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Germain v. Treif USA, Inc.

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

May 22, 2019

RUDY ST. GERMAIN, an individual, Plaintiff,
v.
TREIF USA, INC., d/b/a TREIF, TREIF USA, a Delaware corporation; and TREIF MASCHINENBAU GMBH, d/b/a TREIF, a German corporation, Defendants.

          Gabriella Wagner, Whitney L.C. Smith, WILSON SMITH COCHRAN DICKERSON, Attorneys for Defendants.

          Marta L. O'Brien Micah R. LeBank, CONNELLY LAW OFFICES, Attorneys for Plaintiff.

          STIPULATED JOINT MOTION AND ORDER TO AMEND CASE SCHEDULE

          THE HONORABLE JUDGE BARBARA J. ROTHSTEIN JUDGE.

         I. STIPULATION & JOINT MOTIO TO AMEND CASE SCHEDULE

         The parties Plaintiff Rudy St. Germain and Defendants Trief USA and Treif Maschinenbau GmbH by and through their counsel of record, hereby stipulate and seek an Order requesting that the Court amend the parties January 30, 2019 Stipulation and Order to Amend Case Schedule. Good cause exists for the requested relief herein. See FRCP 16(b) and LCR 16(b)(5).

         This case arises from the partial hand amputation of Rudy St. Germain while operating a meat cutting machine. Mr. St. Germain filed this lawsuit against the manufacturer and distributor of the machine. The parties' experts conducted a joint inspection of the machine on March 26, 2019. This was done in anticipation of meeting the May 31 deadline for exchanging expert reports. Part of the plan for the inspection was to disassemble certain parts of the machine, including the NI and A I controllers. During the inspection, it was discovered that both of these components may have been replaced at some point in the past five years. It was determined at this point that disassembly should not occur until the entity who may have replaced the components was notified of the inspection and had an opportunity to participate in the inspection. Following the inspection, maintenance and repair records on the machine were subpoenaed and received. The entity who did the replacement is being notified of the plan to continue with an inspection that includes partial disassembly of the machine. This process has delayed the planned inspection work by two months. For this reason, the parties request that the pretrial deadlines be extended by 60 days, with the exception of the dispositive motion deadline, which the parties request be extended by 30 days.

         For the foregoing reasons, the parties respectfully request that the Court grant the Stipulated Joint Motion to Amend Case Schedule with the new date for each respective deadline listed below:

Case Event

Previous Deadline

New Date

Deadline for joining additional parties

May 1, 2019

July 1, 2019

Deadline for filing Amended pleadings

May 15, 2019

July 15, 2019

Deadline for Expert Disclosures

May 31, 2019

July 30, 2019

Deadline for Completion of Discovery

July 6, 2019

September 4, 2019

Deadline for Filing Dispositive Motions

August 6, 2019

September 6, 2019

         The parties ask that all other deadlines in the original case scheduling order, including the trial date and pretrial deadlines, remain the same.

         ORDER

         THIS MATTER having come before the above-entitled Court upon the parties agreed Stipulation to Amend Case Schedule, in accordance with FRCP I 6(b) and LCR 16(b)(5), NOW THEREFORE it is hereby:

         ORDERED, ADJUDGED, AND DECREED that the case schedule will be amended according with the New deadlines set forth below:

Case Event

Previous Deadline

New Date

Deadline for joining additional parties

May 1, 2019

July 1, 2019

Deadline for tiling amended pleadings

May 15, 2019

July 15, 2019

Deadline for Expert Disclosures

May 31, 2019

July 30, 2019

Deadline for Completion of Discovery

July 6, 2019

September 4, 2019

Deadline for Filing Dispositive Motions

August 6, 2019

September 6, 2019


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