STIPULATED MOTION TO CONTINUE TRIAL DATE AND AMEND CASE SCHEDULE

RICARDO S. MARTINEZ, Chief District Judge.

Defendant Foremost Insurance Company Grand Rapids, Michigan ("Foremost") and Plaintiff Tabitha Williams (collectively the "Parties") submit this Stipulated Motion to Continue Trial Date and Amend Case Schedule.

I. INTRODUCTION

Under the current Case Schedule, trial is set to begin on August 13, 2018. However, counsel for Defendant has another trial scheduled to begin that same week, on August 14, 2018. That matter is Gallagher v. Fire Insurance Exchange, in Skagit County Super Court cause number 15-2-01710-4. That Gallagher matter has been pending since 2015, has included two unsuccessful mediations, and will be a seven day trial.

In addition and in light of this Court's ruling on summary judgment, the Parties also stipulate to shorten the length of this trial to five (5) days.

Accordingly, the Parties stipulate to continue the trial date to September 17, 2018, as well as the related pre-trial deadlines on the Case Schedule. It is therefore respectfully requested that the Court amend the Case Schedule for the reasons set forth herein.

II. STATEMENT OF FACTS

Plaintiff commenced this action June 22, 2017, in King County Superior Court. Docket at 1-2. Defendant Foremost removed this action to United States District Court on July 21, 2017. Dkt. at 1.

Since then, both parties have filed Motions for Partial Summary Judgment. Dkt. at 9 & 21. Plaintiff's Motion for Partial Summary Judgment was granted on October 3, 2017. Dkt. at 18. Defendant Foremost's Motion for Partial Summary Judgment is currently pending before the Court.

Counsel for Defendant Foremost has trial scheduled for a different matter that is set to begin on the very same week as this matter. Declaration of Eric Neal. That matter is Gallagher v. Fire Insurance Exchange, in Skagit County Super Court cause number 15-2-01710-4. Neal Decl. That case has been ongoing since 2015 and the parties have previously conducted two unsuccessful mediations. Neal Decl. As a result, it appears that the Gallagher matter will proceed to trial as scheduled. Neal Decl.

Plaintiff has agreed to continue the trial date to September of 2018 as a courtesy to Defendant.

For the reasons set forth herein, the Parties respectfully request that the Court amend the current Case Schedule and continue the trial date to September 17, 2018.

III. LEGAL AUTHORITY

The decision to modify a scheduling order is within the broad discretion of the district court. Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 607 (9th Cir. 1992). The Federal Rules of Civil Procedure set forth a "good cause" standard for modifying a case schedule, and provide as follows:

Fed. R. Civ. P. 16(b)(4).

A Court's evaluation of "good cause" considers the diligence of the party seeking the amendment and the degree of prejudice to the non-moving party. Johnson v. Mammoth Recreations 975 F.2d 604 (9th Cir. 1992). There is good cause to modify the Case Schedule in this case for several significant reasons.

In this case, there is no prejudice to the non-moving party because the Parties have stipulated to amending the Case Schedule. Also, counsel for Defendant has another trial for a much older case that has been noted for the same starting date as this matter.

As a result, there is good cause to amend the Case Schedule to continue the trial date and other related deadlines to September 17, 2018. The proposed Amended Case Schedule is as follows:

IV. CONCLUSION

Based on the foregoing, it is requested that the Court amend the Case Schedule to continue the trial date and other related deadlines to September 17, 2018, as presented above.

V. ORDER

Based on the foregoing Stipulation, it is hereby ORDERED that the Case Schedule be amended to continue the trial date and other related deadlines as follows: