Khadera et al v. ABM Industries Incorporated et al

Filing 174

STIPULATION AND ORDER granting (Dkt. No. 172) extension of deadlines for the production of electronic materials and class certification motion. Defendants will complete production of specified electronic mail by 07/31/2009; Plaintiffs' amended motion for class certification is due 09/14/2009; Defendants' response is due 10/16/2009; Plaintiffs' reply is due 11/02/2009, by Judge Marsha J. Pechman. (RK)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 v. ABM INDUSTRIES INCORPORATED and AMERICAN BUILDING MAINTENANCE CO. - WEST, Defendants.

The Honorable Marsha J. Pechman

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE YEDIDA KHADERA, KEVIN HUDSON and SAM RICHARDSON, Plaintiffs, No. 2:08-CV-00417-MJP STIPULATED AND [PROPOSED] ORDER EXTENDING DEADLINES FOR PRODUCTION OF ELECTRONIC MAIL AND CLASS CERTIFICATION MOTION

WHEREAS by its Order Granting CR 37 Joint Submission regarding Plaintiffs' various discovery requests (May 27, 2009) (dkt. no. 170), the Court has ordered Defendants ABM Industries Incorporated and ABM Janitorial Services­Northwest, Inc.1 (together, "ABM") to produce all electronic mail of designated custodians responsive to certain of Plaintiffs' discovery requests by July 1, 2009; WHEREAS ABM has been working diligently to comply with the Court's Order. ABM has now collected, restored, indexed, and processed most of the data for 24 custodians, and has conducted searches using 64 search terms, as ordered by the Court. ABM also has contracted with a third-party document review services company to provide what ABM currently expects will be approximately 40 attorneys to assist in the review of documents for production to the
The legal name of Defendant American Building Maintenance Co.-West has now changed to ABM Janitorial Services - Northwest, Inc. STIPULATED AND ORDER EXTENDING DEADLINES FOR PRODUCTION OF ELECTRONIC MAIL AND CLASS CERTIFICATION MOTION - 1 CASE NO. 2:08-CV-00417-MJP
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SUMMIT LAW GROUP PLLC
315 FIFTH AVENUE SOUTH, SUITE 1000 SEATTLE, WASHINGTON 98104-2682 Telephone: [phone] Fax: [phone]

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Plaintiffs. To date, just the indexing, processing, and preliminary searching of the data, including vendor labor costs, have cost ABM tens of thousands of dollars. The next step is for ABM's defense team to review the documents using an advanced computer-based culling tool (known as "Clearwell") in order to eliminate documents that are clearly not responsive, as this is much less time-consuming than having the documents reviewed for responsiveness by human eyes and thus speeds production. WHEREAS, despite the expense and time expended by ABM on this project to date and arrangements made for additional processing and review, it will not be able to complete production by the July 1, 2009 deadline, unless review is limited, leading to several undesirable results. First, even with an army of attorneys deployed, ABM faces the very real prospect of having to produce documents to the Plaintiffs that have not been reviewed by any attorneys, and certainly not attorneys of record. This may result in the production of documents containing confidential and sensitive business information that, in most cases, will have no bearing on Plaintiffs' claims here, and/or privileged documents. The existing deadline will likely result in an unnecessary addition to Plaintiffs' review burden, and potential damage to ABM's business interests. WHEREAS the parties agree additional time will enable ABM to fully comply with the Court's May 27 Order while avoiding these undesirable consequences, and will further allow ABM to make productions to Plaintiffs on a rolling basis; WHEREAS the parties recognize that an extension of the production deadline warrants an extension of the class certification briefing schedule, and that a six-week extension of the deadline for Plaintiffs to file an amended motion for class certification is reasonable in light of the extension of the production deadline and Plaintiffs' counsels' other obligations; WHEREAS the following deadlines are currently set pursuant to the Court's Order Granting Plaintiffs' Motion for Relief From Deadline for Filing Amended Motion for Class Certification (May 27, 2009) (dkt. no. 169): Plaintiffs' amended motion for class certification is

STIPULATED AND ORDER EXTENDING DEADLINES FOR PRODUCTION OF ELECTRONIC MAIL AND CLASS CERTIFICATION MOTION - 2 CASE NO. 2:08-CV-00417-MJP

