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 Judge Ronald B. Leighton

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT TACOMA

MAJOR MARGARET WITT,

 

Plaintiff,

v.

UNITED STATES DEPARTMENT OF

THE AIR FORCE, et al.,

Defendants.

 

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No. C06-5195 RBL

DEFENDANTS’ CONSENT MOTION

TO AMEND THE PRETRIAL

SCHEDULING ORDER OF

SEPTEMBER 2, 2009

(Note Defendants’ Motion on the Motion

Calendar for February 12, 2010)

Defendants hereby move to amend the pretrial scheduling order of September 2, 2009,

because defense counsel’s family is expecting a (second) child in April 2010, and defense

counsel plans on taking six weeks of paternity leave. Defendants bring this motion now to

minimize the inconvenience that a schedule adjustment may cause to plaintiff or the Court. 

The proposed schedule adjustment, which plaintiff has agreed to, moves back all

deadlines by approximately 90 days. That time period, while longer than the six weeks that

defense counsel intends to be on leave, accounts for the possibilities of either an early arrival or a

late arrival, and for that reason, should require only one schedule adjustment for this event. In

addition, the parties have agreed to a six-week ‘black-out’ period during which no discovery will

take place and during which only emergency motions will be filed. That so-called ‘black-out’

(C06-5195-RBL) DEFENDANTS’ CONSENT MOTION

TO AMEND THE PRETRIAL SCHEDULING ORDER

OF SEPTEMBER 2, 2009 - 1

UNITED STATES DEPARTMENT OF JUSTICE

CIVIL DIVISION, FEDERAL PROGRAMS BRANCH

P.O. BOX 883, BEN FRANKLIN STATION

WASHINGTON, D.C. 20044

(202) 616-8482

Case 3:06-cv-05195-RBL Document 61 Filed 02/12/2010 Page 1 of 4
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period will begin upon notice of the birth of defense counsel’s child. 

Other unforeseen events in deposition scheduling also counsel in favor of this proposed

schedule adjustment. Specifically, there was a two-week postponement to account for McChord

Air Force Base’s involvement in Haitian relief efforts, and then another postponement for two

weeks due to the record-breaking blizzard conditions on the East Coast that prevented air travel. 

The proposed revised schedule is as follows:

Event Current Date Proposed Date

6!7 DAYS Non!Jury TRIAL set for 09:30 AM 9/13/2010 1/24/2011

Disclosure of expert testimony under FRCP 26(a)(2) due 3/17/2010 6/16/2010

All motions related to discovery must be FILED by 4/26/2010 7/26/2010

Discovery COMPLETED by 5/17/2010 8/16/2010

All dispositive motions must be FILED by 6/15/2010 9/14/2010

Settlement conference per CR 39.1(c)(2) HELD no later

than

7/15/2010 10/15/2010

Mediation per CR 39.1(c)(3) HELD no later than 8/16/2010 11/15/2010

Letter of compliance as to CR 39.1 FILED by 8/23/2010 11/23/2010

Motions in limine must be FILED by 8/16/2010 11/15/2010

Agreed pretrial order OR, if counsel has agreed to dispense

with the pretrial order, Witness and Exhibit Lists are due

8/27/2010 11/29/2010

Pretrial conference will be HELD at 08:30 AM on 9/2/2010 12/4/2010

Trial Briefs and Proposed Findings of Fact

and Conclusions of Law shall be filed by

8/31/2010 12/2/2010

Finally, during his absence, defense counsel will seek to ensure that another attorney will

be available to attend to any urgent matters regarding this case. 

Dated: February 12, 2010 Respectfully submitted,

TONY WEST

Assistant Attorney General

VINCENT M. GARVEY

Deputy Branch Director

(C06-5195-RBL) DEFENDANTS’ CONSENT MOTION

TO AMEND THE PRETRIAL SCHEDULING ORDER

OF SEPTEMBER 2, 2009 - 2

UNITED STATES DEPARTMENT OF JUSTICE

CIVIL DIVISION, FEDERAL PROGRAMS BRANCH

P.O. BOX 883, BEN FRANKLIN STATION

WASHINGTON, D.C. 20044

(202) 616-8482

Case 3:06-cv-05195-RBL Document 61 Filed 02/12/2010 Page 2 of 4
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 /s/ Peter J. Phipps 

PETER J. PHIPPS

Of Counsel: Senior Counsel

LT. COL. TODI CARNES United States Department of Justice

1777 N. Kent Street, Suite 11400 Civil Division, Federal Programs Branch

Rosslyn, VA 22209-2133 Tel: (202) 616-8482

(703) 558-8428 Fax: (202) 616-8470

E-mail: peter.phipps@usdoj.gov

Mailing Address:

Post Office Box 883, Ben Franklin Station

Washington, D.C. 20044

Courier Address: 

20 Massachusetts Ave., N.W.

Washington, D.C. 20001

Attorneys for Defendants

(C06-5195-RBL) DEFENDANTS’ CONSENT MOTION

TO AMEND THE PRETRIAL SCHEDULING ORDER

OF SEPTEMBER 2, 2009 - 3

UNITED STATES DEPARTMENT OF JUSTICE

CIVIL DIVISION, FEDERAL PROGRAMS BRANCH

P.O. BOX 883, BEN FRANKLIN STATION

WASHINGTON, D.C. 20044

(202) 616-8482

Case 3:06-cv-05195-RBL Document 61 Filed 02/12/2010 Page 3 of 4
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UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF WASHINGTON

AT TACOMA

CERTIFICATE OF SERVICE

I hereby certify that on February 12, 2010, I electronically filed the foregoing Defendants’

Consent Motion to Amend the Pretrial Scheduling Order of September 2, 2009, with the Clerk of

the Court using the CM/ECF system which will send notification of such filing to the following

person:

James E. Lobsenz Sarah A. Dunne 

Carney Badley Spellman, P.S. American Civil Liberties Union of Washington

701 Fifth Avenue, Suite 3600 705 Second Avenue, Suite 300 

Seattle, WA 98104 Seattle, WA 98104

Tel: (206) 622-8020 Tel: (206) 624-2184

Fax: (206) 622-8983 E-mail: dunne@aclu-wa.org

E-mail: lobsenz@carneylaw.com

 /s/ Peter J. Phipps 

PETER J. PHIPPS

United States Department of Justice

Civil Division, Federal Programs Branch

P.O. Box 883, Ben Franklin Station

Washington, DC 20044

Tel: (202) 616-8482

Fax: (202) 616-8470

E-mail: peter.phipps@usdoj.gov

Attorney for Defendants 

UNITED STATES DEPARTMENT OF JUSTICE

CIVIL DIVISION, FEDERAL PROGRAMS BRANCH

P.O. BOX 883, BEN FRANKLIN STATION

WASHINGTON, D.C. 20044

(202) 616-8482

Case 3:06-cv-05195-RBL Document 61 Filed 02/12/2010 Page 4 of 4