Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Samson v. Unitedhealthcare Services Inc.

United States District Court, W.D. Washington

May 31, 2019

FRANTZ SAMSON, a Washington resident, individually and on behalf of all others similarly situated, Plaintiff,
v.
UNITEDHEALTHCARE SERVICES, INC., Defendant.

          TERRELL MARSHALL LAW GROUP PLLC Jennifer Rust Murray #36983, Beth E. Terrell, WSBA #26759 Adrienne D. McEntee, WSBA #34061, James A. Francis, Admitted Pro Hac Vice, John Soumilas, Admitted Pro Hac Vice FRANCIS & MAILMAN, P.C. Attorneys for Plaintiff

          HOLLAND & KNIGHT LLP Kristin M. Asai, WSBA #49511 Shannon Armstrong, WSBA #45947 Kristin M. Asai, WSBA #49511 Nipun Patel, Admitted Pro Hac Vice Paul Bond, Admitted Pro Hac Vice HOLLAND & KNIGHT LLP Jonathan Shub Aarthi Manohar KOHN, SWIFT & GRAF, P.C. Zalika Pierre, Admitted Pro Hac Vice HOLLAND & KNIGHT LLP Attorneys for Defendant

          STIPULATED MOTION AND [PROPOSED] ORDER TO AMEND CASE SCHEDULE

          HON. JAMES L. ROBART, JUDGE

         Pursuant to LCR 16(a)(2) and this Court's Rule 16(b) and Rule 23(d)(2) Scheduling Order Regarding Class Certification Motion (Dkt. #15), the parties respectfully submit this stipulated motion to amend the case schedule to extend the current deadlines to brief class certification and associated discovery deadlines based on the following:

         1. Plaintiff filed this proposed class action lawsuit in King County Superior Court on January 9, 2019. Defendant filed a notice of removal on February 5, 2019 (Dkt. #1). Plaintiff alleges that Defendant violates the Telephone Consumer Protection Act, 47 U.S.C. § 227 ("TCPA") by placing calls with prerecorded messages to consumers' cellular telephones without their consent. Defendant denies Plaintiffs allegations and has asserted various affirmative defenses.

         2. This Court entered a scheduling order on February 20, 2019 (Dkt. #15).

         3. Defendant filed its Answer and Affirmative Defenses on March 14, 2019 (Dkt. #34).

         4. On March 28, 2019, Defendant filed a motion to stay the matter pending rulings by the FCC on various issues (Dkt. #35). This Court denied Defendant's motion on May 20, 2019 (Dkt. #41).

         5. The parties filed a Joint Status Report and Discovery Plan on April 10, 2019 (Dkt. #38). In the Joint Status Report, Plaintiff proposed a class certification briefing schedule that extended the class certification deadlines to allow for expert discovery. Defendant proposed that a case schedule be set after the Court ruled on its motion to stay. See Dkt. #38 at 5-6.

         6. Plaintiff served his first Requests for Production and Interrogatories on May 3, 2019. Defendant's responses are due on June 5, 2019.

         7. After the Court denied Defendant's motion to stay, the parties conferred further regarding a proposed case schedule and jointly request that the Court amend the current case management schedule and enter the following schedule:

EVENT

Deadline

Deadline to join additional parties and amend pleadings

July 15, 2019

Plaintiffs disclosure of experts related to class certification

September 9, 2019

Defendant's disclosure of experts related to class certification

October 7, 2019

Plaintiffs disclosure of rebuttal experts

November 4, 2019

Deadline to complete expert depositions

November 22, 2019

Plaintiffs motion for class certification due

December 13, 2019

Defendant's class certification response due

January 17, 2020

Plaintiff s class certification reply due

January 31, 2020

         8. Good cause exists to change the scheduling order dates. The current schedule does not build in time for the parties to complete ESI discovery and expert work relating to the claims and defenses. The parties' proposed schedule provides time for the parties to conduct fact and expert discovery related to class certification before class certification is briefed. The proposed extensions of time will not unduly delay the prosecution of the case.

         Accordingly, the parties respectfully request an order extending the deadlines consistent with the schedule ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.