Hoffman v. One Technologies, LLC

Filing 39

STIPULATION AND ORDER Amending Case Schedule (First Request). Jury Trial is set for 12/3/2018 before Judge Robert S. Lasnik. Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 6/6/2018, Discovery completed by 8/3/2018, Dispositive mo tions due by 9/6/2018, Amended Pleadings due by 4/6/2018, Settlement Conference set for 7/25/2018 before Judge Robert S. Lasnik. Motions in Limine due by 10/15/2018, Pretrial Order due by 11/2/2018, Trial briefs to be submitted by 11/30/2018, Proposed voir dire/jury instructions due by 11/30/2018, signed by Judge Robert S. Lasnik. (TH)

Honorable Robert S. Lasnik
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UNITED STATES DISTRICT COURT

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WESTERN DISTRICT OF WASHINGTON AT SEATTLE

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MARK HOFFMAN, on his own behalf and
on behalf of other similarly situated persons,

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Plaintiff,

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Case No. 2:16-cv-01006-RSL
STIPULATION AND ORDER AMENDING
CASE SCHEDULE (FIRST REQUEST)

v.
ONE TECHNOLOGIES, LP,

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NOTE FOR CONSIDERATION ON
AUGUST 25, 2017

Defendant.

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By and through their counsel of record, the parties seek the Court’s approval of the
stipulation amending the case schedule as submitted below.

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STIPULATION
A.

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Procedural Background
Defendant removed Plaintiff’s putative class action complaint to this Court on June 28,

2016. 1 See Dkt. #1. On July 25, 2016, Defendant moved to dismiss for failure to state a claim
and for other relief. See Dkt. #13. On July 28, 2016, Plaintiff moved to remand. See Dkt. #15.
The Court issued its first and current scheduling order on August 29, 2016. See Dkt. #20.

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Because removal occurred before Plaintiff filed the new, amended complaint in state court, the
parties subsequently stipulated and the Court thereby ordered that it would be retroactively deemed filed
in state court prior to removal. See Dkt. #8.
STIPULATION AND ORDER
(Case No. 2:16-cv-01006-RSL)
Page 1

SOUND JUSTICE LAW GROUP, PLLC
936 North 34th Street, Suite 300
Seattle, Washington 98103
[phone]

On October 26, 2016, the Court denied Plaintiff’s motion to remand. See Dkt. #24. The

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Court denied Defendant’s motion to dismiss on January 17, 2017. See Dkt. #24. Defendant

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subsequently filed its answer to Plaintiff’s amended complaint on February 26, 2017. See Dkt.

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#26. Thus, the claims and defenses genuinely in dispute in this case were identified and put at

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issue only six months ago.

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B.

The Court issued an Order Setting Trial and Related Dates (Dkt. #20) which set certain

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The Current Case Schedule

dates and deadlines for this case as follows:

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Motion for class certification due and noted on the Court’s
calendar for the fifth Friday thereafter

September 07, 2017

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Deadline for amending pleadings

October 7, 2017

Reports from expert witnesses under FRCP 26(a)(2) due

December 6, 2017

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All motions related to discovery must be noted on the motion
calendar no later than the Friday before discovery closes pursuant to
LCR 7(d) or LCR 37(a)(2)

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Settlement conference held no later than

January 19, 2018

Discovery completed by

February 4, 2018

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All dispositive motions must be filed by and noted on the motion
calendar no later than the fourth Friday thereafter
(see LCR 7(d)(3))
March 6, 2018

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All motions in limine must be filed by and noted on the motion
calendar no earlier than the second Friday thereafter.
Replies will be accepted.

April 15, 2018

Agreed pretrial order due

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May 3, 2018

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Pretrial conference to be scheduled by the Court
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Trial briefs, proposed voir dire questions, proposed jury
instructions, and trial exhibits due

May 30, 2018

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Trial:

June 4, 2018.

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C.

