AGCS Marine Insurance Company et al v. Expeditors International of Washington Inc et al, No. 2:2019cv00718 - Document 17 (W.D. Wash. 2020)
Court Description: ORDER granting Parties' 16 Stipulated Motion to Extend Case Schedule Due to COVID-19 Quarantine: Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 10/5/2020, Rebuttal Expert Disclosure/Reports due by 11/2/2020, Discovery Motions due by 11/5/2020, Discovery to be completed by 11/24/2020, Dispositive motions due by 12/31/2020. Signed by Judge David W. Christel.(MW)
Download PDF
<![CDATA[
AGCS Marine Insurance Company et al v. Expeditors International of Washington Inc et al Doc. 17 THE HONORABLE RICHARD A. JONES THE HONORABLE DAVID W. CHRISTEL 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 9 10 11 12 AGCS MARINE INSURANCE COMPANY, GOODRICH CORPORATION, GOODRICH AEROSPACE CANADA LTD., and UNITED TECHNOLOGIES CORPORATION, 15 16 NO. 19-718-RAJ-DWC JOINT STIPULATED MOTION AND ORDER TO EXTEND CASE SCHEDULE DUE TO COVID-19 QUARANTINE Plaintiffs, 13 14 IN ADMIRALTY v. EXPEDITORS INTERNATIONAL OF WASHINGTON, INC. and EXPEDITORS INTERNATIONAL FORWARDING, 17 Defendants. 18 19 COME NOW the above-named parties by and through their counsel of record and 20 respectfully submit their Joint Stipulated Motion to Extend Case Schedule Due to COVID- 21 19 Quarantine. 22 BACKGROUND 23 This case involves a claim for damage to a landing gear strut bearing shipped 24 between Dubai, UAE and Miami, Florida in May 2018 when the crate in which it was 25 transported fell off a forklift at Defendant’s warehouse in Miami. The primary issues in the JT STIP MTN AND [PROPOSED] ORDER TO EXTEND CASE SCHEDULE DUE TO COVID-19 (No. 19-718-RAJ-DWC) - 1 Gaspich Law Office PLLC 8094 Barthrop Pl NE Bainbridge Island, WA 98110 Tel. (206) 956-4204 Fax: (206) 956-4214 Dockets.Justia.com 1 2 3 case involve the applicability and amount of a liability limitation and the cause of the damage. The Complaint was filed on May 14, 2019 (dkt 1). Following service, the parties 4 engaged in extensive settlement discussions to try to resolve the claim, but were 5 unsuccessful. An Answer to the Complaint was filed on 10/15/19 (dkt 8). The Court issued 6 an Order Regarding Initial Disclosures, Joint Status Report and Early Settlement on 7 11/13/19 (dkt 12). The parties exchanged Initial Disclosures on 12/18/19 and filed their 8 Joint Status Report and Discovery Plan on 12/20/19 (dkt 14). On 1/3/20, the Court issued an 9 Initial Pretrial Scheduling Order setting a discovery cut off of 7/20/20 and a dispositive 10 motion filing deadline of 8/20/19 (dkt 15). No trial date has yet been set. 11 DISCOVERY 12 The parties anticipate that the primary issue in the case, i.e., the liability limitation, 13 14 15 can be resolved by motion practice, after which settlement discussions will take place. The parties need to depose witnesses related to the issues; the witnesses reside in Seattle and 16 Miami. Plaintiffs’ counsel is in Seattle, and Defendants’ counsel is located in Long Beach, 17 California. It was necessary to coordinate scheduling and travel to take these depositions. 18 Plaintiff’s counsel, a solo practitioner, was involved with depositions between late January 19 and mid-February in a different case. The parties were unable to begin these depositions 20 until March and expected to be in a position to file cross motions for partial summary 21 22 judgment on the liability limitation issue in either June or July. THE COVID-19 QUARANTINE 23 1. The State of Washington’s Restrictions 24 On 1/21/20, the Washington State Department of Health confirmed the first known 25 U.S. case of COVID-19, a respiratory illness that can cause serious illness or death, in JT STIP MTN AND [PROPOSED] ORDER TO EXTEND CASE SCHEDULE DUE TO COVID-19 (No. 19-718-RAJ-DWC) - 2 Gaspich Law Office PLLC 8094 Barthrop Pl NE Bainbridge Island, WA 98110 Tel. (206) 956-4204 Fax: (206) 956-4214 1 2 3 Snohomish County, Washington. State of Emergency Proclamation by Governor Inslee, No. 20-05 (“Proclamation”). On 1/31/20, the