Carlson v. City of Redmond et al, No. 2:2022cv01739 - Document 35 (W.D. Wash. 2023)

Court Description: ORDER granting Parties' 34 Stipulated MOTION to Set New Trial Date and Case Schedule. 10-Day Bench Trial is set for 9/9/2024 at 9:00 AM before Judge Jamal N Whitehead. Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 2/12/2024, Reb uttal Expert Disclosure/Reports due by 3/13/2024, Discovery Motions due by 3/13/2024, Discovery completed by 4/12/2024, Dispositive motions due by 5/13/2024, Settlement Conference set for 7/11/2024, Motions in Limine due by 7/31/2024, Agreed Pretrial Order due by 8/19/2024, Proposed Findings of Fact and Conclusions of Law to be submitted by 8/19/2024, Trial briefs to be submitted by 8/26/2024, Pretrial Conference set for 9/4/2024 at 10:00 AM. Signed by Judge Jamal N Whitehead. (SB)

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Carlson v. City of Redmond et al Doc. 35 Case 2:22-cv-01739-JNW Document 35 Filed 09/12/23 Page 1 of 7 HONORABLE JAMAL N. WHITEHEAD 1 2 3 4 5 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE 6 7 8 9 SCOTT CARLSON, TYLER PARNELL, ALLISON HALLIFAX, SHARON L. DAVIS, and BRIAN ROBILLARD, Plaintiffs, 10 11 12 13 v. 16 17 18 19 20 21 STIPULATED MOTION AND PROPOSED ORDER TO SET NEW TRIAL DATE AND CASE SCHEDULE Noted for Consideration: August 30, 2023 CITY OF REDMOND, Defendant. I. 14 15 NO. 2:22-CV-01739-JNW STIPULATION For good cause shown and pursuant to Federal of Civil Procedure 16(b)(4) and Local Civil Rule 16(b)(6), the parties respectfully and jointly move the Court for entry of an order setting a new case schedule and trial date. For good cause shown and with the Court’s consent, the Court may modify the deadlines in the scheduling order. Fed. R. Civ. P. 16(b)(4); LCR 16(b)(6). The “good cause” standard primarily considers the diligence of the party seeking the amendment: the district court may modify the pretrial schedule if it cannot reasonably be met despite the diligence of the parties STIPULATED MOTION AND PROPOSED ORDER TO SET NEW TRIAL DATE AND CASE SCHEDULE - 1 (Case No. 2:22-CV-01739-JNW) CHRISTIE LAW GROUP, PLLC 2100 WESTLAKE AVENUE N., SUITE 206 SEATTLE, WA 98109 206-957-9669 Dockets.Justia.com Case 2:22-cv-01739-JNW Document 35 Filed 09/12/23 Page 2 of 7 1 seeking the extension. See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 2 1992) (citing Fed. R. Civ. P. 16 advisory committee’s notes (1983 amendment)). Although the 3 existence or degree of prejudice to the opposing party might supply additional considerations for 4 a motion to modify, the focus remains on the moving party’s reasons for seeking modification. 5 Johnson, 975 F.2d at 609. 6 7 8 Counsel for the parties have been working cooperatively in discovery, have conferred, and agree that good cause exists to grant the relief requested, as set forth below: 1. On April 27, 2023, the parties (then Scott Carlson and the City) filed a “Motion to 9 Strike the Trial Date and Stay the Case Schedule Pending Identification of Potential Additional 10 Plaintiffs.” (Dkt. #17.) On May 10, 2023, the same parties filed a Stipulated Motion for Leave to 11 File a First Amended Complaint Adding Additional Plaintiffs and Claim.” (Dkt. #18.) 12 2. On May 22, 2023, the Court issued an order directing the parties to submit a version 13 of the proposed amended complaint with redline changes. (Dkt. #19.) After the parties did so, the 14 Court issued an order on May 24, 2023, striking the trial date and case schedule and directing the 15 parties to submit a joint status report every 60 days. (Dkt. #20.) On June 1, 2023, the Court granted 16 the stipulated motion for leave to amend and the amended complaint was filed the following day. 17 (Dkt. #’s 21-22.) The amended complaint added Tyler Parnell, Allison Hallifax, Sharon L. Davis, 18 and Brian Robillard as plaintiffs. (Dkt. #22.) 