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Lemmon v. Equifax Information Services LLC

United States District Court, W.D. Washington

January 16, 2018

LEONARD A. LEMMON, on behalf of himself and all others similarly situated, Plaintiff,
v.
EQUIFAX INFORMATION SERVICES LLC, Defendant. EVENT CURRENT DATE NEW DATE

          TERRELL MARSHALL LAW GROUP PLLC Beth E. Terrell, WSBA #26759, Erika L. Nusser, WSBA #40854 Elizabeth A. Adams, WSBA #49175 James A. Francis, Admitted John Soumilas, Admitted Lauren KW Brennan, Admitted, Attorneys for Plaintiff

          MARKOWITZ HERBOLD PC Jeffrey M. Edelson, WSBA #37361 Meryl W. Roper, Admitted Zachary A. McEntyre, Admitted John C. Toro, Admitted KING & SPALDING LLP Katherine McFarland Stein, Admitted Attorneys for Defendant KING & SPALDING LLP Beth E. Terrell, WSBA #26759 Erika L. Nusser, WSBA #40854 Elizabeth A. Adams, WSBA #49175

          STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINES RELATED TO CLASS CERTIFICATION

          The Honorable James L. Robart Judge

         WHEREAS, on December 8, 2017, this Court Ordered that all discovery related to class certification in this matter be completed by February 26, 2018, and that Plaintiff file his motion for class certification on March 27, 2018. Dkt. No. 6;

         WHEREAS, Plaintiff submits that, prior to moving for class certification in this matter, he will need to conduct discovery regarding the allegations in Plaintiffs Complaint; Defendant's affirmative defenses; matters of numerosity, typicality, and commonality of Plaintiffs claims with respect to the class he seeks to represent and Plaintiffs adequacy to serve as a representative of those classes; issues relating to certification of those classes; third-party discovery regarding civil judgment records maintained in the State of Washington; and testimony of any expert witnesses identified by the Parties, if any;

         WHEREAS, Plaintiff believes that, in light of the complexity of the issues presented in this case, discovery regarding class certification in this matter will require additional time beyond that allowed by the Court's December 8, 2017 Order. Dkt. No. 6;

         WHEREAS, determining the number of class members requires comparison of public records of satisfied civil judgments with Defendant's records to determine whether Defendant is accurately reporting the status of a civil judgment record in the State of Washington;

         WHEREAS, Plaintiff anticipates taking substantial third-party discovery of data maintained by clerks of court in the State of Washington, some of which are not maintained electronically and may require subpoenas and physical document productions. Furthermore, this third-party data will then need to be compared to data maintained by the Defendant;

         WHEREAS, in the experience of counsel for the Plaintiff, based upon similar cases in other states, this process can be highly time consuming;

         WHEREAS, counsel for the Parties have conferred, and Defendant does not oppose the relief sought; WHEREAS, good cause therefore exists to extend the deadlines set by this Court for discovery related to class certification and Plaintiffs class certification motion.

         I. STIPULATION

         NOW THEREFORE, Plaintiff moves for an Order resetting the deadlines related to class certification in this matter as follows:

EVENT
CURRENT DATE
NEW DATE
Deadline to complete fact discovery related to class certification
February 26, 2018
May 4, 2018
Plaintiffs Motion for Class Certification
March 27, 2018
June 8, 2018
Defendant's Opposition to Class Certification
July 13, 2018
Plaintiffs Reply in Support of Class Certification
August 10, 2018

         II. ...


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