The claims and defenses genuinely in dispute in this case for discovery purposes were

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Background on Discovery

identified and put at issue when Defendant filed its answer on February 26, 2017. In that context,
STIPULATION AND ORDER
(Case No. 2:16-cv-01006-RSL)
Page 2

SOUND JUSTICE LAW GROUP, PLLC
936 North 34th Street, Suite 300
Seattle, Washington 98103
[phone]

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Plaintiff subsequently served sets of production requests and interrogatories on March 14, 2017.

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For good causes, including but not limited to Defendant and its counsel needing additional time

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to obtain, evaluate, and prepare potentially responsive information and documents, Defendant

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asked for multiple extensions of time to respond. Because of the good causes articulated by

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Defendant, and to avoid avoidable potentially protracted motion practice, Plaintiff agreed to the

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extensions. Defendant served its discovery responses on June 28, 2017. Defendant also served

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documents in response to the production requests in a series of productions, the last of which was

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on August 18, 2017.

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On May 2, 2017, Defendant served Plaintiff with sets of requests for admissions,

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interrogatories, and production requests. For good causes, including but not limited to Plaintiff

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and its counsel needing additional time to obtain, evaluate, and prepare potentially responsive

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information and documents, Plaintiff asked for multiple extensions of time to respond. Because

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of the good causes articulated by Plaintiff, and to avoid avoidable potentially protracted motion

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practice, Defendant agreed to the extensions. Plaintiff served its responses to the requests for

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admissions on August 18, 2017. Plaintiff will be serving responses to Defendant’s

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interrogatories and production requests on August 25, 2017 together with production of

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documents in response.
In an effort to resolve potential discovery disputes identified by both parties, the parties

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are preparing to meet and confer soon in a meaningful manner. Plaintiff’s recent responses to

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requests for admission have also identified further discovery that Defendant needs to obtain, and

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Defendant will be serving an additional set of written discovery on Plaintiff in the coming days.
Meanwhile, the parties have begun to schedule depositions, the first of which is expected

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to occur in September. At this time, Plaintiff anticipates taking at least two or three depositions

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of Defendant and its personnel. Additionally, based upon disclosures by Defendant, Plaintiff will

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be serving deposition subpoenas on at least seven third-parties who have been identified as

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possibly having some involvement in or knowledge of the transmission of emails that are a

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material subject matter of Plaintiff’s complaint. Defendant likewise plans to take a deposition of
STIPULATION AND ORDER
(Case No. 2:16-cv-01006-RSL)
Page 3

SOUND JUSTICE LAW GROUP, PLLC
936 North 34th Street, Suite 300
Seattle, Washington 98103
[phone]

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Plaintiff and likely third parties. However, the extent of Defendant’s additional discovery is

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contingent on its evaluation of Plaintiff’s discovery responses, which it has not had adequate

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opportunity to do.

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D.

Stipulated Requests
The local civil rules state, “The judges of this district are committed to assisting the bar

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and litigants to reduce costs in civil cases. It is the obligation of all counsel, as officers of the

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court, to work toward the prompt completion of each case and to minimize the costs of

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discovery.” See Local Rules W.D. Wash LCR, Introduction. At all phases of this case, the parties

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have worked together in the spirit of this rule to balance the interest of a prompt resolution of the

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case together with the need to minimize the costs of discovery. Likewise under the aegis of this

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rule, the parties now stipulate to and request amendments to the current case schedule as follows:

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Motion for class certification due and noted on the Court’s
calendar for the fifth Friday thereafter

March 8, 2018

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Deadline for amending pleadings

April 6, 2018

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Reports from expert witnesses under FRCP 26(a)(2) due

June 6, 2018

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All motions related to discovery must be noted on the motion calendar no later than
the Friday before discovery closes pursuant to LCR 7(d) or LCR 37(a)(2)

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Settlement conference held no later than

July 25, 2018

Discovery completed by

August 3, 2018

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All dispositive motions must be filed by and noted on the motion
calendar no later than the fourth Friday thereafter
(see LCR 7(d)(3))
September 6, 2018

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All motions in limine must be filed by and noted on the motion
calendar no earlier than the second Friday thereafter. Replies
will be accepted.
October 15, 2018

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Agreed pretrial order due

November 2, 2018

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Pretrial conference to be scheduled by the Court
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Trial briefs, proposed voir dire questions, proposed jury
instructions, and trial exhibits due

November 30, 2018

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Trial:

December 3, 2018.