19 3. On July 21, 2023, the parties filed a joint status report outlining the status of written 20 discovery, Plaintiffs’ plan to file a stipulated motion for leave to file a second amended complaint 21 by July 23, and that the proposed second amended complaint would add the final remaining STIPULATED MOTION AND PROPOSED ORDER TO SET NEW TRIAL DATE AND CASE SCHEDULE - 2 (Case No. 2:22-CV-01739-JNW) CHRISTIE LAW GROUP, PLLC 2100 WESTLAKE AVENUE N., SUITE 206 SEATTLE, WA 98109 206-957-9669 Case 2:22-cv-01739-JNW Document 35 Filed 09/12/23 Page 3 of 7 1 plaintiffs in this action. (Dkt. #24.) 4. 2 On July 23, 2023, Plaintiffs’ counsel filed a proposed second amended complaint 3 with redline changes to add the final three remaining Plaintiffs. Counsel did not file a stipulation 4 or motion seeking leave to amend, nor has the Court issued an order granting leave to file a second 5 amended complaint. 5. 6 7 On August 22, 2023, Defendant filed its answer to Plaintiffs’ amended complaint that was filed on June 2, 2023. (Dkt. #33.) 6. 8 With all the potential plaintiffs now identified, the good cause that existed for 9 granting the parties’ earlier motion to strike the trial date and case schedule no longer exists. The 10 parties have been proceeding with written discovery, have conferred, and agree good cause now 11 exists to set a new trial date and case schedule. 12 Given the above referenced facts, the parties stipulate that good cause exists to set a new 13 case schedule and trial date in this matter. The parties now jointly move the Court for an order to 14 that effect. 15 THEREFORE, IT IS HEREBY STIPULATED AND AGREED AS FOLLOWS: 16 A new case schedule and trial date shall be set as follows 1: 17 Event 18 Disclosure of expert testimony under FRCP 26(a)(2) Disclosure of rebuttal expert testimony under FRCP 26(a)(2) 19 Date February 19, 2024 March 20, 2024 20 21 1 The following dates are proposed, subject to the Court’s availability. STIPULATED MOTION AND PROPOSED ORDER TO SET NEW TRIAL DATE AND CASE SCHEDULE - 3 (Case No. 2:22-CV-01739-JNW) CHRISTIE LAW GROUP, PLLC 2100 WESTLAKE AVENUE N., SUITE 206 SEATTLE, WA 98109 206-957-9669 Case 2:22-cv-01739-JNW Document 35 Filed 09/12/23 Page 4 of 7 1 Event 2 All motions related to discovery must be filed by and noted on the motion calendar no later than the third Friday thereafter (see LCR 7(d)) April 11, 2024 Discovery completed by May 20, 2024 3 4 Date All dispositive motions must be filed by and noted on the motion calendar no later than the fourth Friday thereafter (see LCR 7(d)) All motions related to expert witnesses (e.g., a Daubert motion) must be filed by and noted on the motion calendar no later than the third Friday thereafter (see LCR 7(d)) All motions in limine should be filed by and noted on the motion calendar no later than the Friday before the Pretrial Conference. (See LCR 7(d)(4)) 5 6 7 8 9 June 20, 2024 June 27, 2024 August 8, 2024 10 Trial Briefs and Agreed Pretrial Order due 2 August 16, 2024 11 Proposed Findings of Fact and Conclusions of Law, and designations of deposition testimony pursuant to CR32(e) due August 27, 2024 Pretrial conference to be held at 10:00am on August 30, 2024 12 13 10 DAY BENCH TRIAL set for 9:00am 14 September 9, 2024 15 16 17 18 19 /// /// /// /// 20 21 2 The Agreed Pretrial Order shall be filed in CM/ECF and shall also be attached as a Word compatible file to an e−mail sent to the following address: WhiteheadOrders@wawd.uscourts.gov. STIPULATED MOTION AND PROPOSED ORDER TO SET NEW TRIAL DATE AND CASE SCHEDULE - 4 (Case No. 2:22-CV-01739-JNW) CHRISTIE LAW GROUP, PLLC 2100 WESTLAKE AVENUE N., SUITE 206 SEATTLE, WA 98109 206-957-9669 Case 2:22-cv-01739-JNW Document 35 Filed 09/12/23 Page 5 of 7 1 IT IS SO STIPULATED THROUGH COUNSEL OF RECORD. 2 DATED this 30th day of August, 2023. 