Ride the Ducks Seattle LLC v. Ride the Ducks International LLC et al, No. 2:2019cv01408 - Document 57 (W.D. Wash. 2020)
Court Description: STIPULATION AND ORDER granting parties' 56 Stipulated Motion for Issuance of a New Case Schedule. Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 10/30/2020, Discovery Motions due by 12/18/2020, Discovery completed by 1/22/2021, Dispositive motions due by 2/12/2021, Motions in Limine due by 3/8/2021, Jury Trial is set for 4/5/2021 at 9:00 AM before Judge Marsha J. Pechman. Signed by Judge Marsha J. Pechman. (TH)
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Ride the Ducks Seattle LLC v. Ride the Ducks International LLC et al Doc. 57 Case 2:19-cv-01408-MJP Document 57 Filed 05/22/20 Page 1 of 7 1 2 3 Honorable Marsha J. Pechman 4 5 6 7 8 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 9 10 11 12 13 14 15 RIDE THE DUCKS SEATTLE, LLC, Plaintiff, No. 2:19-cv-01408-MJP [consolidated] v. RIDE THE DUCKS INTERNATIONAL, LLC, et al., Defendants. _____________________________________ STIPULATED MOTION FOR ISSUANCE OF A NEW CASE SCHEDULE NOTE ON MOTION CALENDAR: May 21, 2020 RIDE THE DUCKS INTERNATIONAL, LLC, Cross-Plaintiff, 16 v. 17 18 BRIAN TRACEY, et al. Defendants. 19 STIPULATION 20 21 Plaintiff Ride the Ducks of Seattle, LLC (“RTDS”), by and through its counsel of record, 22 Patricia K. Buchanan, D. Jack Guthrie, and Nicholas A. Carlson of Patterson Buchanan Fobes 23 & Leitch, Inc., P.S., and Defendants Ride the Ducks International, LLC (“RTDI”), Chris 24 Herschend and Jane Doe Herschend (“Herschend”) and Herschend Family Entertainment 25 Corporation (“HFEC”) (collectively “Defendants”), by and through their counsel of record, STIPULATED MOTION FOR ISSUANCE OF A NEW CASE SCHEDULE - 1 Dockets.Justia.com Case 2:19-cv-01408-MJP Document 57 Filed 05/22/20 Page 2 of 7 1 Rodney Umberger and Tyler Hermsen of Williams Kastner, stipulate and respectfully move the 2 Court for a new case schedule in light of serious delays and disruptions caused by the COVID- 3 19 public health emergency and the automatic bankruptcy stay that resulted in RTDS’s 4 bankruptcy petition. 5 On March 6, 2020, the Chief United States District Judge for the Western District of 6 Washington entered General Order No. 01-20 regarding changes to courthouse operations in 7 light of the outbreak of Coronavirus Disease 2019 (COVID-19). That order continued all matters 8 scheduled for in-Court appearances pending further order of the Court. 9 10 11 On March 17, 2020, General Order No. 02-20 was entered which further heightened the measures designed to protect the Court, parties and the legal community from COVID-19. That 12 order continued all civil hearing and trials that had been set prior to June 1, 2020 in addition to 13 closing both the Seattle and Tacoma Courthouses. 14 On March 18, 2020, RTDS filed for Chapter 7 Bankruptcy with the U.S. Bankruptcy 15 Court, Western District of Washington. See Petition No. 20-10883-TWD. After conferencing 16 17 with the parties, this Court observed that the matter was automatically stayed pending direction from the Bankruptcy Court and all pending motions, including cross motions for summary 18 judgment and discovery motions, were stricken due to the bankruptcy stay. 19 20 21 On April 13, 2020, General Order No. 07-20 was entered which extended the continuance of all civil hearings and trials another month to July 1, 2020. That order also acknowledged the 22 current inability to obtain adequate juror pools from which trials could secure juries while 23 observing necessary social distancing practices. 24 25 STIPULATED MOTION FOR ISSUANCE OF A NEW CASE SCHEDULE - 2 Case 2:19-cv-01408-MJP Document 57 Filed 05/22/20 Page 3 of 7 1 2 On May 5, 2020, the Bankruptcy Court lifted the automatic stay as to all matters related to this litigation. 3 On May 7, 2020, this Court ordered the parties to confer and present a revised case 4 schedule including a proposal for addressing the various motions and cross-motions that were 5 stricken as a result of the automatic bankruptcy stay. 6 7 On May 13, 2020, General order No. 08-20 was entered which further extended the continuance of all civil hearings and trial dates that were scheduled to occur before August 3, 8 2020. This matter is currently set for a three-week trial to begin on October 5, 2020. 