Lohr v. Nissan North America, Inc et al

Filing 62

STIPULATION AND ORDER Extending Deadlines. Deadline to file Motion for Class Certification and serve Plaintiffs expert disclosures and reports 12/3/2018; Deadline for Plaintiff to produce experts for deposition 1/11/2019; Deadline to file opposition to Motion for Class Certification and serve NNAs expert disclosures and reports 2/13/2019; Deadline for NNA to produce experts for deposition 3/6/2019; Deadline to file reply regarding Motion for Class Certification 3/18/2019. Signed by Judge Ricardo S Martinez. (TH)

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U.S. DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON

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TAMARA LOHR and RAVIKIRAN SINDOGI,
on behalf of themselves and all others similarly
situated,

v.

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STIPULATED MOTION AND ORDER
EXTENDING DEADLINES

Plaintiffs,

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NO. C16-1023 RSM

NISSAN NORTH AMERICA, INC., and
NISSAN MOTOR CO., LTD.,

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Defendants.

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The parties respectfully request a six-month extension of the deadlines in this case. The

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parties have worked diligently and amicably to resolve numerous issues regarding the scope of
discovery, production of electronically stored information, and the terms of the Stipulated
Protective Order. Having resolved these disputes, the parties agree that a six-month extension of
the deadlines in this matter is needed to complete class discovery, prepare for expert disclosure
and class certification briefing, and coordinate discovery with related litigation pending in the
Northern District of California.
I.

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On July 16, 2017, the Court adopted the case schedule the parties proposed in their Joint

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RELEVANT BACKGROUND

Status Report. Dkt. No. 47. The Court’s Scheduling Order set deadlines for class certification

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STIPULATED MOTION AND ORDER EXTENDING
DEADLINES - 1
CASE NO. 3:17-CV-05201 RBL
1031664

TERRELL MARSHALL LAW GROUP PLLC
936 North 34th Street, Suite 300
Seattle, Washington 98103-8869
TEL. [phone]  FAX [phone]
www.terrellmarshall.com

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briefing and expert disclosure and depositions, beginning with a May 25, 2018, deadline for

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Plaintiffs to file a motion for class certification and serve expert disclosures and reports. Id.

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This proposed class action involves allegations that panoramic sunroofs installed in seven

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models of Nissan vehicles suffer from a uniform defect. The parties sought to streamline and

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reduce the cost of discovery and engaged in extensive negotiations concerning the scope of

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discovery, search terms and search-term proximity for production of electronically stored

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information (“ESI”), and the terms of the Stipulated Protective Order and Order Regarding

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Discovery of ESI. The parties met and conferred on numerous occasions over the course of

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several months and were able to narrow their disputes to a single issue: whether Defendant Nissan

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North America, Inc. (“NNA”) could redact certain unprivileged information prior to production.

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On January 19, 2018, the parties filed their Proposed Stipulated Protective Order, Dkt.

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No. 52, and Stipulation and Proposed Order regarding the Discovery of ESI, Dkt. No. 53, carving

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out the issue of redaction for court resolution. On January 23, 2018, the parties jointly requested

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an expedited resolution of the remaining dispute concerning pre-production redaction. The Court

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ruled on the issue during a telephonic hearing conducted on February 1, 2018. Dkt No. 59.

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With the deadlines for class certification quickly approaching, significant discovery

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remains to be completed despite the parties’ cooperation and diligence. To date, the parties have

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exchanged and responded to written discovery, Plaintiffs have produced documents, and NNA is

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positioned to begin a rolling production of its documents based on the agreed-upon search terms

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for electronically-stored information. Third-party discovery also is underway. In addition, the

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parties are also coordinating discovery in this action with a companion case filed in the Northern

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District of California, Sherida Johnson et. al. v. Nissan N. Am., Inc., et al., Case No. 3:17-cv-

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00517 (N.D. Cal. Filed Feb. 1, 2017). The parties have agreed that Nissan’s foreign parent,

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STIPULATED MOTION AND ORDER EXTENDING
DEADLINES - 2
CASE NO. 3:17-CV-05201 RBL
1031664

TERRELL MARSHALL LAW GROUP PLLC
936 North 34th Street, Suite 300
Seattle, Washington 98103-8869
TEL. [phone]  FAX [phone]
www.terrellmarshall.com

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Nissan Motor Co., Ltd. (which is not served in the underlying case) will produce its documents

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once in the Johnson case and then those documents – subject to appropriate protection, including

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compliance with the terms of the Protective Order in the Johnson case – may be used in this case

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(despite the non-service of NML in this case). Of note, the Johnson case recently was impacted

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by the transfer of a related case from the Eastern District of California (Horne). The Johnson-

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Horne plaintiffs will file their consolidated third-amended complaint on March 16, 2018, to

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which NNA will respond on April 6, 2018. These events in Johnson have delayed the start of

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discovery, which in turn impacts the sharing of documents from that case in this case.

