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Clayton v. Air & Liquid Systems Corporation, C18-0748JLR. (2018)

Court: District Court, D. Washington Number: infdco20180703763 Visitors: 15
Filed: Jun. 26, 2018
Latest Update: Jun. 26, 2018
Summary: ORDER DENYING MOTION FOR EXPEDITED TRIAL JAMES L. ROBART , District Judge . Before the court is Plaintiffs William R. Clayton and Jill D. Clayton's (collectively, "Plaintiffs") motion for an expedited trial. (Mot. (Dkt. # 29).) Defendants Warren Pumps LLC ("Warren Pumps") and Syd Carpenter Marine Contractor ("Syd Carpenter") responded to the motion. (Warren Resp. (Dkt. # 33); Syd Resp. (Dkt. # 43).) The court has considered the motion, the responses to the motion, the relevant portions of t
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ORDER DENYING MOTION FOR EXPEDITED TRIAL

Before the court is Plaintiffs William R. Clayton and Jill D. Clayton's (collectively, "Plaintiffs") motion for an expedited trial. (Mot. (Dkt. # 29).) Defendants Warren Pumps LLC ("Warren Pumps") and Syd Carpenter Marine Contractor ("Syd Carpenter") responded to the motion. (Warren Resp. (Dkt. # 33); Syd Resp. (Dkt. # 43).) The court has considered the motion, the responses to the motion, the relevant portions of the record, and the applicable law. Being fully advised,1 the court DENIES the motion.

On May 23, 2018, this case was removed from state court. (Not. of Removal (Dkt. # 1).) Plaintiffs request an expedited trial to take place in December 2018, because Mr. Clayton suffers from a terminal illness—mesothelioma—and the state court scheduled an expedited trial due to his illness.2 (Mot. at 3-4.) Plaintiffs acknowledge that the court need not adopt the state court's scheduling order, but nonetheless contend that Mr. Clayton has a "right to a priority trial" pursuant to RCW 4.44.025. (See id. at 3-5.)

Although the court recognizes that Mr. Clayton's illness may prevent him from participating in a trial that does not occur relatively soon, Plaintiffs are incorrect that Mr. Clayton is "entitled to a priority trial" in federal court. (See id. at 4.) Moreover, the court's current trial calendar cannot accommodate a December 2018 trial, particularly a trial involving 12 defendants. Thus, the court DENIES Plaintiffs' motion (Dkt. # 29) and will enter its standard scheduling order.

FootNotes


1. No party requests oral argument (see Mot. at 1; Warren Resp. at 1; Syd Resp. at 1), and the court determines that oral argument would not be helpful to its disposition of the motion, see Local Rules W.D. Wash. LCR 7(b)(4).
2. Warren Pumps and Syd Carpenter ask that the trial be set for January 2019 if the court grants the motion to expedite. (See Warren Resp. at 1; Syd Resp. at 1.)
Source:  Leagle

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