STIPULATION AND ORDER
(Case No. 2:16-cv-01006-RSL)
Page 4

SOUND JUSTICE LAW GROUP, PLLC
936 North 34th Street, Suite 300
Seattle, Washington 98103
[phone]

The parties also stipulate and request that Plaintiff’s pending Motion for Relief from

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Deadlines and New Case Schedule (Dkt. #31) should be withdrawn and stricken as being now

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moot.

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RESPECTFULLY SUBMITTED: August 25, 2017

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/s/ Albert H. Kirby
Albert H. Kirby, WSBA #40187
SOUND JUSTICE LAW GROUP PLLC
936 North 34th Street, Suite 300
Seattle, Washington 98103
Tel: [phone]
Fax: [phone]
Email: [e-mail]

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Kim Williams, WSBA #9077
Rob Williamson, WSBA #26759
WILLIAMSON & WILLIAMS
2239 West Viewmont Way West
Seattle, Washington 98199
Tel: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]

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Attorneys for Plaintiff
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/s/ Ari N. Rothman
Ari N. Rothman, Pro Hac Vice
Joeseph L. Robbins, Pro Hac Vice
VENABLE, LLP
575 7th Street N.W.
Washington, DC 20004
Tel: [phone]
Email: [e-mail]
[e-mail]

Craig S. Sternberg, WSBA #521
STERNBERG THOMSON OKRENT
& SCHER PPLC
520 Pike Street, Ste. 2250
Seattle, WA 98101
Tel: [phone]
Fax: [phone]
Email: [e-mail]

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Attorneys for Defendant

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STIPULATION AND ORDER
(Case No. 2:16-cv-01006-RSL)
Page 5

SOUND JUSTICE LAW GROUP, PLLC
936 North 34th Street, Suite 300
Seattle, Washington 98103
[phone]

ORDER

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IT SO ORDERED. The Court adopts the parties’ stipulation.

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1.

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The case schedule is amended as follows:
Motion for class certification due and noted on the Court’s
calendar for the fifth Friday thereafter

March 8, 2018

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Deadline for amending pleadings

April 6, 2018

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Reports from expert witnesses under FRCP 26(a)(2) due

June 6, 2018

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All motions related to discovery must be noted on the motion calendar no later than
the Friday before discovery closes pursuant to LCR 7(d) or LCR 37(a)(2)

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Settlement conference held no later than

July 25, 2018

Discovery completed by

August 3, 2018

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All dispositive motions must be filed by and noted on the motion
calendar no later than the fourth Friday thereafter
(see LCR 7(d)(3))
September 6, 2018

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All motions in limine must be filed by and noted on the motion
calendar no earlier than the second Friday thereafter. Replies
will be accepted.

October 15, 2018

Agreed pretrial order due

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November 2, 2018

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Pretrial conference to be scheduled by the Court
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Trial briefs, proposed voir dire questions, proposed jury
instructions, and trial exhibits due

November 30, 2018

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Trial:

December 3, 2018.

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2.

Plaintiff’s pending Motion for Relief from Deadlines and New Case Schedule (Dkt. #31)

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is stricken as being now moot.

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Dated this 29th day of August, 2017.

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A
Robert S. Lasnik

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United States District Judge

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STIPULATION AND ORDER
(Case No. 2:16-cv-01006-RSL)
Page 6

SOUND JUSTICE LAW GROUP, PLLC
936 North 34th Street, Suite 300
Seattle, Washington 98103
[phone]