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Harbers v. Eddie Bauer LLC

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

October 1, 2019

JENNIFER HARBERS, for Herself, as a Private Attorney General, and/or On Behalf Of All Other Other Similarly Situated, Plaintiff,
v.
EDDIE BAUER LLC, and DOES 1-20, inclusive, Defendants.

          SEED IP Law Group LLP Marc C. Levy, Thomas A. Shewmake, STEPTOE & JOHNSON LLP Stephanie A. Sheridan (admitted pro hac vice), Anthony J. Anscombe (admitted pro hac vice), Meegan B. Brooks (admitted pro hac vice) One Market Street Attorneys for Defendant Eddie Baiter, LLC

          HATTIS & LUKACS Daniel M. Hattis, Paul Karl Lukacs (admitted pro hac vice) Attorney/or Plaintiff Jennifer Harbers and the Proposed Class

          STIPULATED MOTION AND [PROPOSED] ORDER RESOLVING DEFENDANT'S MOTION TO STAY DISCOVERY (DKT. 26)

          HON. JAMES L. ROBART, JUDGE

         STIPULATION

         WHEREAS, on July 23, 2019, this Court entered a Rule 16(b) And Rule 23(d)(2) Scheduling Order Regarding Class Certification Motion (Dkt. 19) which, among other things, set a deadline for Plaintiff Jennifer Harbers to complete discovery on class certification on or by November 18, 2019, and set a deadline for Plaintiff Harbers to file a motion for class certification on or by December 18, 2019;

         WHEREAS, on July 4, 2019, Plaintiff Harbers filed a Motion To Remand this action back to the King County Superior Court (Dkt. 13), a motion which has been fully briefed by the parties and which is pending;

         WHEREAS, the Plaintiffs Motion To Remand argues that this federal district court lacks subject matter jurisdiction over Plaintiffs claims because Plaintiffs operative First Amended Complaint dose not allege a sufficiently concrete injury-in-fact to confer Article III standing;

         WHEREAS, on June 28, 2019, Defendant Eddie Bauer, LLC ("Eddie Bauer") filed its Motion To Dismiss First Amended Complaint for failure to state a claim (Dkt. 11), with further briefing being suspended by stipulated order (Diet. 15) until after the disposition of Plaintiff s Motion To Remand;

         WHEREAS, on September 16, 2019, Eddie Bauer filed and served its Motion To Stay Discovery (Dkt. 26), which asks the Court to stay discovery until the ruling upon Plaintiffs Motion To Remand on the grounds that district courts within the Ninth Circuit have held that a stay of discovery is appropriate while a plaintiff is challenging the Court's jurisdiction (Motion To Stay Discovery, Dkt. 26, pp. 3:5-4:9);

         WHEREAS, after a review of the legal authorities cited by Eddie Bauer, Plaintiff Harbers concludes that she does not have an objection to a limited stay of all discovery and that it would not be a good use of judicial resources for this Court to adjudicate Eddie Bauer's Motion To Stay Discovery (Dkt. 26)-provided that Plaintiffs deadlines to complete class certification discovery and to file a motion for class certification are continued for a period of time equal to the period of the discovery stay;

         NOW, THEREFORE, Plaintiff Jennifer Harbers ("Harbers") and Defendant Eddie Bauer, LLC ("Eddie Bauer") hereby STIPULATE and AGREE as follows:

         1. All discovery in this civil action should be suspended from the day of the Court's granting of this Stipulated Motion to and through the day of the Court's entry of the later of an order adjudicating Plaintiffs Motion To Remand (Dkt. 13) or an order adjudicating Defendant's Motion To Dismiss (Dkt. 11) (the "Period of Stay"), with this stay of discovery being lifted upon this Court's entry of thc later of an order adjudicating Plaintiffs Motion To \ Remand (Dkt. 13) or an order-adjudicating Defendant's Motion To Dismiss (Dkt. 11).

         2. The deadlines of November 18, 2019 (to complete class certification discovery), and December 18, 2019 (to file a motion for class certification), as stated in the Rule 16(b) And Rule 23(d)(2) Scheduling Order Regarding Class Certification Motion (Dkt. 19), should be amended and continued by the number of calendar days in the Period of Stay.

         3. The Court should vacatethe noting date for Eddie Bauer's Motion To Stay Discovery ...


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