United States District Court, W.D. Washington, Seattle
DEVIN A. WHITTIER, individually, Plaintiff,
SEATTLE TUNNEL PARTNERS, a joint venture; HARRIS REBAR SEATTLE, INC., a Delaware corporation, Defendants
COCHRAN VERTETIS AMALA PLLC Darrell L. Cochran, Kevin M.
Hastings Attorneys for Plaintiff
BRISBOIS BISGAARD & SMITH, LLP Michael A. Jaeger, Keith
COCHRAN VERTETIS AMALA, PLLC Darrell L. Cochran, Kevin M.
TORRONE LAW OFFICES, LLC R. Randall Harrison, Attorney for
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
S. LASNIK, JUDGE.
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.
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.
parties anticipate a trial continuance of roughly 5 to 6
months from the current trial date.
MOTION is based upon all applicable court rules, the
affidavit of counsel appended hereto, as well as in the
interest of justice.
KEVIN M. HASTINGS, hereby declare under penalty and perjury
under the laws of the State of Washington that the following
is true and correct:
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.
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.
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