Erwin et al v. OBI Seafoods LLC, No. 2:2022cv00893 - Document 50 (W.D. Wash. 2023)

Court Description: ORDER granting Parties' 48 Stipulated MOTION to Continue Discovery Deadline as to Depositions of Rule 30(b)(6) Designee(s) and Justin Mullins. The discovery deadline and dispositive motion deadlines in this matter are hereby CONTINUED up to and including 12/14/2023. Signed by Judge John H. Chun. (SB)

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Erwin et al v. OBI Seafoods LLC Doc. 50 The Honorable John H. Chun Trial Date: April 29, 2024 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 9 ALEXANDRIA L. ERWIN and IVAN J. JOHNSON LUCIANO, Case No. 2:22-cv-00893-JHC 10 Plaintiffs, 11 vs. 12 OBI SEAFOODS, LLC, 13 Defendant. STIPULATED MOTION AND ORDER TO CONTINUE DISCOVERY DEADLINE AS TO DEPOSITIONS OF RULE 30(b)(6) DESIGNEE(S) AND JUSTIN MULLINS 14 Noted on Motion Calendar: Friday, November 17, 2023 15 16 17 Pursuant to Federal Rule of Civil Procedure 6(b) and LCR 16(b)(6), the Parties request a 18 brief continuance of the discovery deadline in this matter as to the depositions of OBI’s Rule 19 30(b)(6) designee(s) and Justin Mullins, if the Court’s schedule can accommodate it. In support of 20 this stipulation, Defendant states as follows: 21 1. Trial is scheduled for April 29, 2024. Dkt. # 38. 22 2. The discovery deadline is December 1, 2023. Dkt. #38. 23 3. The Parties are engaged in discovery, and have diligently pursued written discovery, 24 issuing and responding to discovery requests for production and participated in multiple 25 depositions. 26 STIPULATED MOTION AND ORDER TO CONTINUE DISCOVERY DEADLINE AS TO DEPOSITIONS OF RULE 30(b)(6) DESIGNEE(S) AND JUSTIN MULLINS CASE NO. 2:22-CV-00893-JHC LITTLER MENDELSON, P.C. One Union Square 600 University Street, Suite 3200 Seattle, WA 98101.3122 206.623.3300 Dockets.Justia.com 1 2 3 4 4. On October 26, 2023, Plaintiff issued a Notice of Rule 30(b)(6) Deposition to Defendant and set the deposition for November 27, 2023. 5. On November 7, 2023, Plaintiff issued a Notice of Deposition for fact witness Justin Mullins for November 28, 2023. 5 6. On November 7, 2023, Defendant’s counsel informed Plaintiff’s counsel that they were 6 unavailable on November 27, 2023, and November 28, 2023, for these depositions but 7 would be available on December 5, 2023 and December 13, 2023 —after the close of 8 discovery. Plaintiff declined to reschedule the aforementioned depositions given that 9 the only alternative dates Defendant provided were after the Court-ordered discovery 10 cutoff. 11 7. On November 16, 2023, the Parties met and conferred on the timing of these 12 depositions as well as their substance. Defendant confirmed they would not produce 13 Mullins or a 30(b)(6) designee before the discovery cutoff. While the Parties were 14 unable to meet minds about narrowing the substance of the notices during this meeting, 15 they came to an agreement to extend the discovery deadline as to the Plaintiff’s Notice 16 for a Rule 30(b)(6) deposition and the deposition of Justin Mullins only. Plaintiff’s 17 counsel agreed a brief continuance of the discovery cutoff was necessary given that (1) 18 Defendant confirmed it would not produce Mullins or a 30(b)(6) designee before the 19 close of discovery and (2) Defendant intended to move for a protective order on both 20 deposition notices, and the Court may not be able to decide the issues raised by 21 Defendant before end of the discovery period. 22 8. The Court may extend the case schedule where good cause exists. Fed. R. Civ. P. 23 16(b)(4). LCR 16(b)(4). St. George v. Sequim Sch. Dist., No. 18-CV-05372-RJB, 2018 24 WL 6518118, at *1 (W.D. Wash. Dec. 11, 2018). 25 9. The Parties propose continuing the deadline for discovery up to and including 26 December 14, 2023, or such time as the Court deems appropriate, for the limited STIPULATED MOTION AND ORDER TO CONTINUE DISCOVERY DEADLINE AS TO DEPOSITIONS OF RULE 30(b)(6) DESIGNEE(S) AND JUSTIN MULLINS CASE NO. 2:22-CV-00893-JHC LITTLER MENDELSON, P.C. One Union Square 600 University Street, Suite 3200 Seattle, WA 98101.3122 206.623.3300 1 purpose of completing the Rule 30(b)(6) deposition and that of Justin Mullins. Such an 2 extension will allow time to re-note the depositions after the Court rules on Defendant’s 3 motions for protective orders, filed simultaneously with this Motion. 4 10. The Parties recognize that the Court may not rule on Defendant’s motions for protective 5 orders by December 14, 2023, and should this occur, the Parties would ask that the 6 discovery deadline be re-set to allow the depositions to proceed after the Court 7 addresses Defendant’s pending Motions. 