3 7 By: /s/ Robert L. Christie Robert L. Christie, WSBA #10895 Stuart A. Cassel, WSBA # 49808 Christie Law Group PLLC 2100 Westlake Ave. N., Ste. 206 Seattle, WA 98109 Telephone: 206.957.9669 Email: bob@christielawgroup.com stu@christielawgroup.com 8 Attorneys for Defendant 4 5 6 9 II. By: /s/ Tracy Tribbett Tracy Tribbett, WSBA #35922 Pacific Justice Institute 6400 Three Rivers Drive Pasco, WA 99301 Telephone: 509-713-9868 Email: ttribbett@pji.org Attorney for Plaintiffs PROPOSED ORDER 10 THIS MATTER having come on regularly for hearing upon the stipulation of the parties 11 above contained, and the Court being fully advised in the premises, now, therefore, it is hereby 12 ORDERED that the following trial date and case schedule shall be set: 13 Event 14 Disclosure of expert testimony under FRCP 26(a)(2) Disclosure of rebuttal expert testimony under FRCP 26(a)(2) All motions related to discovery must be filed by and noted on the motion calendar no later than the third Friday thereafter (see LCR 7(d)) 15 16 17 18 19 Date February 19, 2024 February 12, 2024 March 20, 2024 March 13, 2024 April 11, 2024 March 13, 2024 Discovery completed by May 20, 2024 April 12, 2024 All dispositive motions must be filed by and noted on the motion calendar no later than the fourth Friday thereafter (see LCR 7(d)) June 20, 2024 May 13, 2024 20 21 STIPULATED MOTION AND PROPOSED ORDER TO SET NEW TRIAL DATE AND CASE SCHEDULE - 5 (Case No. 2:22-CV-01739-JNW) CHRISTIE LAW GROUP, PLLC 2100 WESTLAKE AVENUE N., SUITE 206 SEATTLE, WA 98109 206-957-9669 Case 2:22-cv-01739-JNW Document 35 Filed 09/12/23 Page 6 of 7 1 Event 2 All motions related to expert witnesses (e.g., a Daubert motion) must be filed by and noted on the motion calendar no later than the third Friday thereafter (see LCR 7(d)) Settlement Conference under LCR 39.1, if requested by parties, held no later than All motions in limine should be filed by and noted on the motion calendar no later than the Friday before the Pretrial Conference. (See LCR 7(d)(4)) 3 4 5 6 Date June 27, 2024 July 11, 2024 August 8, 2024 July 31, 2024 7 Trial Briefs and Agreed Pretrial Order due 3 August 16, 2024 August 26, 2024 8 Agreed Pretrial Order due August 19, 2024 10 Proposed Findings of Fact and Conclusions of Law, and designations of deposition testimony pursuant to CR32(e) due August 27, 2024 August 19, 2024 11 Pretrial conference to be held at 10:00am on August 30, 2024 September 4, 2024 12 10 DAY BENCH TRIAL set for 9:00am September 9, 2024 9 13 ENTERED this 12th day of September, 2023. 14 A 15 Jamal N. Whitehead United States District Judge 16 17 18 Presented by: 19 By: /s/ Robert L. Christie Robert L. Christie, WSBA #10895 Stuart A. Cassel, WSBA # 49808 20 21 By: /s/ Tracy Tribbett Tracy Tribbett, WSBA #35922 Pacific Justice Institute 3 The Agreed Pretrial Order shall be filed in CM/ECF and shall also be attached as a Word compatible file to an e−mail sent to the following address: WhiteheadOrders@wawd.uscourts.gov. STIPULATED MOTION AND PROPOSED ORDER TO SET NEW TRIAL DATE AND CASE SCHEDULE - 6 (Case No. 2:22-CV-01739-JNW) CHRISTIE LAW GROUP, PLLC 2100 WESTLAKE AVENUE N., SUITE 206 SEATTLE, WA 98109 206-957-9669 Case 2:22-cv-01739-JNW Document 35 Filed 09/12/23 Page 7 of 7 1 2 3 Christie Law Group PLLC 2100 Westlake Ave. N., Ste. 206 Seattle, WA 98109 Telephone: 206.957.9669 Email: bob@christielawgroup.com stu@christielawgroup.com 6400 Three Rivers Drive Pasco, WA 99301 Telephone: 509-713-9868 Email: ttribbett@pji.org Attorney for Plaintiffs 4 Attorneys for Defendant 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 STIPULATED MOTION AND PROPOSED ORDER TO SET NEW TRIAL DATE AND CASE SCHEDULE - 7 (Case No. 2:22-CV-01739-JNW) CHRISTIE LAW GROUP, PLLC 2100 WESTLAKE AVENUE N., SUITE 206 SEATTLE, WA 98109 206-957-9669

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