SUMMIT LAW GROUP PLLC
315 FIFTH AVENUE SOUTH, SUITE 1000 SEATTLE, WASHINGTON 98104-2682 Telephone: [phone] Fax: [phone]

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due 30 days after the completion of ABM's production, or on July 31, 2009. Defendants' response is due on August 28, 2009. Plaintiff's reply must be submitted no later than September 11, 2009. WHEREAS the parties are working to avoid further continuances and do not currently foresee any need for additional time. Therefore the parties agree and stipulate as follows: I. STIPULATION The parties agree that good cause exists to continue the deadline for ABM's production of electronic mail and briefing deadlines on Plaintiffs' amended motion for class certification as follows: · July 31, 2009: Defendants will complete production of electronic mail as outlined in the Court's May 27, 2009 Order, following rolling productions on July 10 and 20; · · · September 14, 2009: Plaintiffs file their amended motion for class certification; October 16, 2009: Defendants file their response to Plaintiffs' motion; and November 2, 2009: Plaintiffs file their reply in support of their motion.

Dated this 10th day of June, 2009 TERRELL MARSHALL & DAUDT PLLC By: s/ Beth E. Terrell Beth E. Terrell, WSBA #26759 Email: [e-mail] Toby J. Marshall, WSBA #32726 Email: [e-mail] Jennifer Rust Murray, WSBA #36983 Email: [e-mail] 3600 Fremont Avenue North Seattle, Washington 98103 Telephone: [phone] Facsimile: [phone] LITTLER MENDELSON, P.C. By: s/ Douglas Edward Smith Douglas Edward Smith, WSBA #17319 One Union Square 600 University Street, Suite 3200 Seattle, WA 98101.3122 E-Mail: [e-mail] Telephone: [phone] Facsimile: [phone]

STIPULATED AND ORDER EXTENDING DEADLINES FOR PRODUCTION OF ELECTRONIC MAIL AND CLASS CERTIFICATION MOTION - 3 CASE NO. 2:08-CV-00417-MJP

SUMMIT LAW GROUP PLLC
315 FIFTH AVENUE SOUTH, SUITE 1000 SEATTLE, WASHINGTON 98104-2682 Telephone: [phone] Fax: [phone]

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LAW OFFICES OF MALLISON & MARTINEZ By: s/ Stan S. Mallison Stan S. Mallison, (Cal. SBN 184191) Email: [e-mail] Hector R. Martinez (Cal. SBN 206336) Email: [e-mail] Marco A. Palau (Cal. SBN 242340) Email: [e-mail] 1042 Brown Avenue Lafayette, California 94549 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs and Proposed Class Counsel

SUMMIT LAW GROUP PLLC

By: s/ Shannon E. Phillips Shannon E. Phillips, WSBA #25631 Molly A. Terwilliger, WSBA #28449 Email: [e-mail] Email: [e-mail] 315 Fifth Avenue South, Suite 1000 Seattle, Washington 98104 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants

II. ORDER Based on the foregoing stipulation of the parties, and good cause appearing, therefore, IT IS HEREBY ORDERED THAT the deadline for ABM's production of electronic mail and briefing deadlines on Plaintiffs' motion for class certification shall be continued to the following dates: · July 31, 2009: Defendants will complete production of electronic mail as outlined in the Court's May 27, 2009 Order, following rolling productions on July 10 and 20; · · · September 14, 2009: Plaintiffs file their amended motion for class certification; October 16, 2009: Defendants file their response to Plaintiffs' motion; and November 2, 2009: Plaintiffs file their reply in support of their motion.

DATED this 15th day of June, 2009.

Marsha J. Pechman United States District Judge

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SUMMIT LAW GROUP PLLC
315 FIFTH AVENUE SOUTH, SUITE 1000 SEATTLE, WASHINGTON 98104-2682 Telephone: [phone] Fax: [phone]

STIPULATED AND ORDER EXTENDING DEADLINES FOR PRODUCTION OF ELECTRONIC MAIL AND CLASS CERTIFICATION MOTION - 4 CASE NO. 2:08-CV-00417-MJP