Case Information
*1 THE HONORABLE TANA LIN
UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON NICOLE TOKARSKI, on behalf of herself and all others similarly situated,
NO. 2:21-cv-00631-TL Plaintiff, STIPULATED MOTION AND v. [PROPOSED] ORDER TO AMEND CASE SCHEDULE MED-DATA, INC., NOTED FOR CONSIDERATION: Defendant. OCTOBER 6, 2022 I. STIPULATION
On August 1, 2022, the Court entered an Order setting October 13, 2022, as Plaintiff’s deadline to file her motion for class certification. Dkt. No. 65. For the good cause explained below, the Parties respectfully request that the Court extend Plaintiff’s deadline to file her motion for class certification to January 11, 2023 (90 days from October 13, 2022) and adjust all related response dates for the motion for class certification and other case deadlines to account for the 90-day adjustment.
The Local Rules allow parties to file stipulated motions, including to request relief from a deadline. LCR 7(d)(1); LCR 10(g) (providing that stipulated motions to alter schedules previously set by the court should be supported by reasons justifying the proposed change); Doe v. Trump , No. 2:17-CV-00178-JLR, 2017 WL 1378504, at *1 (W.D. Wash. Apr. 11, 2017).
*2 The Parties convened a global mediation of this matter and the related matters in Texas and Kansas on September 8, 2022. Unfortunately, the mediation was not successful. Accordingly, the Parties have agreed to move forward with litigation. The Parties had focused their discovery efforts on matters critical to mediation for efficiency and to avoid delay of that potential point of resolution, including paper discovery and expert testimony. They now seek to complete the additional discovery necessary for class certification briefing, including further fact depositions and third-party discovery.
Extending the current deadlines will allow the parties to complete that necessary discovery prior to class certification briefing and continue to coordinate the related cases to avoid duplication and wasted resources. Additionally, the Parties had previously asked the Court to hold in abeyance any decision on the fully briefed Rule 12(b)(1) motion until after they completed mediation. See Dkt. 86. That motion is now ripe for decision and may affect the class certification briefing. For all these reasons, there is good cause to extend the deadline for a motion for class certification.
Accordingly, the Parties agree and stipulate, subject to the Court’s approval, to an extension as follows:
EVENT
CURRENT NEW DEADLINE
DEADLINE
Deadline for Plaintiff to File Motion for October 13, 2022 January 11, 2023 Class Certification Deadline for Defendant to File Response on November 10, 2022 February 10, 2023 Motion for Class Certification Deadline for Plaintiff to File Reply on December 1, 2022 March 3, 2023 Motion for Class Certification Discovery Deadline 45 days after Court’s 45 days after Court’s
ruling on Class ruling on Class Certification Certification Deadline for filing Dispositive Motions 75 days after Court’s 75 days after Court’s ruling on Class ruling on Class Certification Certification *3 STIPULATED TO AND DATED this 7th day of October, 2022.
TERRELL
MARSHALL LAW GROUP PLLC ARETE LAW GROUP PLLC By: /s/ Beth E. Terrell, WSBA #26759 By: /s/ Ralph H. Palumbo, WSBA #4751
Beth E. Terrell, WSBA #26759 Ralph H. Palumbo, WSBA #4751 Email: bterrell@terrellmarshall.com Email: rpalumbo@aretelaw.com Ryan Tack-Hooper, WSBA #56423 Lynn M. Engel, WSBA #21934 Email: rtack-hooper@terrellmarshall.com Email: lengel@aretelaw.com Elizabeth A. Adams, WSBA #49175 1218 Third Avenue, Suite 2100 Email: eadams@terrellmarshall.com Seattle, Washington 98101 936 North 34th Street, Suite 300 Telephone: (206) 428-3150 Seattle, Washington 98103-8869 Facsimile: (206) 428-3251 Telephone: (206) 816-6603 Facsimile: (206) 319-5450 Kent M. Adams, Admitted Pro Hac Vice
Email: kent.adams@wilsonelser.com John Heenan, Admitted Pro Hac Vice WILSON ELSER MOSKOWITZ Email: john@lawmontana.com EDELMAN & DICKER (HOUSTON) Teague Westrope 909 Fannin Street, Suite 3300 Email: teague@lawmontana.com Houston, Texas 77010 HEENAN & COOK Telephone: (713) 353-2027 1631 Zimmerman Trail, Suite 1 Facsimile: (713) 785-7780 Billings, Montana 59102 Telephone: (406) 839-9081 Attorneys for Defendant John A. Yanchunis, Admitted Pro Hac Vice Email: jyanchunis@forthepeople.com Ryan Maxey, Admitted Pro Hac Vice Email: rmaxey@forthepeople.com MORGAN & MORGAN 201 North Franklin Street, 7th Floor Tampa, Florida 33602 Telephone: (813) 223-5505 Michael F. Ram, Admitted Pro Hac Vice Email: mram@forthepeople.com MORGAN & MORGAN 711 Van Ness Avenue, Suite 500 San Francisco, California 94102-3275 Telephone: (415) 358-6913 Facsimile: (415) 358-6923
Attorneys for Plaintiff
II.
*4 ORDER Based on the forgoing parties’ stipulation and for good cause, it is hereby ORDERED that the current deadlines regarding class certification are EXTENDED by 90 days as set forth in the accompanying motion, and the discovery and dispositive motions deadline are also EXTENDED as set forth in the motion.
Dated this 7th day of October 2022. A Tana Lin United States District Judge