Milgard Manufacturing, Inc. v. Liberty Mutual Insurance Company

3:13-cv-06024 | W.D. Wash. | Apr 24, 2015

Case 3:13-cv-06024-BHS Document 251 Filed 04/24/15 Page 1 of 2

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA MILGARD MANUFACTURING, INC., CASE NO. C13-6024 BHS Plaintiff, ORDER GRANTING v. DEFENDANT’S MOTION TO CONTINUE TRIAL DATE

LIBERTY MUTUAL INSURANCE COMPANY,

Defendant. This matter comes before the Court on Liberty Mutual Insurance Company’s (“Liberty”) motion to continue the trial date (Dkt. 240). Liberty requests a ninety-day continuance of the June 2, 2015 trial date. Id. at 1. Plaintiff Milgard Manufacturing, Inc. (“Milgard”) opposes any continuance, arguing that it will incur increased costs and fees. Dkt. 244 at 8.

Federal Rule of Civil Procedure 16(b) provides that “[a] schedule may be modified only for good cause and with the judge’s consent.” Fed. R. Civ. P. 16(b)(4). Although the Court may consider prejudice to the opposing party, the focus of its inquiry is upon ORDER - 1

Case 3:13-cv-06024-BHS Document 251 Filed 04/24/15 Page 2 of 2 the moving party’s reasons for seeking modification. Johnson v. Mammoth Recreations, Inc. , 975 F.2d 604" date_filed="1992-09-14" court="9th Cir." case_name="Dairl Johnson Claudine Johnson v. Mammoth Recreations, Inc.">975 F.2d 604, 609 (9th Cir. 1992). The Court has broad discretion in deciding whether to grant or deny a request for a continuance. Danjaq LLC v. Sony Corp. , 263 F.3d 942, 961 (9th Cir. 2001).
Here, the Court finds that Liberty has demonstrated good cause to continue the trial date. Liberty recently substituted its trial counsel in response to Milgard’s objections. Dkt. 241, Declaration of Matthew Adams ¶ 3, Ex. 1. Additionally, Liberty’s primary claims adjuster, Colleen Lyons (“Ms. Lyons”), will be unavailable to attend trial in June due to medical reasons. Dkt. 242, Declaration of Ray Cox ¶¶ 2–3. Ms. Lyons is one of Liberty’s principal witnesses. Id. ¶ 2. Finally, Milgard has not established any actual prejudice that would result from a continuance.
Therefore, it is hereby ORDERED that Liberty’s motion to continue the trial date (Dkt. 240) is GRANTED . The trial date is continued to September 8, 2015. The Clerk shall issue an abbreviated scheduling order in accordance with this date.
Dated this 24th day of April, 2015. A

BENJAMIN H. SETTLE

United States District Judge

ORDER - 2