Board of Trustees of the Employee Painters' Trust et al v. Eagle Industrial Painting LLC et al, No. 2:2021cv00598 - Document 19 (W.D. Wash. 2021)

Court Description: ORDER granting the Parties' 18 Second Stipulated Motion to Extend Deadline to Respond to Complaint and Other Case Deadlines. Defendants' deadlines to answer or otherwise respond to the Complaint is extended to 9/13/2021. FRCP 26(f) Conference Deadline is 9/13/2021, Initial Disclosure Deadline is 9/20/2021, Combined Joint Status Report and Discovery Plan due by 9/27/2021. Signed by Judge Marsha J. Pechman. (PM)

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Board of Trustees of the Employee Painters' Trust et al v. Eagle Industrial Painting LLC et al Doc. 19 Case 2:21-cv-00598-MJP Document 19 Filed 08/16/21 Page 1 of 6 1 The Honorable Marsha J. Pechman 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 9 10 11 12 13 14 15 16 17 18 19 BOARD OF TRUSTEES OF THE EMPLOYEE PAINTERS' TRUST; BOARD OF TRUSTEES OF THE WESTERN WASHINGTON PAINTERS DEFINED CONTRIBUTION PENSION TRUST; BOARD OF TRUSTEES OF THE DISTRICT COUNCIL NO. 5 APPRENTICESHIP AND TRAINING TRUST FUND; BOARD OF TRUSTEES OF THE INTERNATIONAL PAINTERS AND ALLIED TRADES INDUSTRY PENSION FUND; BOARD OF TRUSTEES OF THE FINISHING TRADES INSTITUTE; BOARD OF TRUSTEES OF THE PAINTERS AND ALLIED TRADES LABOR MANAGEMENT COOPERATION INITIATIVE; WESTERN WASHINGTON SIGNATORY PAINTING EMPLOYERS ASSOCIATION; and INTERNATIONAL UNION OF PAINTERS AND ALLIED TRADES DISTRICT COUNCIL NO. 5, NO. 2:21-cv-00598 MJP SECOND STIPULATED MOTION TO EXTEND DEADLINE TO RESPOND TO COMPLAINT AND OTHER CASE DEADLINES NOTE ON MOTION CALENDAR: August 13, 2021 20 Plaintiffs, 21 22 23 24 v. EAGLE INDUSTRIAL PAINTING, LLC, an Ohio limited liability company; STEVE SECOND STIPULATED MOTION TO EXTEND DEADLINE TO RESPOND TO COMPLAINT AND OTHER CASE DEADLINES - 1 25 (2:21-cv-00598 MJP) Williams, Kastner & Gibbs PLLC 601 Union Street, Suite 4100 Seattle, WA 98101-2380 (206) 628-6600 7437004.1 Dockets.Justia.com Case 2:21-cv-00598-MJP Document 19 Filed 08/16/21 Page 2 of 6 1 2 3 ZOUMBERAKIS, an individual; OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation; INTERNATIONAL FIDELITY INSURANCE COMPANY, a Pennsylvania, corporation; DOES & ROES I-X, 4 Defendants. 5 6 The Plaintiffs, the Board of Trustees of the Employee Painters’ Trust, et al. (collectively, 7 “Plaintiffs”), and the Defendants, Eagle Industrial Painting, LLC, Steve Zoumberakis, Old 8 Republic Surety Company, and International Fidelity Insurance Company (collectively, 9 “Defendants”), each acting by and through their undersigned counsel, hereby stipulate as 10 follows: 11 I. RECITALS 12 A. WHEREAS, the Complaint in this matter was filed on May 4, 2021 [ECF No. 1]; 13 B. WHEREAS, this matter has not been scheduled for trial and there are no motions 14 currently pending before the Court; 15 C. WHEREAS, on June 7, 2021, the Court issued its Order Regarding Initial Disclosures, 16 Joint Status Report, and Early Settlement [ECF No. 7] (“Initial Scheduling Order”), 17 setting the following dates for initial disclosure and submission of the Joint Status Report 18 and Discovery Plan: 19 i. Deadline for FRCP 26(f) Conference: 7/6/2021; ii. Initial Disclosures Pursuant to FRCP 26(a)(1): 7/12/2021; and iii. Combined Joint Status Report and Discovery Plan as Required by FRCP 26(f) 20 21 22 and Local Civil Rule 26(f): 7/19/2021; 23 24 SECOND STIPULATED MOTION TO EXTEND DEADLINE TO RESPOND TO COMPLAINT AND OTHER CASE DEADLINES - 2 25 (2:21-cv-00598 MJP) 7437004.1 Williams, Kastner & Gibbs PLLC 601 Union Street, Suite 4100 Seattle, WA 98101-2380 (206) 628-6600 Case 2:21-cv-00598-MJP Document 19 Filed 08/16/21 Page 3 of 6 1 2 3 4 5 6 D. WHEREAS, all Defendants have been served with a copy of the Summons and Complaint [ECF Nos. 9, 10, 14 & 15]; E. WHEREAS, Notices of Appearance have been filed for each Defendant [ECF Nos. 8, 11 & 13]; F. WHEREAS, a copy of the Initial Scheduling Order was provided to counsel for Defendants by Plaintiffs’ counsel; 7 G. WHEREAS, the Defendants have not filed an answer or responsive pleading; 8 H. WHEREAS, the Court granted a first stipulated motion to extend deadlines on July 13, 9 2021; 10 I. WHEREAS, counsel for Plaintiffs and Defendants