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Lohr v. Nissan North America, Inc.

United States District Court, W.D. Washington, Seattle

March 28, 2018

TAMARA LOHR and RAVIKIRAN SINDOGI, on behalf of themselves and all others similarly situated, Plaintiffs,
v.
NISSAN NORTH AMERICA, INC., and NISSAN MOTOR CO., LTD., Defendants.

          TERRELL MARSHALL LAW GROUP PLLC Attorneys for Plaintiffs Beth E. Terrell, WSBA #26759 Amanda M. Steiner, WSBA #29147 Benjamin M. Drachler, WSBA #51021 Terrell Marshall Law Group PLLC Gregory F. Coleman, Pro Hac Vice Mark E. Silvey, Pro Hac Vice Lisa A. White, Pro Hac Vice GREG COLEMAN LAW PC Charles J. Crueger, Pro Hac Vice Erin Dickinson, Pro Hac Vice CRUEGER DICKINSON LLC Edward A. Wallace, Pro Hac Vice WEXLER WALLACE LLP

          SHOOK HARDY & BACON L.L.P. Attorneys for Defendant Nissan North America, Inc. Heather A. Hedeen, WSBA #50687 SHOOK HARDY & BACON L.L.P. Amir Nassihi, Pro Hac Vice Andrew L. Chang, Pro Hac Vice SHOOK HARDY & BACON L.L.P. Holly Pauling Smith, Pro Hac Vice William R. Sampson, Pro Hac Vice SHOOK HARDY & BACON L.L.P.

          STIPULATED MOTION AND ORDER REGARDING CONTACT WITH PUTATIVE CLASS MEMBERS

          RICARDO S. MARTINEZ CHIEF UNITED STATES DISTRICT JUDGE

         As contemplated by the Protective Order (Dkt. 54), and to implement a procedure for contacting absent putative class members that protects against putative class members being inappropriately influenced or subjected to harassment, the parties hereby stipulate to the following provisions regarding contact with absent putative class members by Plaintiffs' counsel, Defendant Nissan North America, Inc.'s (“NNA”) counsel, and those acting on their behalf:

         1. CONTACT PERMITTED BY BOTH SIDES

         Plaintiffs' Counsel, NNA's Counsel, and those acting on their behalf shall be permitted to initiate informal oral communications with any putative class member who is not already represented by counsel, regardless of whether their identities are discovered through NNA's records or otherwise, and regardless of whether they claim to have experienced a “shattering event” (as that term is used in the Amended Complaint, Dkt. # 12) with a panoramic sunroof, if the procedures set forth below are followed.

         2. SCRIPT TO BE READ TO PUTATIVE CLASS MEMBERS

         Prior to speaking with putative class members, Plaintiffs' Counsel, NNA's Counsel, and their representatives shall read a “script, ” attached as Exhibit A, that will inform the individual:

a. That litigation has been commenced against NNA regarding panoramic sunroofs;
b. That the caller is contacting the individual on behalf of [plaintiffs or NNA];
c. That the individual does not have any obligation to speak with the caller;
d. That the individual is free to end the conversation at any time; and
e. [For putative class members whose contact information was gained through PII produced by NNA in this litigation:] that NNA was required to produce the ...

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