Preview:

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 WILLIAM F. RUSSELL,

Honorable Ricardo S. Martinez

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE ) ) Plaintiff, ) v. ) NO. C08-217 RSM ) ALAN HILBURG; individually; HILBURG ) STIPULATION AND ORDER ) & ASSOCIATES, LLC, a limited liability REGARDING CASE SCHEDULE ) company; ALAN HILBURG & ) ASSOCIATES; HAI HOLDINGS, INC., a corporation; PORTER NOVELLI, INC., a ) ) corporation, d/b/a Porter Novelli, Inc. ) Consulting (aka PNConsulting); and JOHN ) DOES and/or JANE DOES 1-3, presently ) unknown parties, ) Defendants. ) I. STIPULATION On June 3, 2008, the Court entered a Minute Order Setting Trial Date & Related Dates

21 ("Minute Order"). Dkt. #39. The Minute Order set trial in this matter for July 6, 2009 and 22 23 24 25 26 This matter seeks an accounting for funds received under representation agreements between plaintiff William F. Russell and defendants Alan Hilburg and/or Alan Hilburg and
STIPULATION AND ORDER REGARDING CASE SCHEDULE- 1 C08-0217 RSM
Smith & Hennessey
PLLC Attorneys at Law 316 Occidental Avenue South, Suite 500 Seattle, Washington 98104 (206) 292-1770 Telephone (206) 292-1790 Facsimile

established corresponding dates for the discovery cutoff, motions practice, expert witness reports, and other pretrial deadlines.

1 Associates (now HAI Holdings, Inc.), damages for alleged breaches arising out of the 2 agreements and other violations, and a determination of the liability of Porter Novelli, Inc. and 3 4 Because the matter seeks an accounting, the parties, with a view toward having 5 6 accounting experts review and evaluate the financial information needed for an accounting and Hilburg & Associates International, LLC for the acts of Alan Hilburg.

7 thereafter to engage in a mediation, proposed in their original Joint Status Report (Dkt. #33) that 8 the parties would acquire documents needed for a complete accounting through documentary 9 discovery, followed by a mediation, before the parties engaged in deposition discovery. To that 10 end, plaintiff has already provided his draft expert witness report to defendants, and defendants 11 12 January 30, 2009. In addition, the parties are in the process of selecting mediators with the goal 13 14 15 of engaging in mediation the week of February 9, 2009. The parties have made significant progress thus far, including exchanging nearly 10,000 Alan Hilburg and HAI Holdings, Inc. have agreed to provide their draft expert witness report by

16 pages of documents, obtaining documents from several third parties, and engaging financial 17 experts who are evaluating the financial documents and providing their analyses and draft reports 18 on an on-going basis. 19 However, the process of assembling the accounting documents has taken longer than was 20 originally contemplated, and the parties are still awaiting certain documents from third parties. 21 There is also outstanding discovery in process. In order to meet their objective of conducting a 22 23 complete accounting and mediation prior to deposition discovery, the parties have agreed that the 24 trial and related case schedule dates should be extended approximately 90 days to permit a 25 complete accounting and mediation and then, if necessary, deposition discovery. Accordingly, 26 subject to the Court's approval, the parties hereto stipulate to amend the current case schedule as
STIPULATION AND ORDER REGARDING CASE SCHEDULE- 2 C08-0217 RSM
Smith & Hennessey
PLLC Attorneys at Law 316 Occidental Avenue South, Suite 500 Seattle, Washington 98104 (206) 292-1770 Telephone (206) 292-1790 Facsimile

1 follows: 2 3 4
TRIAL DATE

ORDER SETTING TRIAL DATE & RELATED DATES
Original Dates July 6, 2009 at 9:00 AM 01/07/2009 Revised Dates October 5, 2009 at 9:00 AM 04/07/2009

5 6 7 8 9 10 11 12
Mediation per CR 39.1(c)(3) held no later than Reports from expert witnesses under FRCP 26(a)(2) due All motions related to discovery must be filed by and noted on the motion calendar no later than the third Friday thereafter (see CR7(d)) Discovery completed by All dispositive motions must be filed by and noted on the motion calendar no later than the fourth Friday thereafter (see CR7(d))

02/06/2009

05/07/2009

03/09/2009

06/08/2009

04/07/2009

07/09/2009

05/22/2009

02/27/2009

13 14 15 16 17 18 19 20
All motions in limine must be filed by and noted on the motion calendar no later than the second Friday thereafter Agreed pretrial order due Pretrial conference [to be scheduled by the Court] Trial briefs, proposed voir dire questions, proposed jury instructions, and trial exhibits due Length of Jury Trial: 07/01/2009 09/29/09 06/08/2009 06/24/2009 09/10/2009 09/22/2009

7 days

7 days

DATED this 16th day of January, 2009.