U.S. Department of health and Human Services declared a public 4 health emergency due to COVID-19, designating the risk as “high.” Id. Over the next 5 month, 66 cases of COVID-19 were identified throughout the United States, with increasing 6 cases in Washington. Id. By the end of February, the Washington Department of Health 7 confirmed localized person-to-person spread, which significantly increased the risk of 8 exposure and infection to the general public. Id. 9 On February 29, 2020, the State of Washington issued a proclamation declaring a 10 State of Emergency due to the COVID-19 pandemic after the first death from the disease 11 was reported. Id. Through mid-March, Washington experienced the highest number of 12 COVID-19 cases per capita in the U.S. By March 13th, confirmed cases of COVID-19 had 13 14 15 16 17 spread to 15 Washington counties, comprising 75% of the State’s population. Proclamation by Governor Inslee, No. 20-09. On 3/13/20, Governor Inslee closed all K-12 schools due the significant role of children in transmitting respiratory viruses. Id. On March 23, 2020, the State of Washington issued a full “Stay At Home” Order, 18 requiring all businesses to close, except for those deemed essential, and required all persons 19 to maintain “social distancing” of at least six feet. 20 21 22 2. The State of Florida’s Restrictions On 3/1/20, the State of Florida Department of Public Health declared the existence of a Public Health Emergency due to COVID-19. On 3/9/20, Governor DeSantis issued 23 Executive Order 20-52 declaring a State of Emergency for the entire State of Florida due to 24 COVID-19. On 3/20/20, Governor DeSantis issued Executive Order 20-70 adopting and 25 applying the Center for Disease Control guidance for social distancing and limiting the size JT STIP MTN AND [PROPOSED] ORDER TO EXTEND CASE SCHEDULE DUE TO COVID-19 (No. 19-718-RAJ-DWC) - 3 Gaspich Law Office PLLC 8094 Barthrop Pl NE Bainbridge Island, WA 98110 Tel. (206) 956-4204 Fax: (206) 956-4214 1 2 3 of gatherings, and closing restaurants and other food service businesses with seating for more than 10 people in Miami-Dade County. On 3/11/20, the Mayor of Miami-Dade County, Florida issued a Declaration of Local 4 State of Emergency in connection with the COVID-19 virus due to the health risk posed to 5 local residents, which allowed him to issue orders necessary to protect life. On 3/21/20, the 6 Mayor of Miami-Dade County, Florida issued Emergency Order 09-20, closing local hotels 7 except for Essential Lodgers. 8 9 On 3/23/20, Governor DeSantis issued Executive Order 20-80, which required “all persons whose point of departure originates from outside the State of Florida in an area with 10 substantial community spread … and entering the State of Florida through airports to isolate 11 or quarantine for a period of 14 days from the time of entry into the State of Florida or 12 duration of the person’s presence in the State of Florida, whichever is shorter.” 13 14 15 16 These Orders effectively precluded the parties from taking depositions in Florida. 3. This Court’s Restrictions and Continuances of Trials On 3/6/20, Chief Judge Martinez issued General Order 01-20, recognizing the spread 17 and significant health risk posed by the COVID-19 virus and continuing in court 18 appearances in civil and criminal cases for 30 days. On 3/17/20, General Order 02-20 was 19 issued, which closed the courthouse and continued all civil and criminal trials through 20 6/1/20. On 3/30/20, Chief Judge Martinez issued General Order 04-20 in response to the 21 22 “developing outbreak” of COVID-19. That Order noted the Judicial Conference of the United States found that emergency conditions due to the national emergency declared by 23 the President would materially affect the Federal courts by restricting in person access and 24 authorized the use of video or telephone conferencing for various proceedings in criminal 25 cases, subject to consent of the defendant. If such consent was not given, the Court noted JT STIP MTN AND [PROPOSED] ORDER TO EXTEND CASE SCHEDULE DUE TO COVID-19 (No. 19-718-RAJ-DWC) - 4 Gaspich Law Office PLLC 8094 Barthrop Pl NE Bainbridge Island, WA 98110 Tel. (206) 956-4204 Fax: (206) 956-4214 1 2 3 4 this “may be considered as grounds for a continuance or other appropriate relief in the interests of justice” since “hearings currently cannot be conducted in person without seriously jeopardizing public health and safety.” On 4/13/20, the Court issued General Order 07-20, continuing the procedures 5 outlined in its prior Orders for 30 days and finding in light of “the effect of the [current] 6 public health situation on the witnesses, counsel, and Court staff,” continuing criminal cases 7 outweighed “the best interests of the public and any defendant’s right to a speedy trial.” 8 9 4. Reopening of Businesses and the Court On May 1, 2020, the State of Washington announced an extension of its existing Stay 10 at Home Order, but allowed for reopening of businesses in four phases. Each phase was to 11 last a minimum of three weeks. The First phase, which began on May 5th, allowed 12 resumption of limited activities such as certain construction projects, drive-in faith services, 13 14 15 vehicle sales, pickup retail services, and limited outdoor recreation. The Second phase would allow, among other things, outdoor gatherings of less than 5 people and reopening of 16 professional services/office based businesses, although telecommuting was still strongly 17 encouraged. King County has not qualified to enter Phase 2, but applied on 5/27/20 for a 18 “modified Phase 1” reopening of some outdoor dining, salons and retail, and small private 19 outdoor gatherings. If granted, this would not include in office depositions, although it 20 appears such activities may begin in the next 30 days. 21 22 On 5/4/20, Governor DeSantis issued Executive Order 20-112, directing that Florida would start Phase 1 of the of the plan published by the “Task Force to Re-Open Florida” 23 allowing limited reopening of restaurants. However, the Order “strongly encouraged” 24 people with conditions making them susceptible to the COVID-19 virus to continue to stay 25 home, to “avoid non-essential travel,” and to follow CDC isolation guidelines if coming JT STIP MTN AND [PROPOSED] ORDER TO EXTEND CASE SCHEDULE DUE TO COVID-19 (No. 19-718-RAJ-DWC) - 5 Gaspich Law Office PLLC 8094 Barthrop Pl NE Bainbridge Island, WA 98110 Tel. (206) 956-4204 Fax: (206) 956-4214 1 2 3 4 5 from an area with a “significant presence of COVID-19.” Moreover, this Order continued in effect prior Executive Order 20-80 requiring people coming into the State from an area of substantial spread of the virus to quarantine for 14 days upon entry. On 5/8/20, Governor DeSantis issued Executive Order 20-114 extending the State of Emergency Due to COVID-19 in Florida by 60 days. 6 On 5/27/20, the Mayor of Miami-Dade County, Florida extended the State of Local 7 Emergency Declaration, first entered on 3/11/20. The Mayor also issued Emergency Order 8 23-20, which rescinded the previous closure order for hotels. However, the Order required 9 social distancing, hand washing, wearing of face masks or coverings, etc. for hotel guests. 10 On 5/13/20, the Court issued General Order 08-20. This Order noted that limited in11 person court operations may be appropriate to resume by 8/3/20 given the continuing health 12 risk and the fact that King County remains in Phase 1 of reopening that prohibits indoor 13 14 15 16 business activities except for essential services. Accordingly, the Court ordered that all civil and criminal trials shall be further continued until 8/3/20. This is a period of 5 months since trials were first suspended. 