Mendis v. Schneider National Carriers, Inc.

Filing 130

ORDER granting Plaintiffs' 124 MOTION to Approve Proposed Notice Plan and Set Case Schedule : 39.1 mediation to be completed by 12/31/2017, Discovery completed by 12/8/2017, Dispositive motions due by 11/10/2017, Expert Witness Disclos ure/Reports under FRCP 26(a)(2) due by 10/9/2017, Proposed pretrial order due by 2/16/2018, Defendants Pretrial Statement due by 1/26/2018, Plaintiffs Pretrial Statement due by 1/19/2018, Rebuttal Expert Disclosure/Reports due by 11/6/2017, Jury Trial is set for 3/5/2018 before U.S. District Judge John C Coughenour, signed by U.S. District Judge John C Coughenour. (SWT)

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THE HONORABLE JOHN C. COUGHENOUR 1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 9 BALAPUWADUGE MENDIS, et al., 10 Plaintiffs, ORDER v. 11 12 CASE NO. C15-0144-JCC SCHNEIDER NATIONAL CARRIERS, INC., 13 Defendant. 14 15 16 17 18 19 20 21 22 23 24 25 26 This matter comes before the Court on Plaintiffs’ motion to approve proposed notice plan and set case schedule (Dkt. No. 124). Having thoroughly considered the parties’ briefing and the relevant record, the Court finds oral argument unnecessary and hereby GRANTS the motion for the reasons explained herein. On February 7, 2017, this Court certified a Class and two Sub-Classes. (Dkt. No. 117.) Plaintiffs now move for approval of their notice plan and to establish a case schedule, with a January 29, 2018 trial date. (Dkt. No. 124 at 2.) Defendant opposes the proposed class notice form because (1) the opt-out period of 45 days is too short, and should be 75 to 90 days; (2) the form does not include a reference to the fact that there is a pending motion for reconsideration of the Ninth Circuit’s denial of Defendant’s appeal; and (3) the form does not inform putative class members that if they do not opt out, they may be required to respond to discovery requests, ORDER PAGE - 1 1 attend depositions, or testify at trial. (Dkt. No. 126 at 6–7.) Defendant also opposes the trial date 2 of January 29, 2018, claiming it only agreed to that date on the premise that Plaintiffs go through 3 with the June 2017 mediation, which they did not. (Id. at 5.) Defendant requests a trial date of 4 April 16, 2018. (Id. at 8.) 5 In their reply, Plaintiffs agreed to a 75 day opt-out period. (Dkt. No. 128 at 4.) The Court 6 otherwise finds Plaintiffs’ proposed notice form adequate. The Court will not require Plaintiffs to 7 add information regarding Defendant’s motion for reconsideration. It will also not require 8 Plaintiffs to inform putative class members that they may be called upon to participate in 9 discovery or trial, especially when Defendant has not made a showing that limited written 10 discovery, depositions, or trial testimony are necessary. See Newberg on Class Actions §§ 1:5, 11 9:13, 21:41 (5th ed.). 12 In addition to the notice plan and case schedule, under Local Civil Rule 39.1(c)(1), the 13 Court ORDERS the parties to engage in mediation by December 31, 2017. The costs of 14 mediation shall be borne equally by the parties unless they agree otherwise. 15 // 16 // 17 // 18 // 19 // 20 // 21 // 22 // 23 // 24 // 25 // 26 // ORDER PAGE - 2 1 The Court ORDERS the trial date be set for March 5, 2018 and the following schedule: 2 3 4 Event Class Notice Sent Out Opt-Out Deadline 5 6 7 8 9 10 11 12 13 14 15 16 17 Deadline for Both Sides to Disclose Expert Testimony and Written Reports Deadline for Both Sides to Disclose Rebuttal Expert Reports Deadline for Dispositive Motions Dispositive Motion Responses Dispositive Motion Replies Deadline for Expert Depositions Deadline for Fact Discovery Deadline to Complete Court-Ordered Mediation Plaintiffs’ Pretrial Statement Due Defendant’s Pretrial Statement Due Deadline to Disclose Designations of Deposition Testimony and Discovery Responses Deadline for Parties to Meet and Confer Regarding Pretrial Order Proposed Pretrial Order Due Deadline to Serve Objections to Exhibits, Designations of Deposition Testimony, and Discovery Responses Trial Deadline July 2017 September 2017 (75 day opt-out period) 10/9/2017 11/6/2017 11/10/2017 12/4/2017 12/8/2017 12/8/2017 12/8/2017 12/31/2017 1/19/2018 1/26/2018 2/2/2018 2/9/2018 2/16/2018 2/16/2018 3/5/2018 For the foregoing reasons, Plaintiffs’ motion to approve proposed notice plan and set case schedule (Dkt. No. 124) is GRANTED. 18 19 DATED this 29th day of June, 2017. A 20 21 22 John C. Coughenour UNITED STATES DISTRICT JUDGE 23 24 25 26 ORDER PAGE - 3

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