts:

The Complaint for Personal Injuries in this action was filed with the Court on September 21, 2017. See Dkt. 1. The Complaint alleges Plaintiff was injured at a post office situated on real estate owned by Defendant Walton Investment Co., Inc. and leased to the U.S. Postal Service, when she fell in an area alleged to have been designed and/or constructed by one or more of the Defendants. See generally, Dkt. 1.

         The Court issued its Order Regarding Initial Disclosures, Joint Status Report, and Early Settlement on September 28, 2017. See Dkt. 3. That order set the following deadlines:

Deadline for FRCP 26(f) Conference:

10/26/2017

Initial Disclosures Pursuant to FRCP 26(a)(1) Combined Joint Status Report and Discovery:

11/2/2017

Plan as Required by FRCP 26(f) and Local Civil Rule 26(f):

11/9/2017

         Under FRCP 4(m), Plaintiff has a presumptive 90 days from the date of filing to complete service of process. On September 29, 2017, Plaintiff initiated service of process against the identified non-governmental defendants -- except Walton Investment Co., Inc. (which waived service of process) -- under FRCP 4(d), requesting waiver of the summons. Defendants receiving a request for waiver of service have up to 60 days from the date the waiver request was sent to answer the complaints or file a Rule 12 motion. FRCP 12(a)(1)(A)(ii) Plaintiff delivered process to the local United States Attorney and/or her civil process clerk on October 30, 2017, pursuant to FRCP 4(i)(1)(A)(i) and (ii). The United States has 60 days after service to answer. FRCP 12(a)(2).

         Not all parties have confirmed receipt of service of process in this action, though it service has been initiated with respect to all defendants except the unknown defendants. Defendant Walton Investment Co., Inc. waived service of process on November 1, 2017, but has not yet filed a formal appearance in this ...


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