17 5. Alternative Means of Conducting Depositions 18 The Federal Rules of Civil Procedure allow parties to agree to use of video or 19 telephonic depositions. The parties have explored these alternative methods for purposes of 20 taking these depositions, but did not find them adequate in this case. The parties wish to 21 22 depose witnesses in person, but will continue to evaluate these options in view of the existing public health risk. 23 REQUEST FOR RELIEF 24 The parties estimate that the coronavirus quarantine has and will continue to delay 25 discovery in this case by at least four (4) months, given the restrictions on travel and JT STIP MTN AND [PROPOSED] ORDER TO EXTEND CASE SCHEDULE DUE TO COVID-19 (No. 19-718-RAJ-DWC) - 6 Gaspich Law Office PLLC 8094 Barthrop Pl NE Bainbridge Island, WA 98110 Tel. (206) 956-4204 Fax: (206) 956-4214 1 2 restarting business activities in both Washington and Florida. They have been unable to complete necessary discovery due to COVID-19 quarantine orders and a well-founded fear 3 of contracting the virus (e.g. plaintiff’s counsel is over 60 yo). Their inability to take 4 depositions of necessary witnesses affects all other dates in the case, and relief from the 5 current deadlines is necessary. 6 7 8 9 According, the Parties move the Court for a four month extension of the pending case schedule as follows: Disclosure of Expert Reports under FRCP 26(a)(2) 10/5/20 Disclosure of Rebuttal Expert Reports under FRCP 26(a)(2) 11/2/20 All motions related to discovery must be filed by 11/5/20 Discovery completed by 11/24/20 Dispositive motions deadline 12/31/20 10 11 12 13 14 The parties believe based on best available information and barring further 15 extensions of the pending State quarantine orders, either now or in the future, they can 16 complete discovery and prepare the case for trial by these dates. 17 DATED this 4th day of June, 2020. 18 19 20 21 22 23 24 25 GASPICH LAW OFFICE PLLC ROBERTS & KEHAGIARAS LLP s/Anthony J. Gaspich Anthony J. Gaspich, WSBA No. 19300 Attorneys for Plaintiff AGCS Marine Insurance Co., Goodrich Corp., Goodrich Aerospace Canada Ltd., and United Technologies Corp. Tele. (206) 956-4204 Fax (306) 956-4214 tony@gaspichwilliams.com s/Cameron W. Roberts Cameron W. Roberts, WSBA No. 25637 Attorneys for Defendant Expeditors International of Washington, Inc. Tele: (310) 642-9800 Fax: (310) 868-2923 cwr@tradeandcargo.com JT STIP MTN AND [PROPOSED] ORDER TO EXTEND CASE SCHEDULE DUE TO COVID-19 (No. 19-718-RAJ-DWC) - 7 Gaspich Law Office PLLC 8094 Barthrop Pl NE Bainbridge Island, WA 98110 Tel. (206) 956-4204 Fax: (206) 956-4214 ORDER 1 2 3 The Parties having jointly moved to Amend the Case Schedule, and having demonstrated good case to extend such dates, 4 NOW, THEREFORE, 5 IT IS HEREBY ORDERED that the trial and all associated case dates be continued 6 7 according to the Parties’ proposed amended case schedule, as set forth above. ENTERED THIS 8th day of June, 2020. 8 9 A 10 David W. Christel United States Magistrate Judge 11 12 13 14 Presented by: 15 GASPICH LAW OFFICE PLLC 16 17 18 19 20 s/Anthony J. Gaspich Anthony J. Gaspich, WSBA No. 19300 Attorneys for Plaintiff AGCS Marine Insurance Co., Goodrich Corp., Goodrich Aerospace Canada Ltd., and United Technologies Corp. Tele. (206) 956-4204 Fax (306) 956-4214 tony@gaspichwilliams.com 21 22 ROBERTS & KEHAGIARAS LLP 23 24 25 s/Cameron W. Roberts Cameron W. Roberts, WSBA No. 25637 JT STIP MTN AND [PROPOSED] ORDER TO EXTEND CASE SCHEDULE DUE TO COVID-19 (No. 19-718-RAJ-DWC) - 8 Gaspich Law Office PLLC 8094 Barthrop Pl NE Bainbridge Island, WA 98110 Tel. (206) 956-4204 Fax: (206) 956-4214 1 2 3 4 5 Attorneys for Defendant Expeditors International of Washington, Inc. Tele: (310) 642-9800 Fax: (310) 868-2923 cwr@tradeandcargo.com CERTIFICATE OF SERVICE I hereby certify that on June 4, 2020, I electronically filed the foregoing with the 6 Clerk of the Court using the CM/ECF, which will send notification of such filing to: 7 Cameron W. Roberts, Esq. at cwr@tradeandcargo.com 8 9 10 s/Anthony J Gaspich Anthony J. Gaspich 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JT STIP MTN AND [PROPOSED] ORDER TO EXTEND CASE SCHEDULE DUE TO COVID-19 (No. 19-718-RAJ-DWC) - 9 Gaspich Law Office PLLC 8094 Barthrop Pl NE Bainbridge Island, WA 98110 Tel. (206) 956-4204 Fax: (206) 956-4214
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
