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Certain Underwriters v. Pettit

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

May 11, 2018

CERTAIN UNDERWRITERS at LLOYD'S, LONDON, Subscribing to Policies Numbered 8029663, 8001778, 8071754, 8072492, 8072737, and 8071620, Plaintiffs,
v.
JEFF PETTIT, an individual, Defendant.

         IN ADMIRALTY

          NICOLL BLACK & FEIG PLLC, Christopher W. Nicoll, WSBA No. 20771, Chris P. Reilly, WSBA No. 25585 Attorneys for Plaintiff Certain Underwriters At Lloyds

          LEE SMART, P.S., INC., Donna M. Young, WSBA No. 15455 Attorneys for Defendant Jeff Pettit

          STIPULATED MOTION TO AMEND CASE SCHEDULE

          RICARDO S. MARTINEZ, CHIEF UNITED STATES DISTRICT JUDGE.

         I. INTRODUCTION

         Pursuant to Federal Rule of Civil Procedure 16(b)(4) and Local Civil Rules 7(d)(1), 7(j), 10(g) and 16(b)(4) the parties, plaintiff CERTAIN UNDERWRITERS at LLOYD'S, LONDON, Subscribing to Policies Numbered 8029663, 8001778, 8071754, 8072492, 8072737, and 8071620 (“Plaintiffs”), and defendant, Jeff Pettit (“Defendant”) by and through their respective counsel, jointly move this Court for an order extending the discovery deadline set forth in the Court's December 13, 2017 Order Continuing Discovery Deadlines (Dkt. 28) as follows:

Case Event

Current Deadline

New Deadline

Discovery Completed By

February 16, 2018

June 8, 2018, limited to Defendant supplementing the report and opinions of expert witness Mark Nordstrom once, and Plaintiffs having an opportunity to re-depose Mr. Nordstrom on the newly disclosed opinions

Deadline for Filing Motions related to limited additional discovery

January 2, 2018

June 22, 2018, but only for motions related to the limited additional discovery.

         II. RELEVANT FACTS AND BASES FOR STIPULATED MOTION

         The trial in this matter was recently continued into October due to a conflict in the Court's docket. Defendant has a supplemental report from expert Mark Nordstrom to disclose and has sought to reopen discovery for the sole purpose of disclosing the Nordstrom supplemental report and providing Plaintiffs with an opportunity to depose Nordstrom. The parties have agreed that Plaintiffs will not oppose the opening of discovery for the sole purpose of supplementing the Nordstrom expert report so long as Defendant produces Nordstrom for a deposition no later than June 8, 2018. The parties further agree that the expert expense for the first hour of Mr. Nordstrom's further deposition will be at Defendant's expense. No other discovery is approved, contemplated or requested by the parties at this time.

         The parties also request that the discovery motion deadline be extended to June 22, 2018, for the limited purpose of allowing the parties to raise any disputes arising out of the limited additional discovery contemplated by this stipulated motion. While the parties do not believe there will be any such disputes, they do not want to be without a remedy if such disputes arise.

         III. CONCLUSION

         By this Motion, the parties propose a new discovery deadline for the limited purpose of disclosing the Nordstrom report and deposing Nordstrom as described above, together with an associated limited re-opening of the discovery motion deadline. The parties therefore jointly request that the Court amend the case schedule as set forth above and in the concurrently filed Proposed Order.

         ORDER

         Pursuant to the above stipulated motion, the Court hereby orders that the pre-trial deadlines in this matter be ...


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