9 10 11 Per order of the Court, the parties make this request for a new case schedule to most effectively and economically litigate the issues in this case. Significant challenges face the 12 parties, primarily stemming from public health concerns and the safety of the parties, witnesses, 13 and counsel due to the ongoing public health emergency posed by COVID-19. While the parties 14 have attempted to consider the present impact COVID-19 has on this litigation, including 15 limitations on travel, the taking of depositions, and courthouse closures, the parties cannot 16 17 predict how the impact of COVID-19 may change in the future. Based on the information available to the parties at this time and reasonable inferences regarding the significant backlog 18 of continued criminal and civil cases the parties present the following dates to be incorporated 19 20 21 22 23 24 25 into a new case schedule: Event Expert Opinions Due All Discovery Motions Filed Discovery Cutoff Dispositive Motions Motions in Limine Jury Trial STIPULATED MOTION FOR ISSUANCE OF A NEW CASE SCHEDULE - 3 New Date October 30, 2020 December 18, 2020 January 22, 2021 February 12, 2021 March 8, 2021 April 5, 2021 Case 2:19-cv-01408-MJP Document 57 Filed 05/22/20 Page 4 of 7 1 The parties also conferred regarding how the stayed motions should be addressed now that the 2 automatic bankruptcy stay has been lifted. All parties agree that the court should hear the motions 3 soon and that no additional briefing is necessary prior to the court considering the summary 4 judgment motions. The parties may file updated declarations as to the motion for contempt to 5 fully apprise the Court of relevant facts and developments since the prior hearing on that motion. 6 The defendants request that the motions all be noted for June 5, 2020. RTDS requests that the 7 motions be noted for the earliest convenient date for the court. The parties will make themselves 8 available for argument, should the Court call for argument, via video or teleconference consistent 9 10 11 12 13 with established social distancing practices and General Orders referenced above. AGREED AND STIPULATED TO on this 21st day of May, 2020. PATTERSON BUCHANAN FOBES & LEITCH, INC., P.S. 14 15 16 17 18 19 20 21 22 23 24 25 By: s/D. Jack Guthrie Patricia K. Buchanan, WSBA 19892 D. Jack Guthrie, WSBA 46404 Nicolas A. Carlson, WSBA 48311 Of Attorneys for Plaintiff 1000 Second Ave., 30th Floor Seattle, WA 98104 pkb@pattersonbuchanan.com djg@pattersonbuchanan.com nac@pattersonbuchanan.com WILLIAMS KASTNER & GIBBS PLLC By: s/Tyler J. Hermsen (via email approval)_ Rodney L. Umberger, WSBA #24948 Tyler J. Hermsen, WSBA #43665 Attorneys for Defendants 601 Union Street, Suite 4100 Seattle, WA 98101-2380 Telephone: (206) 628-6600 Fax: (206) 628-6611 rumberger@williamskastner.com thermsen@williamskastner.com STIPULATED MOTION FOR ISSUANCE OF A NEW CASE SCHEDULE - 4 Case 2:19-cv-01408-MJP Document 57 Filed 05/22/20 Page 5 of 7 1 2 3 ORDER THIS CAUSE CAME TO BE HEARD upon the above Stipulation of the parties, by and through their respective attorneys of record, seeking a new case schedule in light of the emergent 4 public health emergency posed by COVID-19 and the interruption caused by the automatic 5 6 7 bankruptcy stay. The Court finds good cause to set a new case schedule and thus the stipulated motion is hereby GRANTED. The new case deadlines shall be as follows: Event Expert Opinions Due All Discovery Motions Filed Discovery Cutoff Dispositive Motions Motions in Limine Jury Trial 8 9 10 11 New Date October 30, 2020 December 18, 2020 January 22, 2021 February 12, 2021 March 8, 2021 April 5, 2021 12 13 14 Additionally, the pending discovery motion and dispositive motions are noted for June 12, 2020. IT IS SO ORDERED AND ADJUDGED on this __22nd___ day of May, 2020. 15 17 A 18 Marsha J. Pechman United States Senior District Judge 16 19 20 Presented by: 21 PATTERSON BUCHANAN FOBES & LEITCH, INC., P.S. 22 23 24 25 By: s/D. Jack Guthrie Patricia K. Buchanan, WSBA 19892 D. Jack Guthrie, WSBA 46404 Nicholas Carlson, WSBA 48311 Of Attorneys for Plaintiff Ride the Ducks of Seattle, LLC, And Defendant Brian Tracey and Jane Doe Tracey STIPULATED MOTION FOR ISSUANCE OF A NEW CASE SCHEDULE - 5 Case 2:19-cv-01408-MJP Document 57 Filed 05/22/20 Page 6 of 7 1 2 3 1000 Second Ave., 30th Floor Seattle, WA 98104 Phone: (206) 462-6700 Fax: (206) 462-6701 pkb@pattersonbuchanan.com djg@pattersonbuchanan.com nac@pattersonbuchanan.com 4 5 6 7 8 WILLIAMS KASTNER & GIBBS PLLC By: s/Tyler J. Hermsen (via email approval)_ Rodney L. Umberger, WSBA #24948 Tyler J. Hermsen, WSBA #43665 Attorneys for Defendants 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 STIPULATED MOTION FOR ISSUANCE OF A NEW CASE SCHEDULE - 6 Case 2:19-cv-01408-MJP Document 57 Filed 05/22/20 Page 7 of 7 CERTIFICATE OF SERVICE 1 I hereby certify that on May 21, 2020, I caused the foregoing documents to be electronically 2 filed with the Clerk of the Court using the CM/ECF system, which will send notification of such filing 3 to the following: 4 5 6 7 8 9 10 11 12 13 14 Mr. Rodney Umberger, Jr. Williams Kastner & Gibbs PLLC 601 Union Street, Suite 4100 Seattle, WA 98101-2380 Telephone: (206) 628-6600 Fax: (206) 628-6611 rumberger@williamskastner.com MBarnhill@williamskastner.com Mr. Tyler Hermsen Williams Kastner & Gibbs PLLC 601 Union Street, Suite 4100 Seattle, WA 98101-2380 Telephone: (206) 628-6600 Fax: (206) 628-6611 thermsen@williamskastner.com cberry@williamskastner.com 15 16 I certify under penalty of perjury that the foregoing is true and correct. 17 DATED this 21st day of May, 2020, at Seattle, Washington. 18 19 20 /s/ Jennifer Friesen Jennifer Friesen 21 22 23 24 25 STIPULATED MOTION FOR ISSUANCE OF A NEW CASE SCHEDULE - 7
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