have had initial and continuing 11 conferences regarding this matter and all agree that early settlement is likely and in the 12 best interests of all parties; 13 14 J. WHEREAS, Plaintiffs and Defendants have continued informally exchanging documents to further the possibility of settlement; 15 K. WHEREAS, Plaintiffs and Defendants have been unable to effectuate a final settlement 16 within the previous 30 day extension, but continue to actively communicate and negotiate 17 toward that purpose; 18 L. WHEREAS, Plaintiffs and Defendants desire to extend the Defendants’ responsive 19 pleading deadline and other deadlines in this matter to allow time for the parties to 20 explore settlement before additional significant fees and costs are incurred. 21 22 23 24 SECOND STIPULATED MOTION TO EXTEND DEADLINE TO RESPOND TO COMPLAINT AND OTHER CASE DEADLINES - 3 25 (2:21-cv-00598 MJP) 7437004.1 Williams, Kastner & Gibbs PLLC 601 Union Street, Suite 4100 Seattle, WA 98101-2380 (206) 628-6600 Case 2:21-cv-00598-MJP Document 19 Filed 08/16/21 Page 4 of 6 1 2 3 4 5 6 NOW, THEREFORE, Plaintiffs and Defendants hereby stipulate and move the Court as follows: 1. Plaintiffs and Defendants hereby move the Court for an extension of all Defendants’ deadlines to answer or otherwise respond to the Complaint to September 13, 2021. 2. Plaintiffs and Defendants propose that the other deadlines set in the Initial Scheduling Order be extended as follows: 7 a. Deadline for FRCP 26(f) Conference: 9/13/2021; 8 b. Initial Disclosures Pursuant to FRCP 26(a)(1): 9/20/2021; and 9 c. Combined Joint Status Report and Discovery Plan as Required by FRCP 26(f) 10 and Local Civil Rule 26(f): 9/27/2021. 11 3. This is the second request for an extension of time to file responsive pleadings or for any 12 case deadlines and is not requested to cause delay or for any other improper purpose. 13 14 15 16 17 18 19 20 21 22 23 24 SECOND STIPULATED MOTION TO EXTEND DEADLINE TO RESPOND TO COMPLAINT AND OTHER CASE DEADLINES - 4 25 (2:21-cv-00598 MJP) 7437004.1 Williams, Kastner & Gibbs PLLC 601 Union Street, Suite 4100 Seattle, WA 98101-2380 (206) 628-6600 Case 2:21-cv-00598-MJP Document 19 Filed 08/16/21 Page 5 of 6 1 DATED this 13th day of August, 2021. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Christensen James & Martin By: /s/Wesley J. Smith Wesley J. Smith, WSBA # 51934 7440 W. Sahara Ave. Las Vegas, NV 89117 T: (702) 255-1718 wes@cjmlv.com Counsel for Plaintiffs WILLIAMS, KASTNER & GIBBS PLLC By: /s/ Meredith E. Dishaw Meredith E. Dishaw, WSBA #43206 601 Union Street, Suite 4100 Seattle, WA 98101 T: (206) 628-6600 mdishaw@williamskastner.com Counsel for Defendant Old Republic Surety Company WILLIAMS, KASTNER & GIBBS PLLC /s/Jerome L. Rubin David Edward Worley Jerome L. Rubin, WSBA # 5803 David Edward Worley, WSBA # 46948 601 Union Street, Suite 4100 Seattle, WA 98101-2380 Telephone: (206) 628-6600 Fax: (206) 628-6611 jrubin@williamskastner.com dworley@williamskastner.com CARNEY BADLEY SPELLMAN, P.S. By: /s/ Thomas K. Windus Thomas K. Windus, WSBA #7779 701 Fifth Avenue, Suite 3600 Seattle, WA 98104 T: (206) 622-8020 windus@carneylaw.com Counsel for Defendant International Fidelity Insurance Company Attorneys for Defendants Eagle Industrial Painting, LLC and Steve Zoumberakis 17 18 19 20 21 22 23 24 SECOND STIPULATED MOTION TO EXTEND DEADLINE TO RESPOND TO COMPLAINT AND OTHER CASE DEADLINES - 5 25 (2:21-cv-00598 MJP) 7437004.1 Williams, Kastner & Gibbs PLLC 601 Union Street, Suite 4100 Seattle, WA 98101-2380 (206) 628-6600 Case 2:21-cv-00598-MJP Document 19 Filed 08/16/21 Page 6 of 6 1 ORDER 2 3 4 Having reviewed the Stipulated Motion, the Court finds good cause to extend the case deadlines as requested and GRANTS the Motion. But this is the last extension the Court will 5 6 7 grant to the Parties for these initial deadlines. DATED this 16th Day of August, 2021. 8 A 9 10 Marsha J. Pechman United States Senior District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SECOND STIPULATED MOTION TO EXTEND DEADLINE TO RESPOND TO COMPLAINT AND OTHER CASE DEADLINES - 6 25 (2:21-cv-00598 MJP) 7437004.1 Williams, Kastner & Gibbs PLLC 601 Union Street, Suite 4100 Seattle, WA 98101-2380 (206) 628-6600

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