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Waste Action Project v. Fruhling Sand and Topsoil, Inc., C17-498 RSM. (2019)

Court: District Court, D. Washington Number: infdco20190712f04 Visitors: 3
Filed: Jul. 11, 2019
Latest Update: Jul. 11, 2019
Summary: STIPULATED MOTION AND ORDER TO EXTEND BRIEFING SCHEDULE ON A MOTION FOR SUMMARY JUDGMENT RICARDO S. MARTINEZ , Chief District Judge . Counsel for Plaintiff Waste Action Project (WAP) and Defendant Fruhling Sand and Topsoil, Inc. (Fruhling) respectfully request that the Court extend the deadlines for further briefing on WAP's Motion for Partial Summary Judgment (Dkt. # 45) for 30 days. WAP filed its Motion for Partial Summary Judgment on June 20, 2019. Dkt. #45. Under Local Rule 7(d)(3), Fru
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STIPULATED MOTION AND ORDER TO EXTEND BRIEFING SCHEDULE ON A MOTION FOR SUMMARY JUDGMENT

Counsel for Plaintiff Waste Action Project (WAP) and Defendant Fruhling Sand and Topsoil, Inc. (Fruhling) respectfully request that the Court extend the deadlines for further briefing on WAP's Motion for Partial Summary Judgment (Dkt. # 45) for 30 days. WAP filed its Motion for Partial Summary Judgment on June 20, 2019. Dkt. #45. Under Local Rule 7(d)(3), Fruhling's Response to the Motion is due July 8, 2019, and WAP's Reply, if any, would be July 12, 2019.

The parties have separately stipulated to certain facts and issues to simplify this litigation and avoid unnecessary costs, and have agreed to enter into good faith settlement negotiations to resolve this matter. The parties jointly move to extend the briefing schedule on WAP's Motion for Partial Summary Judgment to allow for the parties to explore the possibility of settlement without incurring additional costs associated with Fruhling's response and WAP's reply, which would be unnecessary if a settlement is reached. This extension request will not affect other deadlines or the trial date. The parties agree that good cause exists to extend the briefing deadlines and noting date, that a short extension of this deadline will promote judicial efficiency, and that no party will be prejudiced by the requested extension. Accordingly, the parties request the Court enter an Order extending the deadlines for further briefing on the Motion for 30 days, such that Fruhling's Response would be due no later than August 8, 2019 and WAP's Reply, if any, no later than August 16, 2019, and the noting date for the motion would be reset to August 16, 2019. The current and proposed deadlines are also provided in the following table:

Current Briefing Deadline Proposed Briefing Deadline Fruhling Response Brief July 8, 2019 August 8, 2019 WAP Reply Brief July 12, 2019 August 16, 2019 Motion Noting Date July 12, 2019 August 16, 2019 s/Marc Zemel s/K. Michael Fandel Marc Zemel, WSBA No. 44325 K. Michael Fandel, WSBA No. 16281 SMITH & LOWNEY, PLLC s/Douglas S. Morrison 2317 E. John Str. Douglas S. Morrison, WSBA No. 18769 Seattle, WA 98112 MILLER NASH GRAHAM & DUNN LLP Email: marc@smithandlowney.com Pier 70, 2801 Alaskan Way, Suite 300 Seattle, WA 98121-1128 Attorneys for Plaintiff Tel: (206) 624-8300 Fax: (206) 340-9599 Email: michael.fandel@millernash.com Email: doug.morrison@millernash.com Attorneys for Defendant Fruhling Sand and Topsoil, Inc.

ORDER

Based on the above stipulation, IT IS SO ORDERED.

Source:  Leagle

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