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Ginzkey v. National Securities Corp.

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

October 7, 2019

JAMES GINZKEY, RICHARD FITZGERALD, CHARLES CERF, BARRY DONNER, and on behalf of the class members described below, Plaintiffs,
v.
NATIONAL SECURITIES CORPORATION, a Washington Corporation, Defendant.

          David P. Neuman, Alexander N. Loftus, Joseph Wojciechowski, Joshua B. Kons, Esq. Attorneys for Plaintiffs James Ginzkey, Richard Fitzgerald, Charles Cerf, and Barry Donner

          Douglas W. Greene, James R. Morrison, Fred Knopf, Chad Weaver, Elizabeth Fellmeth, K. Nikki Sachdeva Attorneys for Defendant National Securities Corporation

          STIPULATED MOTION AND ORDER TO REVISE SCHEDULING ORDER REGARDING CLASS CERTIFICATION

          RICARDO S. MARTINEZ CHIEF UNITED STATES DISTRICT JUDGE

         Plaintiffs James Ginzkey, Richard Fitzgerald, Charles Cerf, and Barry Donner (collectively, “Plaintiffs”) and Defendant National Securities Corporation (“Defendant”) (collectively, the “Parties”), by and through their undersigned attorneys, hereby submit this Stipulated Motion to Revise the Scheduling Order Regarding Class Certification in this case.

         IT IS HEREBY STIPULATED:

         WHEREAS, Plaintiffs filed the Complaint in this action on December 10, 2018 (ECF No. 1);

         WHEREAS, the Court issued a Rule 16(b) and Rule 23(d) Scheduling Order Regarding Class Certification on August 2, 2019 (ECF No. 33). The Court set a deadline for the Parties to complete discovery on class certification by November 3, 2019. The Court set a deadline for Plaintiffs to file a motion for class certification by December 3, 2019;

         WHEREAS, in September 2019, Defendant retained new lead counsel for this case. Defendant is now represented by Fred Knopf, Chad Weaver, Elizabeth Fellmeth, and Nikki Sachdeva of Freeman Mathis & Gary, LLP. Counsel are located in Connecticut and California and will file applications to appear pro hac vice in this case. Defendant also continues to be represented by Douglas Greene and James Morrison of Baker & Hostetler LLP in Seattle, Washington;

         WHEREAS, the Parties have begun to conduct discovery on class certification through written discovery requests;

         WHEREAS, given the complexity of the class certification issues and the nature of Plaintiffs' claims, the Parties anticipate conducting substantial additional discovery regarding class certification, including document discovery, depositions of the four Plaintiffs, depositions of additional investor witnesses, and Rule 30(b)(6) depositions of Defendant;

         WHEREAS, there is good cause to continue the deadlines for class certification discovery and briefing based on Defendant's retention of new counsel. Counsel have required time to transfer and review case files, investigate Plaintiffs' claims, and confer with Plaintiffs' counsel regarding discovery;

         WHEREAS, there is further good cause to revise the Scheduling Order Regarding Class Certification given the amount of time required to conduct all necessary discovery on class certification issues. In particular, the Parties anticipate that they will need three additional months to collect and exchange documents, prepare for and take several depositions, confer on any discovery issues, and make any necessary discovery motions. The Parties request that the deadline for discovery on class certification be set no earlier than February 3, 2020 to allow for the Parties to take all necessary depositions, considering the scheduling needs and constraints of approximately six to ten witnesses (who are located in different states), counsel for Plaintiffs and Defendant, and the upcoming holidays;

         WHEREAS, the Parties therefore request that the Court revise its Rule 16(b) and Rule 23(d) Scheduling Order Regarding Class Certification to allow time for the Parties to adequately conduct discovery on and brief the class certification issues;

         NOW THEREFORE, in consideration of the Parties' stipulation and good cause shown, the Parties respectfully request the Court's approval of this Motion and ...


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