United States District Court, W.D. Washington
BRUCE RUNYAN, ROBERT SAMPSON, and JONN CALEB GOSS on behalf of themselves and on behalf of all others similarly situated, and on behalf of the MTC Transportation 401k Plan, Plaintiffs,
MARK CLEMONS d/b/a MTC TRANSPORTATION, a sole proprietorship, HI PRO INC., a California corporation, and MARK CLEMONS individually and/or the marital community composed of MARK CLEMONS and JANE DOE CLEMONS, Defendants.
TERRELL MARSHALL LAW GROUP PLLC, Toby J. Marshall, Erika L.
Nusser, Hardeep S. Rekhi, Gregory A. Wolk, REKHI & WOLK,
P.S. Attorneys for plaintiffs.
CRONIN, LLP, Lawrence R. Cock, Jack M. Lovejoy, Attorneys for
STIPULATED MOTION AND ORDER TO EXTEND EXPERT
J. Pechman United States District Judge.
parties hereby stipulate and request the Court issue an Order
extending the export report and rebuttal expert report
deadlines, as well as the discovery deadline as it relates to
depositions of experts only. As set forth more fully below,
the parties have been working diligently in discovery, but
are still working to obtain data from a third-party for
purposes of completing expert reports.
plaintiffs in this matter challenge defendants'
employment practices under Washington's wage and hour
laws, and defendants have answered.
parties have engaged in significant discovery. Plaintiffs
have propounded one set of discovery requests on each of the
defendants, which have been answered. Defendants have
likewise propounded discovery requests on plaintiffs, to
which plaintiffs have responded. In addition, plaintiffs have
conducted two Fed.R.Civ.P. 30(b)(6) depositions and taken the
individual deposition of defendant Mark Clemons. Defendants
have also deposed each of the plaintiffs.
During the course of discovery, the parties also worked to
establish a protocol for defendants to use a technology
assisted review for production of defendants'
electronically stored information. To date, defendants have
produced more than 250, 000 pages of documents, including
hundreds of spreadsheets containing the daily hours worked by
proposed class members during the class period. Those
spreadsheets, however, do not have the rates of pay for
proposed class members, which is necessary to calculate
Defendants provided the data available to them pertaining to
the rates of pay, dates of payment, and pay received by
proposed class members. However, the data produced by
defendants is not in a format that experts can readily sort
and pair with the data regarding hours worked by proposed
class members. Defendants attempted to locate the payroll
data in a more usable format and attempted to work with their
payroll vendor to obtain that data but were unable to do so.
Plaintiffs have therefore subpoenaed defendants' payroll
vendor to obtain more usable data.
parties have diligently sought to obtain the necessary data
to prepare expert reports. Given the volume of data and the
fact that defendants have been unable to locate the necessary
data in a readily-usable format, however, the parties need
additional time to obtain the data.
parties are unable to finalize their expert reports without
the missing pay data from defendants' payroll vendor. The
parties are also therefore unable to complete depositions of
experts without completed reports.
parties' request to extend the deadlines to exchange
expert reports and rebuttal expert reports, and to allow
additional time past the discovery cutoff to complete
depositions relating to expert reports will not impact any
other deadlines in the case.
Thus, good cause exists to extend the following deadlines:
Exchange of expert witness reports
Rebuttal expert reports
1/24/2020 - For depositions relating to expert