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Mr 99 & Associates Inc. v. Continental Casualty Co.

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

June 24, 2019

MR. 99 & ASSOCIATES, INC., Plaintiff,
v.
CONTINENTAL CASUALTY COMPANY, Defendant.

          ORDER SETTING TRIAL DATE AND PRETRIAL SCHEDULE

          Brian A. Tsuchida Chief United States Magistrate Judge.

         The Court has reviewed the parties' Joint Status Report (Dkt. 18) and schedules this case for a two-day jury trial on October 19, 2020, at 1:30 pm, in Courtroom 14106, with the following pretrial schedule:

Event

Date

Deadline for joining additional parties

July 19, 2019

Deadline for the amendment of pleadings

August 16, 2019

Plaintiff's expert disclosures under FRCP 26(a)(2)

January 6, 2020

Defendant's expert disclosures under FRCP 26(a)(2)

February 3, 2020

Rebuttal expert disclosures

February 17, 2020

All motions related to discovery must be filed by (see CR7(d))

February 24, 2020

Discovery completed by

March 30, 2020

All dispositive motions must be filed by (see CR7(d))

April 27, 2020

All motions in limine must be filed by this date and noted on the motion calendar no later than the second Friday after filing

September 21, 2020

Agreed CR 16.1 Pretrial Order due

September 28, 2020

Pretrial conference in Courtroom 14106 to be held at 2:00 pm.

October 5, 2020

Trial briefs, proposed voir dire, jury instructions by Motions in limine raised in trial briefs will not be considered.

October 15, 2020

         This order sets firm dates that can be changed only by order of the Court, not by agreement of counsel for the parties. The Court will alter these dates only upon good cause shown. Failure to complete discovery within the time allowed is not recognized as good cause. If any of the dates identified in this Order or the Local Civil Rules fall on a weekend or federal holiday, the act or event shall be performed on the next business day.

         If the trial dates assigned to this matter creates an irreconcilable conflict, counsel must notify Deputy Clerk Agalelei Elkington in writing within 10 days of the date of this Order and must set forth the exact nature of the conflict. A failure to do so will be deemed a waiver. Counsel must be prepared to begin trial on the date scheduled, but it should be understood that the trial may have to await the completion of other cases.

         Discovery

         The parties exchanged Fed.R.Civ.P. 26(a) initial disclosures on June 14, 2019. Dkt. 18, p. 3. As required by CR 37(a), all discovery matters are to be resolved by agreement if possible. Counsel shall also cooperate in preparing the agreed pretrial order in the format required by CR 16.1, except as ordered below.

         Witness Lists and Exhibits

         The parties shall submit the agreed pretrial order in conformity with CR 16 and CR 16.1. The original and one copy of the trial exhibits are to be delivered to Judge Robart's courtroom deputy by close of business the Thursday before trial. Each exhibit shall be clearly marked. Plaintiff's exhibits shall be numbered consecutively beginning with 1; defendant's exhibits shall be numbered consecutively beginning with A-1. Duplicate documents shall not be listed twice: once a party has identified an exhibit in the pretrial order, any party may use it. Each set of exhibits shall be submitted in a three-ring binder with appropriately numbered tabs.

         Settlement and Mediation

          The parties are currently in settlement discussions and will immediately inform the Court if an early resolution is reached. Dkt. 18, p. 4. The parties may revisit the issue if a resolution is not reached and as the case progresses. Id. If this case settles, plaintiff's counsel shall notify Agalelei Elkington at (206) 370-8421 or via e-mail at: Agaleleielkington@ wawd.uscourts.gov, as soon as possible. Pursuant to CR11(b), an attorney who ...


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