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DiNardo v. Wow 1 Day Painting LLC, C16-1600JLR. (2017)

Court: District Court, D. Washington Number: infdco20171011h77 Visitors: 6
Filed: Oct. 10, 2017
Latest Update: Oct. 10, 2017
Summary: ORDER REGARDING STIPULATED MOTION TO EXTEND DISCOVERY AND DISCOVERY MOTION DEADLINES JAMES L. ROBART , District Judge . Before the court is the parties' stipulated motion to extend the discovery cutoff and the deadline for filing discovery motions. (Stip. (Dkt. # 31).) The parties' only justification for seeking these extensions is that they "are working to complete discovery and counsel for the plaintiff have an unrelated trial conflict that is taking their attention." ( Id. at 1.) The c
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ORDER REGARDING STIPULATED MOTION TO EXTEND DISCOVERY AND DISCOVERY MOTION DEADLINES

Before the court is the parties' stipulated motion to extend the discovery cutoff and the deadline for filing discovery motions. (Stip. (Dkt. # 31).) The parties' only justification for seeking these extensions is that they "are working to complete discovery and counsel for the plaintiff have an unrelated trial conflict that is taking their attention." (Id. at 1.)

The court's scheduling order states that the court will alter case schedule deadlines "only upon good cause shown." (Sched. Ord. (Dkt. # 29) at 2.) The scheduling order specifies that "failure to complete discovery within the time allowed is not recognized as good cause." (Id.) Further, in addition to counsel at Reid & Reige, PC, Plaintiff Val Dinardo also has local counsel at Ryan, Swanson & Cleveland. (See Dkt.) The court has every confidence that if Plaintiff's counsel at Reid & Reige is preoccupied with another case that is going to trial soon, Plaintiff's local counsel at Ryan, Swanson & Cleveland is fully capable of handling this litigation. Accordingly, the court finds that the parties have failed to demonstrate good cause for any alteration to the case schedule.

Nevertheless, the court is not without some flexibility in accommodating the parties' request. The court will grant the parties' stipulated motion so long as the parties agree that henceforth they will bring any discovery motion in this litigation as a Local Rule LCR 7(i) telephonic motion. See Local Rules W.D. Wash. LCR 7(i). In the event that a conflict concerning discovery arises that the parties are unable to resolve without the court's intervention, the court will permit the parties to file simultaneous two-page letters briefly describing the dispute. The court will then conduct a telephonic conference pursuant to Local Rule LCR 7(i) and rule on the issue. See id. Assuming the parties agree to this procedure, the court will grant the extension they request. Otherwise, the court will deny their stipulated motion. The parties shall file a joint notice within two (2) days of the filing of this order indicating their agreement or lack of agreement to the court's condition.

Source:  Leagle

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