United States District Court, W.D. Washington, Seattle
TIMTU WOLDEMARIAM, Parent and Guardian on behalf of EZANA KIDANE, a Disabled Student, Plaintiffs,
SEATTLE SCHOOL DISTRICT, a Washington Municipal Corporation, Defendants.
STIPULATED MOTION AND ORDER TO CONTINUE TRIAL DATE
AND MODIFY CASE SCHEDULE
RICARDO S. MARTINEZ CHIEF UNITED STATES DISTRICT JUDGE
parties hereby agree and request that this Court issue an
order continuing the discovery cutoff date from February 3,
2020, to April 27, 2020, continue the trial from June 1,
2020, to August 31, 2020, and to issue a new case schedule
continuing all other deadlines. A continuance will allow the
parties to continue with efforts to resolve the case while
limiting further fees and costs associated with completing
discovery on claims which include fee-shifting provisions.
Good cause warrants the continuance of these deadlines
because a continuance will improve the prospect of
discovery cutoff date in this case is currently set for
February 3, 2020 and the trial date is June 1, 2019. The
parties have been working diligently and cooperatively to
complete all necessary discovery prior to that date.
Currently, the parties are scheduling seven upcoming
depositions (two lay witnesses and two expert witness
depositions requested by plaintiff; one lay witness and two
expert witness depositions requested by defendant) over the
next several weeks to be completed prior to the discovery
claim was mediated unsuccessfully prior to suit being filed.
Following the recent deposition of Plaintiff's Guardian,
Timtu Woldemariam, on January 9, 2020, the parties discussed
settlement discussion status and agreed the upcoming seven
depositions would result in additional fees and costs
incurred to both parties, but which could be shifted solely
onto defendant if plaintiff prevails because this case
involves state and federal statutory claims with fee-shifting
the Court grant the requested continuance, the parties intend
to postpone these depositions while continuing efforts to
resolve the case. The parties are in agreement that the
requested continuance would limit fees and costs incurred by
both parties, allow additional time for productive settlement
negotiations, and thereby improve the prospect of resolution
of this case. Defense counsel currently have other trials set
for August 17, 2020, and September 13, 2020, in King County
Superior Court. Plaintiff's counsel has a trial scheduled
for August 3, 2020 in King County Superior Court.
ARGUMENT AND AUTHORITY
to Fed.R.Civ.P. 16(b)(4), LCR 16(b)(4), and the Court's
Order Setting Trial Date and Related Dates (Dkt. 13), a
scheduling order may only be modified for good cause and with
the Judge's consent.
discovery cutoff date currently set adversely impacts the
prospects of settlement because this is a case involving
statutory claims with fee shifting provisions. Allowing the
discovery cutoff date to be continued will allow the seven
upcoming depositions to be postponed, thereby limiting fees
and costs incurred by both parties, but which could
potentially be shifted solely to defendant if plaintiff
prevails. Limiting further fees and costs by allowing time to
postpone these depositions significantly improves the
potential that this case will settle.
parties agree that the requested continuance of the discovery
cutoff date, the trial date, and all other related deadlines,
would improve the prospect of resolution of this case and
constitutes good cause to modify the case schedule.
reasons stated herein, the parties respectfully request that
the Court continue the discovery cutoff date, trial date, and