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Peoples v. United Services Automobile Association

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

November 7, 2019

KRISTA PEOPLES, an individual, Plaintiff,
v.
UNITED SERVICES AUTOMOBILE ASSOCIATION and USAA CASUALTY INSURANCE COMPANY, Defendants.

          BRESKIN JOHNSON TOWNSEND, PLLC David E. Breskin, WSBA #10607 Brendan W. Donckers, WSBA #39406 Young-Ji Ham, WSBA #46421 WASHINGTON INJURY LAWYERS PLLC Attorneys for Plaintiffs.

          CORR CRONIN LLP Michael A. Moore, WSBA No. 27047 Tori Ainsworth, WSBA No. 49677 Jay Williams (pro hac vice) David C. Scott (pro hac vice) Attorneys for Defendants.

          STIPULATED MOTION AND (PROPOSED) ORDER TO CONTINUE CLASS CERTIFICATION DEADLINES

          Robert S. Lasnik, United States District Judge.

         STIPULATED MOTION

         The parties to this action, by and through their undersigned counsel, jointly and respectfully seek leave of the Court to renote Plaintiffs Motion for Class Certification of Breach of Contract Claim and continue the December 2 deadline for Defendants' opposition to that Motion and the December 6 deadline for Plaintiffs reply. The parties have been engaging in discussions regarding the possible resolution of this case and a related case in the King County Superior Court. The parties have scheduled a mediation for January 9, 2019. The parties respectfully submit that good cause exists for continuing the class certification deadlines to preserve judicial resources and promote exploration of efficient resolution.

         The parties have been engaged in discussing the possibility of resolving this case and another case, Eastside Physical Therapy, Inc., P.S., et al. v. United Services Automobile Association, et al., which will be remanded to the King County Superior Court pursuant to a September 30, 2019 Opinion issued by the Washington Court of Appeals.[1] Eastside is a putative class action brought by healthcare providers against Defendants, challenging their use of the same Reasonable Fee Methodology that is at issue here. Counsel for Plaintiff Ms. Peoples (who is an insured, not a healthcare provider) in this case, Breskin Johnson Townsend PLLC, are also counsel for the plaintiffs in Eastside. Defense counsel, Corr Cronin LLP and Schiff Hardin LLP, represent Defendants both in this case and in Eastside. In connection with their discussions regarding possible resolution, the parties have agreed to mediate with Judge Paris K. Kallas, of Judicial Dispute Resolution, LLC, on January 9, 2019.

         In order to allow the parties to continue their discussions and mediate, without committing additional time and resources of the Court and the parties to briefing and deciding class certification, the parties stipulate to, and respectfully ask the Court to issue, an Order continuing the class certification deadlines. Specifically, the parties request that the Court renote Plaintiffs Motion for Class Certification of Breach of Contract Claim for Friday, March 13, 2020, with corresponding deadlines for Defendants' opposition on March 2 and Plaintiffs reply on March 13. This three-month continuance will allow sufficient time to continue ongoing discussions, mediate on January 9, and conduct any necessary follow-up dialogue after the mediation in an effort to resolve the parties' dispute and alleviate the need for any further litigation.

         The parties respectfully submit that there is good cause for this requested continuance, as it will allow the parties to pursue the efficient resolution of this case (and the Eastside case) without simultaneously being forced to commit additional time and resources to briefing class certification, while also preserving the Court's time and resources, which the parties recognize are limited and should not be unnecessarily wasted. The parties, therefore, stipulate and jointly and respectfully request that the Court enter proposed Order submitted with this Motion.

         ORDER

         Based upon the parties' Stipulated Motion and Order to Continue Class Certification Deadlines, the Court hereby finds good cause to GRANT the stipulated motion. The Clerk of Court is directed to renote Plaintiffs Motion for Class Certification of Breach of Contract Claim (Dkt. #67) for consideration on Friday, March 13, 2020. Defendants may, on or before March 2, file a substantive opposition to Plaintiffs Motion. Plaintiffs reply is due on or before the note date.

         IT IS SO ORDERED.

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Notes:

[1] See Court of Appeals Division I Case No. 78134-1 and King County Superior Court Case No. 17-2-26885-2 SEA. The plaintiffs in Eastside filed a Motion for Reconsideration in the Court of Appeals, which remains pending. As a result, the case ...


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