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Copley v. ZF TRW Automotive Holdings Corp.

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

June 17, 2019

THOMAS COPLEY, MARVIN COYNER, and ELIZABETH EVANS, Plaintiffs,
v.
ZF TRW AUTOMOTIVE HOLDINGS CORP., HYUNDAI MOTOR AMERICA, INC., AND KIA MOTOR AMERICA, INC., Defendants.

          William R. Squires III CORR CRONIN LLP Attorneys for Plaintiffs

          Lynn Lincoln Sarko, Gretchen Freeman Cappio Ryan McDevitt, Erika Keech, KELLER ROHRBACK L.L.P. Attorneys for Defendant ZF TRW Automotive Holdings Corp.

          Christopher M. Ledford, PERKINS COIE LLP, Lance A. Etcheverry, Pro hac vice Caroline Van Ness, Pro hac vice Matthew J. Tako, Pro hac vice SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP, John H. Beisner, Pro hac vice SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP Attorneys for Defendants Hyundai Motor America, Inc. and Kia Motor America, Inc.

          STIPULATED MOTION AND [PROPOSED] ORDER TO AMEND CASE DEADLINES

          Robert S. Lasnik United States District Judge.

         STIPULATED MOTION

         Pursuant to LCR 7(d)(1) and LCR 10(g), Plaintiffs Thomas Copley, Marvin Coyner, and Elizabeth Evans ("Plaintiffs"), and Defendants ZF TRW Automotive Holdings Corp., Hyundai Motor America, Inc., and Kia Motor America, Inc. ("Defendants"), by and through counsel, hereby stipulate and move that the time for Defendants to answer, move, or otherwise plead in response to Plaintiffs' Complaint and for Plaintiffs to file a motion for class certification in accordance with LCR 23(i)(3) shall be amended as provided herein.

         Specifically, the parties hereby stipulate as follows:

         On May 10, 2019, Plaintiffs filed a Class Action Complaint in the above-captioned matter. Dkt. #1. In civil actions now pending in other federal district courts ("Related Actions"), [1] other plaintiffs have asserted related or similar claims to those made in this action.

         On June 5, 2019, counsel for plaintiffs in two Related Actions filed a motion pursuant to 28 U.S.C. § 1407 (the "Consolidation Motion") with the Judicial Panel On Multidistrict Litigation ("Panel") seeking to coordinate the Related Actions for consolidated pre-trial proceedings in a single jurisdiction, opening MDL No. 2905.

         The parties agree and stipulate that there is good cause to extend the time for Defendants to answer, move, or otherwise plead in response to Plaintiffs' Complaint and for Plaintiffs to file a motion for class certification in accordance with LCR 23(i)(3) until after the Panel rules on the Consolidation Motion, because doing so will conserve the Court's and the parties' resources and avoid duplicative or inconsistent rulings in this case and the other Related Actions.

         The parties further agree and stipulate that subject to this Court's approval, by and between the Plaintiffs and Defendants, by and through their undersigned counsel or counsel acting on their behalf, that:

1. The deadlines related to initial disclosures and submission of the Joint Status Report and Discovery Plan set by the Court, see ECF No. 23, are continued until after the Panel rules on the Consolidation Motion. The parties agree to confer and propose new deadlines, if the Panel denies the Consolidation Motion;
2. Defendants' time to answer, move, or otherwise plead in response to Plaintiffs' Complaint shall be continued until after the Panel rules on the Consolidation Motion as follows:
(i) In the event that the Panel denies the Consolidation Motion, or MDL No. 2905 is otherwise terminated, (1) the Defendants' time to answer, move, or otherwise plead in response to Plaintiffs' Complaint shall be extended until 45 days after the Panel's order denying transfer or other event resulting in termination of the proceedings in MDL No. 2905; (2) Plaintiffs shall have 45 days to respond to any motion(s) that may be made by Defendants directed to the Complaint; and (3) Defendants shall have ...

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