United States District Court, W.D. Washington, Seattle
RACHEL A. PRICE, an individual; and TESSA V. GEHARDT, an individual, Plaintiffs,
EQUILON ENTERPRISES, LLC, d/b/a SHELL OIL PRODUCTS US, a Delaware Limited Liability Company, Defendant.
WILLIAMS KASTNER Sheryl J. Willert, WSBA #08617 Jeffery M.
Wells, WSBA #45840 Attorneys for Defendants
BRESKIN JOHNSON & TOWNSEND PLLC Daniel F. Johnson, WSBA
No. 27848 Cynthia J. Heidelberg, WSBA No. 44121 Attorneys for
STIPULATED MOTION AND ORDER TO CONTINUE TRIAL DATE
AND EXTEND EXISTING PRETRIAL DEADLINES
J. Pechman United States District Judge.
Parties, by and through their attorneys of record, hereby
submit this Stipulated Motion to Continue Trial Date and to
Extend Existing Pretrial Deadlines. The Parties jointly
request an Order continuing the current November 19, 2018
trial date until June 3, 2019, or as close a date thereto as
the Court's schedule permits. The parties additionally
request that all pretrial deadlines be continued commensurate
with the new trial date. This is the first request for a
continuance in this case.
STATEMENT OF FACTS
Rachel Price and Tessa Gehardt work for Defendant Equilon
Enterprises, LLC (“Shell”) in Shell's
Laboratory in Anacortes, Washington. They bring claims of
retaliation and discrimination under the Washington Law
Against Discrimination, RCW 49.60 (“WLAD”), and
allege that they were passed over for promotion in favor of
less qualified, heterosexual men, after having complained of
a hostile work environment, discrimination on the basis of
gender, and discrimination on the basis of sexual
orientation. The instant case involves promotions that Ms.
Price and Ms. Gehardt applied for in 2014 and 2015. Defendant
denies all claims.
Basis for Continuance
case is closely related to an earlier-filed case involving
the same parties, entitled Price et al. v. Equilon
Enterprises LLC, no. 2:11-cv-1553 (“Price
I”), over which Judge Coughenour is presiding. Price I
involves similar claims of gender and sexual orientation
discrimination under the WLAD, but is based on promotions
that Plaintiffs sought and were denied in 2011 and 2012.
of 2014, Plaintiffs tried their claims in Price I. After a
defense verdict was entered, Plaintiffs appealed and
continued to work in the Lab. During the pendency of the
appeal, Plaintiffs allege that they experienced continued
discrimination and retaliatory treatment, including being
passed up for a promotion for a third and fourth time. In
2017, the 2014 jury verdict in Price I was vacated and the
case remanded for a new trial.
Judge Coughenour denied Plaintiffs leave to amend their
complaint in the first action to add claims related to the
more recent promotions, Plaintiffs filed the instant lawsuit
(“Price II”). After filing this lawsuit,
Plaintiffs also requested that Judge Coughenour consolidate
the two cases because they involve common issues of law and
fact, identical parties, and overlapping witness lists. That
request was denied.
Price I was originally scheduled for trial on March 26, 2018,
due to criminal trials scheduled for that date Judge
Coughenour re-set it for December 3, 2018 (no. 2:11-cv-1553,
dkt. 245). This creates a clear conflict with the scheduled
trial in this case for November 19, 2018. Both parties ...