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Waste Action Project v. Fruhling Sand & Topsoil, Inc.

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

August 5, 2019

WASTE ACTION PROJECT, Plaintiff,
v.
FRUHLING SAND AND TOPSOIL, INC., Defendant.

          Marc Zemel, WSBA No. 44325 SMITH & LOWNEY PLLC Attorneys for Plaintiff Waste Action Project

          K. Michael Fandel, WSBA No. 16281, Douglas S. Morrison, WSBA No. 18769 MILLER NASH GRAHAM & DUNN LLP Attorneys for Defendant Fruhling Sand & Topsoil, Inc.

          STIPULATED MOTION AND ORDER TO EXTEND CASE SCHEDULE AND STRIKE NOTING DATE ON SUMMARY JUDGMENT MOTION

          RICARDO S. MARTINEZ, CHIEF UNITED STATES DISTRICT JUDGE

         Plaintiff Waste Action Project (WAP) and Defendant Fruhling Sand and Topsoil, Inc. (Fruhling) respectfully request that the Court extend all case deadlines in this matter by approximately three months and strike the noting date for WAP's Motion for Partial Summary Judgment (Dkt. 45), subject to re-noting at a later time. The parties propose the specific deadlines detailed below.

         The parties have separately stipulated to certain facts and issues to simplify this litigation and avoid unnecessary costs, and are engaged in settlement negotiations to resolve this matter. The parties have exchanged settlement proposals and have agreed to continue discussions in a diligent manner. The parties jointly move to extend the remaining case deadlines, including the trial date, and temporarily strike the noting date on WAP's Motion for Partial Summary Judgment to allow for the parties to pursue settlement without incurring additional costs associated with meeting litigation deadlines, which would be unnecessary if a settlement is reached. The parties agree that good cause exists to extend all deadlines, that the proposed extension will promote judicial efficiency, and that no party will be prejudiced by the requested extension. Accordingly, the parties request the Court enter an order extending the deadlines as detailed below. The parties also request the Court enter an order temporarily striking the noting date for WAP's Motion for Partial Summary Judgment, to be re-noted upon notice to the Court. Fruhling's response to WAP's motion would be due 14 days after notice to the Court, and WAP's reply and the noting date for the motion would be due 14 days thereafter.

Current Deadline

Proposed Deadline

Disclosure of expert testimony under FRCP 26(a)(2)

August 22, 2019

November 22, 2019

Deadline for filing motions related to discovery. Any such motions shall be noted for consideration pursuant to LCR 7(d)(3)

September 23, 2019

December 23, 2019

Discovery completed by

October 21, 2019

January 21, 2020

All dispositive motions must be filed by and noted on the motion calendar no later than the fourth Friday thereafter (see LCR 7(d))

November 20, 2019

February 20, 2020

Mediation per LCR 39.1(c)(3), if requested by the parties, held no later than

January 6, 2020

April 6, 2020

All motions in limine must be filed by and noted on the motion calendar no later than the THIRD Friday thereafter

January 21, 2020

April 21, 2020

Agreed pretrial order due

February 6, 2020

May 6, 2020

Pretrial conference to be scheduled by the Court

To be scheduled by the Court

To be scheduled by the Court

Trial briefs and proposed findings of fact and conclusions of law, designations of deposition testimony pursuant to LCR 32(e), and trial exhibits due

February 13, 2020

May 13, 2020

BENCH TRIAL DATE (5-7 days duration)

February 18, 2020

To be scheduled by the Court for around May 18, 2020

Fruhling Response to WAP's Motion for Partial Summary Judgment (Dkt. 45)

August 8, 2019

14 days following notice to the Court that the motion is re-noted

WAP Reply on Motion for Partial Summary Judgment (Dkt. 45)

August 16, 2019

28 days following notice to the Court that the motion is re-noted

Motion for Partial Summary Judgment (Dkt. 45) Noting Date

August 16, 2019

28 days following notice to the Court that the motion is re-noted

         ORDER

         Based on the above ...


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