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Federal Deposit Insurance Corp. v. Arch Insurance Co.

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

January 8, 2018

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. 2087, 2000 and 382 and WUERTTEMBERGISCHE VERSICHERUNG A.G. 2023889000007 as subscribers to the LLOYD'S POLICY and the COMPANIES INSURANCE POLICY NO. 509/QA015607, . Defendants.

          NOTE ON MOTION CALENDAR: January 5, 2018

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

          Robert A. Meyers, WSBA No. 24846 David Rhodes, pro hac vice Attorneys for Defendants Certain Underwriters at Lloyd's, London and Wurttembergische Versicherung A.G.

          Michael R. Scott, Michael R. Scott, WSBA #12822 Jake Ewart, WSBA #38655 Attorneys for Plaintiff Federal Deposit Insurance Corporation

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

          Herbert Matthew Munson WSBA No. 32019 Attorneys for Defendant Arch Insurance Company

          Alec H. Boyd, Kim W. West Attorneys for Defendant Arch Insurance Company

          Paul Schwartz, Andrew Shoemaker Attorneys for Plaintiff Federal Deposit Insurance Corporation

          STIPULATED MOTION AND [PROPOSEDj ORDER REGARDING RESETTING CERTAIN DISCOVERY AND MEDIATION DEADLINES

          HONORABLE ROBERT S. LASNK UNITED STATES DISTRICT COURT JUDGE

         STIPULATION

         The Parties to this action, by and through their undersigned counsel, jointly request that the Court modify the Amended Order Setting Trial Date and Related Dates (dkt #183) to extend certain discovery deadlines and the mediation deadline in light of developments in this case.

         First, the parties would like to extend the settlement conference deadline by one day, i.e., from February 28, 2018 to March 1, 2018, to accommodate mediator Jed Melnick's schedule. Second, the parties would like to extend the discovery cutoff and expert discovery deadlines due to practical and logistical issues associated with preserving testimony for trial from third party witnesses and production of historic documents concerning events that occurred at a bank that no longer exists. More specifically, the witnesses in this case are being asked to recall events and interpret documents that occurred in 2007 and earlier. Many of the witnesses are unavailable for trial, none work for Washington Mutual Bank at this time, the witnesses are spread across the country, there are logistical issues associated with scheduling their depositions, and the depositions are for trial testimony. Likewise, the FDIC-R has had logistical issues in locating and producing historic documents, and it has obtained additional documents that it is currently in the process of reviewing and producing relevant to certain witnesses. Accordingly, the parties need additional time to complete its trial depositions, and experts will rely upon this testimony. The parties have worked diligently to conduct eleven depositions (most of them in the past three months) in South Carolina, Florida, Washington, and Wisconsin. Additional depositions are scheduled in New York, London, Missouri, Texas and Oklahoma. The parties believe that they can complete their work within the proposed deadlines, and they are focused on preparing the case for a trial in June.

         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

January 20, 2018

February 23, 2.018

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

February 28, 2018

Supplemental/rebuttal reports from experts

March 9, 2018

Expert depositions completed by

February 20, 2018

March 23, 2018

Settlement conference held no later than

February 28, 2018

March 1, 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

March 23, 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

May 30, 2018

Length of Trial: 10-15 days

Jury


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