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National Frozen Foods Corp. v. Berkley Assurance Co.

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

December 19, 2017

NATIONAL FROZEN FOODS CORPORATION, a Washington corporation, Plaintiff,
v.
BERKLEY ASSURANCE COMPANY, an Iowa corporation; AMWINS BROKERAGE OF ILLINOIS, a North Carolina Limited Liability Company; AMWINS BROKERAGE OF ARIZONA, a Delaware Limited Liability Company; and AMWINS GROUP LLC, a Delaware Limited Liability Company, Defendants.

          GORDON TILDEN THOMAS & CORDELL LLP, Attorneys for Plaintiff National Frozen Foods Corp. Dale L. Kingman, WSBA #07060, Greg D. Pendleton, WSBA #38361, Brendan Winslow-Nason, WSBA #39328

          SELMAN BREITMAN LLP, Attorneys for Defendant Berkley Assurance Company Peter J. Mintzer, WSBA #19995 Justin S. Landreth, WSBA #44849 Selman Breitman LLP

          MOUNT COTTON WOLLAN & GREENGRASS LLP, Attorneys for Defendant Berkley Assurance Co. Jeffrey S. Weinstein* Diana McMonagle* Mound Cotton Wollan & Greengrass LLP *Admitted Pro Hac Vice

          ANDREWS SKINNER P.S. Attorneys for AmWins Defendants Stephen G. Skinner, WSBA #17317 Alison L. Markette, WSBA #46477 Andrews Skinner P.S.

          STIPULATED MOTION AND ORDER AMENDING ORDER SETTING TRIAL DATE AND RELATED DATES

          RICARDO S. MARTINEZ, CHIEF UNITED STATES DISTRICT JUDGE

         STIPULATION

         The parties, by and through their counsel of record, hereby stipulate and agree to this joint request to the Court to amend the Court's Order Setting Trial Date and Related Dates (Dkt. 35). The reasons justifying the proposed change are as follows:

. The AmWINS defendants were added as parties on November 6, 2017, and are not due to answer or otherwise respond to the First Amended Complaint until January 22, 2018. The AmWINS defendants have thus not had an opportunity to participate in discovery.
. Discovery between National Frozen Foods and Berkley Assurance Company was modestly delayed while the parties addressed terms of a protective order and while the venue issue was being litigated.

         The parties conducted a discovery conference on December 12, 2017, and agreed to submit a joint request to extend existing deadlines roughly six months. The proposed deadlines are set forth in the table below:

Event

Current Deadline

New Deadline

JURY TRIAL DATE

July 30, 2018

February 4, 2019

Length of Trial

5 days

5 days

Deadline for the AmWins Defendants to serve initial disclosures under FRCP 26(a)(1)

December 30, 2017

January 22, 2018

Deadline for joining additional parties

November 6, 2017

May 14, 2018

Deadline for amending pleadings

November 6, 2017

May 14, 2018

Disclosure of expert testimony under FRCP 26(a)(2)

January 31, 2018

August 8, 2018

Deadline for filing motions related to discovery. Any such motions shall be noted for consideration pursuant to LCR 7(d)(3)

March 2, 2018

September 10, 2018

Discovery completed by

April 2, 2018

October 8, 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))

May 1, 2018

November 6, 2018

Mediation per LCR 39.1(c)(3) if requested by the parties, HELD NO LATER THAN

June 15, 2018

December 21, 2018

All motions in limine must be filed by and noted on the motion calendar no later than the THIRD Friday thereafter

July 2, 2018

January 7, 2019

Agreed pretrial order due

July 18, 2018

January 23, 2019

Pretrial conference to be scheduled by the Court

Trial briefs, proposed voir dire questions, jury instructions, neutral statement of the case, and trial exhibits due

July 25, 2018

January 30, 2019

         ORDER

         IT IS ...


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