Gragg v. Orange Cab Company et al

Filing 43

STIPULATION AND ORDER CONTINUING DEADLINE FOR PLAINTIFF TO FILE MOTION FOR CLASS CERTIFICATION by Judge Robert S. Lasnik. (TF)

The Honorable Robert S. Lasnik

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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9 TORREY GRAGG, on his own behalf and on
behalf of similarly situated persons,
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Plaintiff,
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v.
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ORANGE CAB COMPANY, INC., a
13 Washington corporation; and RIDECHARGE,
INC., a Delaware corporation d/b/a TAXI
14 MAGIC,
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Defendants.

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Case No. 2:12-cv-00576-RSL
STIPULATION AND ORDER
CONTINUING DEADLINE FOR
PLAINTIFF TO FILE MOTION
FOR CLASS CERTIFICATION

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The parties, by and through their attorneys of record, respectfully request that the Court
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enter the proposed Order set forth below, which extends the deadline for plaintiff Torrey Gragg
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to file his Motion for Class Certification until 90 days from the date the Court enters an Order on
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defendants Ridecharge, Inc.’s (d/b/a “TaxiMagic”) and Orange Cab Company, Inc.’s (“Orange
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Cab) Motion for Judgment on the Pleadings. In support of this request, the parties represent the
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following to the Court:
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1.

On July 19, 2012, pursuant to the parties’ agreement in the Joint Status Report

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and Discovery Plan, the Court set February 22, 2013 as the deadline for plaintiff to file his
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Motion for Class Certification [Dkt. 26].
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2.

On September 24, 2012, defendants filed a Motion for Judgment on the Pleadings

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seeking dismissal of plaintiff’s claims [Dkt. 29]. This Motion is fully briefed and pending
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STIPULATION AND ORDER CONTINUING
CLASS CERTIFICATION DEADLINE
(No. 2:12-cv-00576-RSL) — 1
DWT 20936436v1 0095872-000001

Davis Wright Tremaine LLP
L AW O F FI CE S
Suite 2200  1201 Third Avenue
Seattle, Washington 98101-3045

[phone]  Fax: [phone]

1 decision of the Court. Defendants also filed a Motion for Protective Order Staying Discovery
2 Pending Resolution of Motion for Judgment on the Pleadings [Dkt. 31]. The Court denied
3 defendants’ Motion for Protective Order on October 30, 2012 [Dkt. 40].
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3.

Since October 30, 2012, the parties have engaged in written discovery and are in

5 the process of exchanging documents. The parties are currently preparing to conduct depositions
6 in various locations across the United States. The parties will incur significant cost conducting
7 and defending these depositions.
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4.

Because the Court’s decision on defendants’ Motion for Judgment on the

9 Pleadings may affect the arguments plaintiff might make in his Motion for Class Certification
10 and therefore alter the scope of class-certification related discovery and, in particular, may alter
11 the scope of upcoming depositions plaintiff intends to take, plaintiff’s counsel asked defendants’
12 counsel to agree to continue plaintiff’s deadline to file his Motion for Class Certification until 90
13 days from the date the Court enters an Order on defendants’ pending Motion for Judgment on the
14 Pleadings. Defendants’ counsel agreed to that request.
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5.

In light of the foregoing, the parties agree (subject to the Court’s approval) that

16 the deadline for plaintiff to file his Motion for Class Certification should be continued until 90
17 days from the date the Court enters an Order on defendants’ Motion for Judgment on the
18 Pleadings.
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6.

Good cause for approving the continuance exists. The continuance will ensure

20 plaintiff has sufficient time to conduct class-certification related discovery and to adequately
21 address the issues presented by class certification.
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STIPULATION AND ORDER CONTINUING
CLASS CERTIFICATION DEADLINE
(No. 2:12-cv-00576-RSL) — 2
DWT 20936436v1 0095872-000001

Davis Wright Tremaine LLP
L AW O F FI CE S
Suite 2200  1201 Third Avenue
Seattle, Washington 98101-3045

[phone]  Fax: [phone]

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3 Stipulated and respectfully submitted this 15th day of January, 2013, by:
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5 DAVIS WRIGHT TREMAINE LLP
Attorneys for Defendants
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7 By:
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s/ Ryan C. Gist
Kenneth E. Payson, WSBA #26369
Ryan C. Gist, WSBA #41816
1201 Third Avenue, Suite 2200
Seattle, Washington 98101-3045
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
[e-mail]

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13 HEYRICH KALISH MCGUIGAN PLLC
Counsel for Plaintiff
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By:
s/ Donald W. Heyrich
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Donald W. Heyrich, WSBA #23091
1325 Fourth Ave, Suite 540
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Seattle, Washington 98101
Telephone: [phone]
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Fax: [phone]
E-mail: [e-mail]
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KIRBY LAW GROUP
Albert H. Kirby, WSBA #23091
93 S. Jackson St. #63230
Seattle, Washington 98104
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]

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STIPULATION AND ORDER CONTINUING
CLASS CERTIFICATION DEADLINE
(No. 2:12-cv-00576-RSL) — 3
DWT 20936436v1 0095872-000001

Davis Wright Tremaine LLP
L AW O F FI CE S
Suite 2200  1201 Third Avenue
Seattle, Washington 98101-3045

[phone]  Fax: [phone]

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ORDER

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IT IS SO ORDERED. The Court VACATES the February 22, 2013, deadline for

3 plaintiff to file his Motion for Class Certification set forth in its Minute Order dated July 19,
4 2012 [Dkt. 26] and CONTINUES said date until 90 days from the date the Court enters an Order
5 on defendants’ Motion for Judgment on the Pleadings [Dkt. 29].
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DATED this 18th day of January, 2013.

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A
Robert S. Lasnik

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United States District Judge 

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Presented by:

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DAVIS WRIGHT TREMAINE LLP
13 Attorneys for Defendants
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s/ Ryan C. Gist
Kenneth E. Payson, WSBA #26369
Ryan C. Gist, WSBA #41816
1201 Third Avenue, Suite 2200
Seattle, Washington 98101-3045
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
[e-mail]

19 HEYRICH KALISH MCGUIGAN PLLC
Counsel for Plaintiff
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By:
s/ Donald W. Heyrich
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Donald W. Heyrich, WSBA #23091
1325 Fourth Ave, Suite 540
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Seattle, Washington 98101
Telephone: [phone]
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Fax: [phone]
E-mail: [e-mail]
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KIRBY LAW GROUP
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STIPULATION AND ORDER CONTINUING
CLASS CERTIFICATION DEADLINE
(No. 2:12-cv-00576-RSL) — 4
DWT 20936436v1 0095872-000001

Davis Wright Tremaine LLP
L AW O F FI CE S
Suite 2200  1201 Third Avenue
Seattle, Washington 98101-3045

[phone]  Fax: [phone]

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Albert H. Kirby, WSBA #23091
93 S. Jackson St. #63230
Seattle, Washington 98104
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]

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STIPULATION AND ORDER CONTINUING
CLASS CERTIFICATION DEADLINE
(No. 2:12-cv-00576-RSL) — 5
DWT 20936436v1 0095872-000001

Davis Wright Tremaine LLP
L AW O F FI CE S
Suite 2200  1201 Third Avenue
Seattle, Washington 98101-3045

[phone]  Fax: [phone]