United States District Court, W.D. Washington, Seattle
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.
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.
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.
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).
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.)
STATE OF ISSUE
this Court should continue the pretrial deadlines as there is
good cause to do so?
EVIDENCE RELIED UPON
Declaration of ...