The opinion
1 The Honorable Barbara J. Rothstein
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5 UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
6 AT SEATTLE
7 Case No. 2:23-cv-1678-BJR
GARY LEVY, an individual,
8 ORDER GRANTING PLAINTIFF’S
Plaintiff, MOTION TO CONTINUE TRIAL
9 DATE AND RELATED PRETRIAL
v. DEADLINES
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GOOGLE LLC, a California company,
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Defendant.
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13 I. INTRODUCTION
14 In October 2023, Plaintiff Gary Levy initiated in state court this employment discrimination
15 action against Defendant Google LLC (“Google”), alleging claims for retaliation and wrongful
16 termination. Compl., Dkt. No. 1-1. The following month, Google removed the action to this Court.
17 Not. of Removal, Dkt. No. 1.
18 Currently before the Court is Levy’s Motion to Continue Trial Date and Related Pretrial
19 Deadlines, which seeks a continuance of approximately four months. Pl.’s Mot., Dkt. No. 18;
20 Proposed Or., Dkt. No. 18-2. Having fully considered the materials and the relevant legal
21 authorities, the Court grants the motion. The reasoning for the Court’s decision follows.
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ORDER GRANTING PLAINTIFF’S MOTION TO CONTINUE TRIAL DATE AND RELATED PRETRIAL
24 DEADLINES
1 II. LEGAL STANDARD AND DISCUSSION
2 A district court’s pretrial schedule may be modified “only for good cause and with the
3 judge’s consent.” Fed. R. Civ. P. 16(b)(4). Whether to grant or deny a continuance is at the
4 discretion of the Court. Rios-Barrios v. I.N.S., 776 F.2d 859, 862 (9th Cir. 1985). When
5 considering the propriety of a continuance, courts consider four factors: (1) the diligence of the
6 party seeking a continuance in preparing for trial; (2) the need for a continuance; (3) the
7 inconvenience to the opposing party, the witnesses, and the court; and (4) the hardship a denial of
8 a continuance would cause the defendant. United States v. 2.61 Acres of Land, 791 F.2d 666, 671
9 (9th Cir. 1986).
10 Levy contends that good cause exists for his proposed continuance because he has been
11 diligent in obtaining discovery and responding to discovery requests, but his wife has
12 unforeseeably fallen ill, making it difficult for him to schedule and prepare for depositions. Pl.’s
13 Mot. at 2-4. Google responds that good cause exists to extend the current trial, but not to the extent
14 requested by Levy. Def.’s Resp. at 1-2, 4-5, Dkt. No. 19. Google asserts that Levy has abruptly
15 canceled mediation twice, resulting in significant delays and wasted time. Id. at 2-3. Google also
16 contends that Levy has impeded Google’s ability to conduct discovery by making himself
17 unavailable for deposition until mid-to-late April, despite the current discovery deadline of March
18 2025. Id. at 3-4. Levy replies that Google has likewise failed to provide deposition dates for its
19 own witnesses, despite multiple requests. Pl.’s Reply at 1-2, Dkt. No. 21.
20 The Court is unimpressed by the parties’ finger-pointing and inability to complete discovery
21 in a timely manner. This action—which the parties agree does not present complex issues—has
22 been pending for well over a year. See Compl.; Joint Status Report at 2, Dkt. No. 11. Furthermore,
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ORDER GRANTING PLAINTIFF’S MOTION TO CONTINUE TRIAL DATE AND RELATED PRETRIAL
24 DEADLINES
1 the Court previously granted a continuance of approximately six months to accommodate the
2 parties’ desire to proceed with mediation and limit discovery costs. Or. Granting Stip. Mot. to
3 Continue, Dkt. No. 15. The Court is sympathetic to the fact that Levy has been dealing with his
4 wife’s unforeseen illness. However, given how long this case has been pending, the parties’ lack of
5 meaningful progress is unacceptable. Nevertheless, the Court recognizes that it would be
6 impractical to proceed with the current case deadlines and finds that good cause exists to grant the
7 Motion to Continue Trial Date and Related Pretrial Deadlines.
8 III. CONCLUSION
9 For the foregoing reasons, Plaintiff’s Motion to Continue Trial Date and Related Pretrial
10 Deadlines (Dkt. No. 18) is GRANTED. The existing case schedule is amended as follows:
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Event Current Deadline Amended Deadline
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Jury Trial Date September 22, 2025 February 2, 2026
Reports from expert
13 February 10, 2025 June 23, 2025
witness under FRCP
26(a)(2)
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Discovery completed by March 14, 2025 July 25, 2025
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All dispositive motions April 11, 2025 August 22, 2025
16 All motions in limine must
August 4, 2025 December 15, 2025
be filed by
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Joint Pretrial Statement August 11, 2025 December 22, 2025
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Pretrial Conference August 26, 2025 January 6, 2026
19 Length of Jury Trial 5 days 5 days
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In no event shall the parties toll these dates to pursue mediation. The Court will not entertain any
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further requests for extensions.
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ORDER GRANTING PLAINTIFF’S MOTION TO CONTINUE TRIAL DATE AND RELATED PRETRIAL
24 DEADLINES
1 DATED this 7th day of April 2025.
2 A
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Barbara Jacobs Rothstein
U.S. District Court Judge
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ORDER GRANTING PLAINTIFF’S MOTION TO CONTINUE TRIAL DATE AND RELATED PRETRIAL
24 DEADLINES