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Lohr v. Nissan North America, Inc.

United States District Court, W.D. Washington

September 30, 2019

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

          PRESENTED BY AND ON BEHALF OF PLAINTIFFS GREG F. COLEMAN (PRO HAC VICE) ADAM A. EDWARDS (PRO HAC VICE) LISA A. WHITE (PRO HAC VICE) GREG COLEMAN LAW PC BETH E. TERRELL AMANDA M. STEINER BENJAMIN M. DRACHLER TERRELL MARSHALL LAW GROUP PLLC CHARLES CRUEGER (PRO HAC VICE) ERIN DICKINSON (PRO HAC VICE) CRUEGER DICKINSON LLC EDWARD A. WALLACE WEXLER WALLACE LLP ATTORNEYS FOR PLAINTIFF

          PRESENTED BY AND ON BEHALF OF DEFENDANT WILLIAM R. SAMPSON (PRO HAC VICE) HOLLY PAULING SMITH (PRO HAC VICE) SHOOK, HARDY & BACON L.L.P. HEATHER A. HEDEEN, SHOOK HARDY & BACON L.L.P. AMIR M. NASSIHI SHOOK, HARDY & BACON L.L.P. ATTORNEYS FOR DEFENDANT

          STIPULATION AND ORDER TO FURTHER EXTEND CLASS CERTIFICATION DEADLINES

          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. Between March and June, 2019, Parties attempted mediation before Hon. James L. Warren (Ret.) at JAMS in San Francisco. No resolution was reached.

         2. The Parties are coordinating discovery and class certification deadlines in this action with a companion case filed in the Northern District of California, Johnson, et al. v. Nissan N. Am., Inc., Case No. 3:17-cv-00517-WHO.

         3. Due to the unsuccessful mediation efforts, the Parties need additional time to complete discovery in anticipation of class certification briefing and in anticipation of the preparation of expert reports.

         4. As the result of significant consultation and coordination of their scheduling needs, the Parties have agreed to extend the deadlines in this case and in Johnson to accommodate the delays from trying to mediate, both parties’ need for additional discovery, and the necessity of addressing complex issues in both cases with the assistance of experts.

         5. 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 prior to class certification. An extension of the deadlines in this matter, as reflected below, may facilitate on-going informal settlement discussions, and will not be unduly prejudicial to either party.

         6. Four other extensions of the class certification briefing schedule have been entered in this matter. ECF Nos. 62, 68, 70, and 73.

         7. For the above 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

Deadline

Proposed Deadline

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

November 19, 2019

June 19, 2020

Deadline for Plaintiffs to produce experts for deposition

December 31, 2019

July 30, 2020

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

February 10, 2020

October 9, 2020

Deadline for NNA to produce experts for deposition

February 28, 2020

November 13, 2020

Deadline to file reply regarding Motion for Class Certification

March 19, 2020

November 25, 2020

Class Certification Hearing

April 15, 2020

As set by Court

         I. ...


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