8 11. The Parties in this matter understand that such continuances could impact the date of 9 dispositive motions and trial in this matter. However, the Parties are not currently requesting to move these dates. 10 12. If the Court should deem it necessary, however, the Parties stand ready to cooperate 11 with the Court to reschedule the same to a mutually agreeable date. 12 13 // 14 15 // 16 17 // 18 19 // 20 21 // 22 23 // 24 25 // 26 STIPULATED MOTION AND ORDER TO CONTINUE DISCOVERY DEADLINE AS TO DEPOSITIONS OF RULE 30(b)(6) DESIGNEE(S) AND JUSTIN MULLINS CASE NO. 2:22-CV-00893-JHC LITTLER MENDELSON, P.C. One Union Square 600 University Street, Suite 3200 Seattle, WA 98101.3122 206.623.3300 1 IT IS SO STIPULATED THIS 17th day of November, 2023. 2 3 4 5 6 7 8 9 10 11 /s/ Carson Phillips-Spotts (via email authorization) Carson Phillips-Spotts, WSBA #51207 spotts@sgb-law.com Elizabeth Hanley, WSBA #38233 hanley@sgb-law.com SCHROETER, GOLDMARK & BENDER 401 Union Street, Suite 3400 Seattle, WA 98101 Phone (206) 622-8000 Fax (206) 682-2305 Attorneys for Plaintiffs Alexandria L. Erwin and Ivan J. Johnson Luciano s/ Alyesha A. Dotson Alyesha A. Dotson, WSBA #55122 adotson@littler.com Nina Stroescu, WSBA #60361 nstroescu@littler.com LITTLER MENDELSON, P.C. One Union Square 600 University Street, Suite 3200 Seattle, WA 98101.3122 Phone: 206.623.3300 Fax: 206.447.6965 Attorney for Defendant OBI Seafoods, LLC 12 13 14 15 16 17 18 Karen A. Klein, WSBA #14989 karen@karenkleinlaw.com LAW OFFICES OF KAREN A. KLEIN KAREN A. KLEIN, WSBA #14989 403 Madison Ave N, SUITE 240 Bainbridge Island, WA 98110 Tel: 206.498.4594 Attorneys for Plaintiffs Alexandria L. Erwin and Ivan J. Johnson Luciano 19 20 21 22 23 24 25 26 STIPULATED MOTION AND ORDER TO CONTINUE DISCOVERY DEADLINE AS TO DEPOSITIONS OF RULE 30(b)(6) DESIGNEE(S) AND JUSTIN MULLINS CASE NO. 2:22-CV-00893-JHC LITTLER MENDELSON, P.C. One Union Square 600 University Street, Suite 3200 Seattle, WA 98101.3122 206.623.3300 1 2 3 4 5 ORDER THIS MATTER, having come before the undersigned judge of the above-entitled Court, based on the foregoing Stipulated Motion, now, therefore, IT IS HEREBY ORDERED that the discovery deadline and dispositive motion deadlines in this matter be CONTINUED up to and including December 14, 2023. 6 7 DATED this 20th day of November, 2023. 8 10 A 11 John H. Chun United States District Judge 9 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 STIPULATED MOTION AND ORDER TO CONTINUE DISCOVERY DEADLINE AS TO DEPOSITIONS OF RULE 30(b)(6) DESIGNEE(S) AND JUSTIN MULLINS CASE NO. 2:22-CV-00893-JHC LITTLER MENDELSON, P.C. One Union Square 600 University Street, Suite 3200 Seattle, WA 98101.3122 206.623.3300 1 CERTIFICATE OF SERVICE 2 I am a resident of the State of Washington, over the age of eighteen years, and not a party 3 to the within action. My business address is One Union Square, 600 University Street, Ste. 3200, 4 Seattle, WA 98101. I hereby certify that on November 17, 2023, I electronically filed the 5 foregoing document titled Stipulated Motion and [Proposed] Order to Continue Discovery 6 Deadline as to Depositions of Rule 30(b)(6) Designee(s) and Justin Mullins with the Clerk of 7 the Court using the CM/ECF system, which will send notification of such filing to the following 8 CM/ECF system participants: 9 Attorneys for Plaintiffs 10 11 12 13 14 15 16 17 18 19 20 21 Carson Phillips-Spotts, WSBA #51207 Elizabeth Hanley, WSBA #38233 SCHROETER, GOLDMARK & BENDER 401 Union Street, Suite 3400 Seattle, WA 98101 Phone (206) 622-8000 Fax (206) 682-2305 Email: spotts@sgb-law.com Email: hanley@sgb-law.com Email: Hodges@sgb-law.com temkova@sgb-law.com Karen A. Klein, WSBA #14989 LAW OFFICES OF KAREN A. KLEIN KAREN A. KLEIN, WSBA #14989 403 Madison Ave N, SUITE 240 Bainbridge Island, WA 98110 Tel: 206.498.4594 Email: karen@karenkleinlaw.com I declare under penalty of perjury under the laws of the State of Washington that the above is true and correct. Executed on November 17, 2023, at Seattle, Washington. 22 23 /s/ Noemi Villegas Noemi Villegas, Legal Secretary NVillegasDiaz@littler.com LITTLER MENDELSON, P.C. 24 25 26 STIPULATED MOTION AND ORDER TO CONTINUE DISCOVERY DEADLINE AS TO DEPOSITIONS OF RULE 30(b)(6) DESIGNEE(S) AND JUSTIN MULLINS CASE NO. 2:22-CV-00893-JHC LITTLER MENDELSON, P.C. One Union Square 600 University Street, Suite 3200 Seattle, WA 98101.3122 206.623.3300

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