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Clayton v. Air & Liquid Systems Corporation, C18-0748JLR. (2019)

Court: District Court, D. Washington Number: infdco20190820h07 Visitors: 9
Filed: Aug. 19, 2019
Latest Update: Aug. 19, 2019
Summary: ORDER GRANTING IN PART AND DEYING IN PART MOTION TO CONTINUE TRIAL JAMES L. ROBART , District Judge . Discovery closed in this matter on June 3, 2019. (Sched. Order (Dkt. # 49).) On June 12, 2019, Plaintiffs William R. Clayton and Jill D. Clayton (collectively, "Plaintiffs") filed a motion to amend their complaint to re-plead the case as a wrongful death and survivorship action. (Mot. to Am. (Dkt. # 103).) 1 At a Status Conference held on July 24, 2019 ( see Dkt. # 130), the court warned
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ORDER GRANTING IN PART AND DEYING IN PART MOTION TO CONTINUE TRIAL

Discovery closed in this matter on June 3, 2019. (Sched. Order (Dkt. # 49).) On June 12, 2019, Plaintiffs William R. Clayton and Jill D. Clayton (collectively, "Plaintiffs") filed a motion to amend their complaint to re-plead the case as a wrongful death and survivorship action. (Mot. to Am. (Dkt. # 103).)1 At a Status Conference held on July 24, 2019 (see Dkt. # 130), the court warned Plaintiffs that adding claims in an amended complaint would likely result in a trial date continuance. On August 12, 2019, the court granted Plaintiffs' motion to amend their complaint. (8/12/2019 Order (Dkt. # 142).) Plaintiffs filed their first amended complaint for wrongful death and survivorship on August 13, 2019 (FAC (Dkt. # 143)), and subsequently filed a corrected first amended complaint on August 15, 2019 (Corrected FAC (Dkt. # 146)). The corrected amended complaint alleges that "William Clayton's other statutory beneficiaries have sustained loss of personal consortium in an amount to be proven at trial." (Corrected FAC at 3:18-19.) This is an addition to the prior operative complaint. (See SAC (Dkt. # 1-1).)

On August 8, 2019, Defendant Syd Carpenter Marine Contractor, Inc. ("Syd Carpenter") filed a motion to continue the trial date on the ground that "[t]he nature of the damages and claims have changed in light of Mr. Clayton's passing." (Mot. to Continue (Dkt. # 139) at 1:24-25.) The court GRANTS in part and DENIES in part the motion to continue the trial date as set forth below. The Clerk is directed to set a new trial date at the end of the court's trial calendar and a corresponding pretrial schedule. All pretrial deadlines that have passed will not be rescheduled except that the court allows Syd Carpenter to conduct limited discovery on Mrs. Clayton and the two Clayton heirs on the issue of damages. Any such discovery must be completed by November 18, 2019. If a party wishes to conduct limited discovery on the issue of Mr. Clayton's cause of death, the court will entertain a motion on that issue. To the extent the parties believe any additional discovery is warranted, they should file a motion demonstrating good cause.

FootNotes


1. Mr. Clayton passed away on May 28, 2019. (See Mot. to Am. at 1.)
Source:  Leagle

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