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Mansour v. British Airways PLC

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

October 31, 2019

ABDUL MANSOUR and JULIA MANSOUR, husband and wife, Plaintiffs,
v.
BRITISH AIRWAYS, PLC, a Foreign Corporation; HUNTLEIGH USA, Corporation, Defendants.

          Mark S. Northcraft, Northcraft Bigby PC Attorney for Defendants

          Franklin L. Smith, Attorney for Plaintiffs Law Offices of Franklin L. Smith Attorney for Plaintiffs

          STIPULATION AND ORDER TO CONTINUE PRETRIAL DEADLINES WITHOUT ORAL ARGUMENT

          BARBARA J. ROTHSTEIN United States District Judge.

         I. RELIEF REQUESTED

         Defendants British Airways, PLC and Huntleigh USA Corporation and Plaintiffs Abdul Mansour and Julia Mansour, hereby stipulate and move the Court for an order extending the pretrial deadlines as good cause exists as set forth below.

         II. FACTS

         This is a personal injury case against British Airways, PLC and Huntleigh USA brought by Plaintiff, Abdul Mansour, a disabled passenger who was injured in a fall while being unsuccessfully lifted aboard British Air Flight 0048 at SeaTac airport on January 10, 2018. (Dkt. #1 ¶3.5). Mr. Mansour was to be assisted onto the aircraft and to his seat by two employees of Huntleigh USA, with whom British Airways had contracted to provide such services to disabled passengers. (Id.) The plaintiffs filed their complaint for damages on December 7, 2018. (Dkt. #1). Defendant British Airways, PLC answered on March 5, 2019. (Dkt. # 20). Defendant Huntleigh USA answered on March 28, 2019. (Dkt.# 25). All parties in this case have diligently worked to complete discovery and counsel for all parties have fostered and shared an amicable working relationship that has served to facilitate discussions during the course of this lawsuit. The parties agree that the interests of justice would be furthered by additional discovery, including deposition testimony. The extra time for discovery and expert opinions will facilitate discussions regarding settling.

         Despite counsel's diligent efforts, key discovery still remains to be completed. Namely, Defendants need to have their expert perform an Independent Medical Exam. However, despite all parties' efforts to schedule the IME in a timely manner, the first date that the IME could be scheduled was November 18, 2019. (Declaration of Mark Northcraft, hereafter "Northcraft Decl." ¶1). Plaintiff has been travelling outside of the country, making it impossible to schedule the IME prior to mid-November. (Id.) Defendants' experts require the results from this IME to form their opinions and write their reports. Expert reports are currently due on October 31, 2019. (Dkt. #26).

         Further, Plaintiff desires to attend the depositions of Lenny Tala and Abdinasir Fahiye, the workers who were involved in the accident. (Northcraft Decl. ¶2). Therefore, the parties have not been able to schedule those depositions either, as Plaintiff is still out of the country. (Id.)

         III. STATE OF ISSUE

         Whether this Court should continue the pretrial deadlines as there is good cause to do so?

         IV. EVIDENCE RELIED UPON

         1. The Declaration of ...


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