Tavenner v. Talon Group The

Filing 142

STIPULATION AND ORDER REGARDING CLASS NOTICE DEADLINES by Judge Robert S. Lasnik. (TF)

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THE HONORABLE ROBERT S. LASNIK
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IN THE UNITED STATES DISTRICT COURT FOR THE

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WESTERN DISTRICT OF WASHINGTON

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KAREN TAVENNER, on behalf of herself
and others similarly situated,

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SNR DENTON US LLP
211 N. BROADWAY, SUITE 3000
ST. LOUIS, MISSOURI 63102
[phone]

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No. C09-1370 RSL

Plaintiff,

STIPULATION AND ORDER
REGARDING CLASS NOTICE
DEADLINES

vs.
THE TALON GROUP, A DIVISION OF
FIRST AMERICAN TITLE INSURANCE
COMPANY,

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Note on Motion Calendar: November 21,
2012

Defendant.

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STIPULATION
The parties, through their attorneys, stipulate to entry of the proposed Order, submitted
concurrently herewith, briefly extending the remaining class notice-related deadlines to permit
finalization of the class notice mailing list. In support of this request, the parties represent the
following to the Court:
1.

Pursuant to the Court’s Order Regarding Class Notice [Dkt. 130], the parties have

negotiated the forms of notice, submitted them to the Court, and obtained the Court’s approval
[Dkt. 134]; Plaintiffs have retained and identified a class action notice administrator and
summarized the information and functions that will be presented on the website [Dkt. 131]; and
Defendant has produced data regarding potential class members.

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STIPULATION AND ORDER REGARDING
CLASS NOTICE DEADLINES
No. C09-1370 RSL

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2.

In the process of conferring regarding the proposed class mailing list, the parties

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have determined that supplemental data likely will be needed to finalize the list. Defendant is

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further analyzing its data and, if necessary, will promptly produce a supplemental report to

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Plaintiff.

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3.

Under the Order Regarding Class Notice [Dkt. 130], the deadline for Defendant to

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file a motion objecting to the class notice list is November 26, 2012, and the deadline for

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Plaintiff to mail notice is December 3, 2012.

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4.

In light of the parties’ continuing efforts to reach agreement on the class notice

mailing list, the parties agree that the notice-related deadlines should be extended by a short
period of three weeks so that the mailing list can be finalized. The parties do not anticipate that

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this brief extension will affect the discovery, dispositive motion, and trial-related deadlines that

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SNR DENTON US LLP
211 N. BROADWAY, SUITE 3000
ST. LOUIS, MISSOURI 63102
[phone]

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were recently set, as this case is not scheduled for trial until October 7, 2013 [Dkt. 138].

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5.

Accordingly, the parties propose that the deadlines set forth in the Order Regarding

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Class Notice be modified to require (a) Plaintiff to generate and provide to Defendant a

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proposed mailing list by December 10, 2012; (b) Defendant to file any motion objecting to that

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list by December 17, 2012; (c) Plaintiff to cause the approved notice to be mailed by first-class

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mail and, where available, sent by email to members of the classes by December 24, 2012; (d)

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Plaintiff to cause the approved publication notice to be published in the Seattle Times on one

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weekend day between December 24, 2012 and January 6, 2013; and (e) Plaintiff to file a list of

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all individuals who have opted out from one or more of the classes on or before February 28,

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2013.

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Stipulated to and jointly presented by:
Attorneys for The Talon Group:

Attorneys for Karen Tavenner:

SNR DENTON US LLP

BERRY & BECKETT, PLLP

/s/ Elizabeth T. Ferrick
Elizabeth T. Ferrick (pro hac vice)
One Metropolitan Square
211 N. Broadway, Suite 3000
St. Louis, Missouri 63102

/s/ Guy W. Beckett
Guy W. Beckett
1708 Bellevue Ave
Seattle, WA 98122
Telephone: [phone]

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STIPULATION AND ORDER REGARDING
CLASS NOTICE DEADLINES
No. C09-1370 RSL

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Telephone: [phone]
Facsimile: [phone]
[e-mail]

Facsimile: [phone]
[e-mail]

Stephen M. Rummage (WSBA No. 11168)
DAVIS WRIGHT TREMAINE LLP
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
Telephone: [phone]
Facsimile: [phone]
[e-mail]

Rob Williamson
WILLIAMSON & WILLIAMS
2239 W Viewmont Way W
Seattle, WA 98199
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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SNR DENTON US LLP
211 N. BROADWAY, SUITE 3000
ST. LOUIS, MISSOURI 63102
[phone]

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STIPULATION AND ORDER REGARDING
CLASS NOTICE DEADLINES
No. C09-1370 RSL

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ORDER

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IT IS SO ORDERED.

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The following deadlines are set: (a) Plaintiff to generate and provide to Defendant a proposed

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mailing list by December 10, 2012; (b) Defendant to file any motion objecting to that list by

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December 17, 2012; (c) Plaintiff to cause the approved notice to be mailed by first-class mail and,

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where available, sent by email to members of the classes by December 24, 2012; (d) Plaintiff to cause

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the approved publication notice to be published in the Seattle Times on one weekend day between

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December 24, 2012 and January 6, 2013; and (e) Plaintiff to file a list of all individuals who have

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opted out from one or more of the classes on or before February 28, 2013.

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Dated this 27th day of November, 2012.

SNR DENTON US LLP
211 N. BROADWAY, SUITE 3000
ST. LOUIS, MISSOURI 63102
[phone]

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A

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HONORABLE ROBERT S. LASNIK
UNITED STATES DISTRICT JUDGE

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Presented by:

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SNR DENTON US LLP

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/s/ Elizabeth T. Ferrick
Elizabeth T. Ferrick (pro hac vice)
One Metropolitan Square
211 N. Broadway, Suite 3000
St. Louis, Missouri 63102
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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STIPULATION AND ORDER REGARDING
CLASS NOTICE DEADLINES
No. C09-1370 RSL

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