STIPULATED MOTION FOR MODIFICATION 

OF MINUTE ORDER SETTING TRIAL, 

PRETRIAL DATES AND ORDERING 

MEDIATION- Page 1

 ROSE, SENDER AND BOVARNICK, LLP 

 Attorney at Law 

 1205 N.W. 25th Avenue 

 Portland, Oregon 97210 

 (503) 227-2486

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STEVEN M. ROSE, WSBA No. 32677 

ROSE, SENDERS & BOVARNICK 

1205 N.W. 25th Ave. 

Portland, OR 97210 

Telephone: (503) 227-2486 

Facsimile: (503) 227-4172 

Attorneys for Plaintiff 

The Honorable Robert J. Bryan 

UNITED STATES DISTRICT COURT 

WESTERN DISTRICT OF WASHINGTON 

AT TACOMA 

JAMES A. NICOLAYSEN, 

Plaintiff,

 vs. 

PUGET SOUND & PACIFIC 

RAILROAD dba PUGET SOUND & 

PACIFIC RAILROAD COMPANY, 

a Delaware corporation registered to 

do business in Washington, 

Defendant. 

 

No. C05-5632RJB 

STIPULATED MOTION FOR 

MODIFICATION OF MINUTE 

ORDER SETTING TRIAL, 

PRETRIAL DATES AND ORDERING 

MEDIATION TO ALLOW FOR 

CONTINUATION OF CERTAIN 

DATES 

STIPULATED MOTION 

Plaintiff and Defendant respectfully and jointly move the court for an 

order allowing modification of the Minute Order Setting Trial, Pretrial Dates 

and Ordering Mediation to Allow for Continuation of Certain Dates. The 

Case 3:05-cv-05632-RJB Document 13 Filed 04/18/06 Page 1 of 3
 

STIPULATED MOTION FOR MODIFICATION 

OF MINUTE ORDER SETTING TRIAL, 

PRETRIAL DATES AND ORDERING 

MEDIATION- Page 2

 ROSE, SENDER AND BOVARNICK, LLP 

 Attorney at Law 

 1205 N.W. 25th Avenue 

 Portland, Oregon 97210 

 (503) 227-2486

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parties request that the expert disclosure date be continued from May 3, 

2006 until June 12, 2006; the deadline for motions related to discovery be 

continued from June 12, 2006 until June 26, 2006 and the deadline for 

completion of discovery be continued from July 3, 2006 until July 17, 2006. 

 The parties request this for the following reasons: 

1. The matter is set for mediation on May 9, 2006; 

2. Absent settlement at mediation, plaintiff anticipates that the 

following expert witnesses will be called at trial: 

a. P. Bodie Wood, M.D., the treating orthopedic surgeon, 

copies of whose records have been provided to defendant; 

b. Richard Shankle, who inspected the track with defendant 

present; 

c. Cloie Johnson, a vocational rehabilitationist who plaintiff’s 

counsel has used on another matter, but who has not yet been 

retained and not yet performed services. 

d. Robert Moss, an economist who plaintiff’s counsel has 

used on other matters, but who has not yet been retained and 

not yet performed services. 

3. If the matter does not settle at mediation, defendant is 

considering calling expert witnesses, including but not limited to a 

physician, a track expert, a vocational rehabilitationist and an 

economist. 

Case 3:05-cv-05632-RJB Document 13 Filed 04/18/06 Page 2 of 3
 

STIPULATED MOTION FOR MODIFICATION 

OF MINUTE ORDER SETTING TRIAL, 

PRETRIAL DATES AND ORDERING 

MEDIATION- Page 3

 ROSE, SENDER AND BOVARNICK, LLP 

 Attorney at Law 

 1205 N.W. 25th Avenue 

 Portland, Oregon 97210 

 (503) 227-2486

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4. The parties would like to complete the mediation to see if 

settlement may be reached before having to fully engage their 

experts. 

IT IS SO STIPULATED 

s/ 

Steven M. Rose, WSBA #32677 

Of Attorneys for Plaintiff 

Dated: 4/17/06 

s/ 

Troy Y. Nelson, WSBA #27274 

Of Attorneys for Defendant 

Dated: 4/17/06 

ORDER 

 IT IS SO ORDERED. 

 DATED this 18th day of April, 2006. 

 AROBERT J. BRYAN 

United States District Judge 

Case 3:05-cv-05632-RJB Document 13 Filed 04/18/06 Page 3 of 3