21 SMITH & HENNESSEY PLLC 22 /s/ Geoffrey P. Knudsen 23 James A. Smith, Jr., WSBA #5444 Geoffrey P. Knudsen, WSBA #1324 24 Attorneys for Defendants Alan Hilburg and HAI Holdings, Inc. 25 DAVID J. BALINT, PLLC 26
STIPULATION AND ORDER REGARDING CASE SCHEDULE- 3 C08-0217 RSM
Smith & Hennessey
PLLC Attorneys at Law 316 Occidental Avenue South, Suite 500 Seattle, Washington 98104 (206) 292-1770 Telephone (206) 292-1790 Facsimile

1 /s/ David J. Balint 2 David J. Balint, WSBA # 5881 Donald J. Horowitz, WSBA #7304 3 Attorneys for Plaintiff 4 William F. Russell 5 6 DAVIS WRIGHT TREMAINE LLP 7 8 /s/ Brendan T. Mangan Brendan T. Mangan, WSBA #17231 9 Attorneys for Defendants Porter Novelli, Inc. and Hilburg & Associates 10 International, LLC 11 12 13 /s/ Shirin Keen Maureen McLoughlin, Pro Hac Vice 14 Shirin Keen, Pro Hac Vice 15 Attorneys for Defendants Porter Novelli, Inc. and Hilburg & Associates 16 International, LLC 17 18 19 20 21 22 23 24 25 26
STIPULATION AND ORDER REGARDING CASE SCHEDULE- 4 C08-0217 RSM
Smith & Hennessey
PLLC Attorneys at Law 316 Occidental Avenue South, Suite 500 Seattle, Washington 98104 (206) 292-1770 Telephone (206) 292-1790 Facsimile

DAVIS & GILBERT LLP

1 2

II. ORDER Pursuant to the foregoing Stipulation of the parties, and good cause appearing, it is

3 hereby ORDERED that the Order Setting Trial Date & Related Dates shall be amended as 4 5 ORDER SETTING TRIAL DATE & RELATED DATES 6 7 8 9
Reports from expert witnesses under FRCP 26(a)(2) due 04/07/2009 TRIAL DATE October 5, 2009 at 9:00 AM

follows:

10 11 12 13 14 15 16 17 18
Agreed pretrial order due 09/22/2009 All motions related to discovery must be filed by and noted on the motion calendar no later than the third Friday thereafter (see CR7(d)) Discovery completed by All dispositive motions must be filed by and noted on the motion calendar no later than the fourth Friday thereafter (see CR7(d)) Mediation per CR 39.1(c)(3) held no later than All motions in limine must be filed by and noted on the motion calendar no later than the second Friday thereafter 05/07/2009

06/08/2009

07/09/2009

02/27/2009

09/10/2009

19 20 21 22 23 24 25 26
STIPULATION AND ORDER REGARDING CASE SCHEDULE- 5 C08-0217 RSM
Smith & Hennessey
PLLC Attorneys at Law 316 Occidental Avenue South, Suite 500 Seattle, Washington 98104 (206) 292-1770 Telephone (206) 292-1790 Facsimile

Pretrial conference [to be scheduled by the Court] Trial briefs, proposed voir dire questions, proposed jury instructions, and trial exhibits due Length of Jury Trial: 09/29/09

7 days

1 2 3 4 5 6 7 8 9 10 11 Presented by: 12 SMITH & HENNESSEY PLLC 13 /s/ Geoffrey P. Knuden James A. Smith, Jr., WSBA #5444 14 Geoffrey P. Knudsen, WSBA #1324 15 Attorneys for Defendants Alan Hilburg and HAI Holdings, Inc. 16 17 DAVID J. BALINT, PLLC 18 /s/ David J. Balint 19 David J. Balint, WSBA # 5881 Donald J. Horowitz, WSBA #7304 20 Attorneys for Plaintiff William F. Russell 21 DAVIS WRIGHT TREMAINE LLP 22 23 /s/ Brendan T. Mangan Brendan T. Mangan, WSBA #17231 24 Attorneys for Defendants Porter Novelli, Inc. and Hilburg & Associates 25 International, LLC 26
STIPULATION AND ORDER REGARDING CASE SCHEDULE- 6 C08-0217 RSM
Smith & Hennessey
PLLC Attorneys at Law 316 Occidental Avenue South, Suite 500 Seattle, Washington 98104 (206) 292-1770 Telephone (206) 292-1790 Facsimile

DATED this 28th day of January, 2009.

A

RICARDO S. MARTINEZ UNITED STATES DISTRICT JUDGE

1 2 DAVIS & GILBERT LLP 3 /s/ Shirin Keen 4 Maureen McLoughlin, Pro Hac Vice Shirin Keen, Pro Hac Vice 5 Attorneys for Defendants Porter Novelli, Inc. and Hilburg & Associates 6 International, LLC 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26
STIPULATION AND ORDER REGARDING CASE SCHEDULE- 7 C08-0217 RSM
Smith & Hennessey
PLLC Attorneys at Law 316 Occidental Avenue South, Suite 500 Seattle, Washington 98104 (206) 292-1770 Telephone (206) 292-1790 Facsimile



Download 57213.pdf

Washington Law