United States District Court, W.D. Washington
FRANTZ SAMSON, a Washington resident, individually and on behalf of all others similarly situated, Plaintiff,
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
JAMES L. ROBART, JUDGE
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:
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
Court entered a scheduling order on February 20, 2019 (Dkt.
Defendant filed its Answer and Affirmative Defenses on March
14, 2019 (Dkt. #34).
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.
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.
Plaintiff served his first Requests for Production and
Interrogatories on May 3, 2019. Defendant's responses are
due on June 5, 2019.
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:
Deadline to join additional parties and amend
July 15, 2019
Plaintiffs disclosure of experts related to class
September 9, 2019
Defendant's disclosure of experts related to
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
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.
the parties respectfully request an order extending the
deadlines consistent with the schedule ...