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Whittier v. Seattle Tunnel Partners

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

December 15, 2017

DEVIN A. WHITTIER, individually, Plaintiff,
v.
SEATTLE TUNNEL PARTNERS, a joint venture; HARRIS REBAR SEATTLE, INC., a Delaware corporation, Defendants

          PFAU COCHRAN VERTETIS AMALA PLLC Darrell L. Cochran, Kevin M. Hastings Attorneys for Plaintiff

          LEWIS BRISBOIS BISGAARD & SMITH, LLP Michael A. Jaeger, Keith M. Hayasaka

          PFAU COCHRAN VERTETIS AMALA, PLLC Darrell L. Cochran, Kevin M. Hastings.

          TORRONE LAW OFFICES, LLC R. Randall Harrison, Attorney for Plaintiff

          WOOD, SMITH, HENNING & BERMAN, LLP Timothy J. Repass, Gavin Radkey Attorney for Defendant Harris Rebar

          MOTION, STIPULATION, AND ORDER TO STRIKE TRIAL DATE, ORDER NEW JOINT STATUS REPORT, AND SET NEW CASE SCHEDULE

          ROBERT S. LASNIK, JUDGE.

         COMES NOW Plaintiff, by and through her undersigned attorneys of record, moves the Court to (1) strike the case schedule and trial date of June 4, 2018, (2) order the parties to submit a new joint status report, and (2) set a new case schedule.

         Plaintiff brings this motion based upon good cause. First, Plaintiff filed a motion for. leave to add the HNTB Corporation as a new party. Defendant Harris Rebar has stipulated to adding HNTB, and Defendant Seattle Tunnel Partners does not oppose the motion. It is anticipated that the HNTB Corporation will need additional time to conduct discovery. Second, Plaintiff recently had an MRI and learned that he has scarring to his liver and at least one kidney, which may be the source of his recent abdominal pains and bodily elimination issues. The etiology is currently unknown, but Plaintiff is undergoing treatment to determine the cause and best course of treatment, which is very likely to include referral to a gastroenterologist for further tests. The parties will need to consider this additional treatment for purposes of their expert disclosures. Finally, the parties are planning to conduct additional depositions that are necessary before finalizing expert reports.

         The parties anticipate a trial continuance of roughly 5 to 6 months from the current trial date.

         THIS MOTION is based upon all applicable court rules, the affidavit of counsel appended hereto, as well as in the interest of justice.

         I, KEVIN M. HASTINGS, hereby declare under penalty and perjury under the laws of the State of Washington that the following is true and correct:

         Darrell Cochran and myself appeared in this matter on Friday, December 1, 2017. We understand that the parties have currently filed a stipulated/unopposed motion for leave to add the HNTB Corporation as a new party. Likely, HNTB will need additional time to conduct discovery given the current deadlines. Striking the current trial date and case schedule and ordering the parties to confer with another joint statement would provide the Court with the information needed to set a new schedule for this case consistent with counsel's and the Court's existing trial docket.

         It has also come to my understanding that Plaintiff Devin Whittier recently had an MRI due to abdominal pain and bodily elimination issues he has been having. The MRI results indicate that Plaintiff may have internal scarring on his liver and at least one kidney that might be causing his symptomology. Right now, the etiology is undetermined, but Plaintiff is currently undergoing treatment, and it is very likely that he will be referred to a gastroenterologist for further testing. Additional time is needed for Plaintiff to have a more complete understanding of the nature and severity of his damages being claimed so that the parties consider such information in their expert opinions.

         Moreover, in reviewing the status of discovery, as well as discussing the matter with defense counsel, the currently named parties need to conduct additional discovery. The current case schedule and trial date does not leave sufficient time for the ...


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