United States District Court, W.D. Washington, Seattle
MICROTOUCH, L.L.C. and 30/10 WEIGHT LOSS, LLC, Plaintiffs,
PAIGE DOYLE, AWAKEN 180 INC., NEWTON WEIGHTLOSS, LLC, PEABODY WEIGHTLOSS, LLC, QUINCY WEIGHTLOSS, LLC, and SEEKONK WEIGHTLOSS, LLC, Defendants. PAIGE DOYLE, AWAKEN 180 INC., NEWTON WEIGHTLOSS, LLC, PEABODY WEIGHTLOSS, LLC, QUINCY WEIGHTLOSS, LLC, and SEEKONK WEIGHTLOSS, LLC, Counterclaimants/Third Party Plaintiffs,
MICROTOUCH, L.L.C. and 30/10 WEIGHT LOSS, LLC, Counterclaim Defendants, and DR. ROCCO NELSON, an individual; and DR. LINDA DEGROOT (and their marital community); and one or more JOHN DOES, currently not known to Third Party Plaintiffs, Third Party Defendants.
TOUSLEY BRAIN STEPHENS PLLC Kim D. Stephens, Janissa A.
Strabuk, Cecily C. Shiel, BUCHALTER LAW FIRM Bradley P.
Thoreson, Attorneys for Plaintiffs/Counterclaim-Defendants
Microtouch, L.L.C. And 30/10 Weight Loss, LLC.
LAW FIRM PLLC Howard E. Bundy, Caroline Fichter, Eric H.
Karp, Admitted Pro Hac Vice Witmer, Karp, Warner & Ryan
LLP Attorneys for Defendants, Counterclaimants, and Third
STIPULATION AND [PROPOSED]
ORDER TO EXTEND THE DISCOVERY CUTOFF FOR LIMITED PURPOSE OF
HONORABLE MARSHA J. PECHMAN UNITED STATES DISTRICT JUDGE.
Microtouch, L.L.C. and 30/10 Weight Loss, LLC, and Defendants
Paige Doyle, Awaken 180 Inc., Newton Weightloss, LLC, Peabody
Weightloss, LLC, Quincy Weightloss, LLC, and Seekonk
Weightloss, LLC, for good cause detailed below, jointly move
the Court to extend the discovery deadline in this matter by
three (3) weeks-from July 13, 2018 to August 3, 2018-for the
limited purpose of completing lay and expert witness
depositions. All Parties are in agreement and do not oppose
the extension of the discovery deadline for this purpose.
Accordingly, pursuant to LCR 10(g), the Parties submit this
about December 11, 2017, this Court set July 13, 2018 as the
deadline for the completion of discovery. This deadline
remains in place today. The Parties are working to complete
document discovery by this date, but have reached an
agreement to schedule depositions beyond the discovery date
to ensure there is sufficient time to complete document
production and review of documents before deposing witnesses,
and to facilitate the scheduling of lay and expert
cause exists for extending the discovery date at issue. The
Parties have been working to ensure that production of
documents can be completed by the existing discovery cutoff
of July 13, 2018. The Parties have met and conferred on the
remaining ESI sources for document discovery, and have been
in contact regarding anticipated timelines for these ESI and
document productions. It is clear from these communications
that the Parties may require until July 13, 2018 to complete
their document search and production processes.
discovery is progressing through the Parties'
cooperation, the Parties anticipate that an additional three
weeks will be required to complete deposition discovery. Both
Plaintiffs and Defendants wish to take depositions in this
case of lay and expert witnesses, and will need additional
time after document production is complete to review
documents and prepare for these depositions. For example,
Plaintiffs want to depose Defendant Paige Doyle, but will
require receipt of her documents before they are able to do
so in a productive manner. Defendants will not be able to
complete their production of all responsive documents until
the present July 13 deadline. If Plaintiffs are forced to
depose key witnesses before those witnesses' document
productions are complete, this could result in hardship and
could even result in the unfortunate need to reopen or take
additional depositions regarding newly disclosed evidence,
resulting in unnecessary burden and delay.
date, the Parties have worked together to schedule
depositions throughout the month of July and have reached an
agreement on proposed dates for the depositions of key lay
witness and expert witness depositions. All of the proposed
depositions can be completed on or before August 3, 2018.
This brief three-week extension to complete deposition
discovery would not result in the need to modify any other
remaining deadlines, and would ensure that fair and fulsome
discovery is achieved.
Court thus has good cause to extend the deadline for
completion of lay and expert depositions.
of the foregoing reasons, this Court should grant this
Stipulation and extend the discovery deadline to August 3,
2018 for the limited purpose of conducting deposition
Requested Extended Deadline
Deadline to Complete Document Discovery
July 13, 2018
Deadline to Complete Deposition Discovery
July 13, 2018
August 3, 2018