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Lohr v. Nissan North America, Inc.

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

May 6, 2019

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, Amanda M. Steiner, Benjamin M. Drachler, Terrell Marshall Law Group PLLC, Gregory F. Coleman, Mark E. Silvey, Lisa A. White, GREG COLEMAN LAW PC, Charles J. Crueger, Erin Dickinson, CRUEGER DICKINSON LLC Edward A. Wallace, WEXLER WALLACE LLP.

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

          STIPULATION AND ORDER TO FURTHER EXTEND CLASS CERTIFICATION DEADLINES TO FACILITATE SETTLEMENT DISCUSSIONS

          RICARDO S. MARTINEZ CHIEF UNITED STATES DISTRICT JUDGE.

         Plaintiffs Tamara Lohr and Ravikiran Sindogi (“Plaintiffs”) and Defendant Nissan North America, Inc. (“NNA”) (collectively, the “Parties”) enter into this stipulation with reference to the following facts and recitals:

         1. On March 28, 2019, the Parties had a productive all day private mediation before Hon. James L. Warren (Ret.) at JAMS in San Francisco.

         2. Based on the Parties' progress, a second all day mediation session has been scheduled for May 23, 2019.

         3. The Parties are coordinating discovery and class certification deadlines in this action with a companion case filed in the Northern District of California, Johnson v. Nissan N. Am., Inc., 4. The Parties require additional time to continue mediation efforts before undertaking further work to complete discovery in anticipation of class certification briefing and in anticipation of the preparation of expert reports.

         5. The Parties have agreed to extend the deadlines in this case and in Johnson, to accommodate resolution discussions.

         6. The Parties have coordinated with counsel in Johnson and are seeking entry of a similar scheduling order. If this Court and the Johnson court approve these requests, then the two cases will remain on parallel tracks if a resolution is not reached. An extension of the deadlines in this matter, as reflected below, would facilitate settlement discussions and will not be unduly prejudicial to either party.

         For these reasons, the Parties stipulate to extend the deadlines in this matter as set forth below and respectfully request that the Court enter an order accordingly:

Event

Current Deadline

Proposed Deadline

Deadline to file Motion for Class Certification and serve Plaintiffs' expert disclosures and reports

June 14, 2019

November 19, 2019

Deadline for Plaintiffs to produce experts for deposition

July 26, 2019

December 31, 2019

Deadline to file opposition to Motion for Class Certification and serve NNA's expert disclosures and reports

September 4, 2019

February 10, 2020

Deadline for NNA to produce experts for deposition

September 23, 2019

February 28, 2020

Deadline to file reply regarding Motion for Class Certification

October 14, 2019

March 19, 2020

         I. ...


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