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The parties will continue to work diligently and cooperatively to complete document

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discovery, schedule depositions, and resolve any disputes that may arise promptly and without

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court intervention. A six-month extension of the deadlines in this matter would facilitate the

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coordination of discovery by more closely aligning the case schedule with Johnson. For these

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reasons, the parties hereby stipulate and agree as follows.
II.

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STIPULATION

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Whereas, significant discovery is still required for the parties to address class

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certification, and given the parties’ desire to coordinate discovery with Johnson, the parties

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respectfully request that the Court extend the deadlines in this matter as set forth below:

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Event

Current Deadline

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Deadline to file Motion for
Class Certification and serve
Plaintiffs expert disclosures
and reports
Deadline for Plaintiff to
produce experts for
deposition
Deadline to file opposition
to Motion for Class
Certification and serve

May 25, 2018

December 3, 2018

July 6, 2018

January 11, 2019

August 6, 2018

February 13, 2019

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Proposed Deadline

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STIPULATED MOTION AND ORDER EXTENDING
DEADLINES - 3
CASE NO. 3:17-CV-05201 RBL
1031664

TERRELL MARSHALL LAW GROUP PLLC
936 North 34th Street, Suite 300
Seattle, Washington 98103-8869
TEL. [phone]  FAX [phone]
www.terrellmarshall.com

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NNAs expert disclosures
and reports
Deadline for NNA to
produce experts for
deposition
Deadline to file reply
regarding Motion for Class
Certification

August 27, 2018

March 6, 2019

September 10, 2018

March 18, 2019

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STIPULATED TO AND DATED this 27th day of March, 2018.
TERRELL MARSHALL LAW GROUP
PLLC
Attorneys for Plaintiffs

SHOOK HARDY & BACON L.L.P.
Attorneys for Defendant Nissan North America,
Inc.

By:
/s/ Beth E. Terrell
Beth E. Terrell, WSBA #26759
Amanda M. Steiner, WSBA #29147
Benjamin M. Drachler, WSBA #51021
Terrell Marshall Law Group PLLC
936 North 34th Street, Ste. 300
Seattle, WA 98103-8869
Phone: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]

By: _/s/ Heather A. Hedeen________________
Heather A. Hedeen, WSBA #50687
SHOOK HARDY & BACON L.L.P.
701 Fifth Avenue, Suite 6800
Seattle, WA 98104
Phone: [phone]
[e-mail]

Gregory F. Coleman, Pro Hac Vice
Mark E. Silvey, Pro Hac Vice
Lisa A. White, Pro Hac Vice
GREG COLEMAN LAW PC
First Tennessee Plaza
800 South Gay Street, Suite 1100
Knoxville, TN, 37929
Phone: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]

Amir Nassihi, Pro Hac Vice
Andrew L. Chang, Pro Hac Vice
SHOOK HARDY & BACON L.L.P.
One Montgomery, Suite 2700
San Francisco, CA 94104
Phone: [phone]
[e-mail]
[e-mail]
Holly Pauling Smith, Pro Hac Vice
William R. Sampson, Pro Hac Vice
SHOOK HARDY & BACON L.L.P.
2555 Grand Boulevard
Kansas City, MO 64108
Phone: [phone]
[e-mail]
[e-mail]

Charles J. Crueger, Pro Hac Vice
Erin Dickinson, Pro Hac Vice
CRUEGER DICKINSON LLC
4532 N. Oakland Avenue

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STIPULATED MOTION AND ORDER EXTENDING
DEADLINES - 4
CASE NO. 3:17-CV-05201 RBL
1031664

TERRELL MARSHALL LAW GROUP PLLC
936 North 34th Street, Suite 300
Seattle, Washington 98103-8869
TEL. [phone]  FAX [phone]
www.terrellmarshall.com

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Whitefish Bay, WI 53211
Phone: [phone]
[e-mail]
[e-mail]
Edward A. Wallace, Pro Hac Vice
WEXLER WALLACE LLP
55 Monroe Street, STE 3300
Chicago, IL 60603
Phone: [phone]
Fax: [phone]
Email: [e-mail]

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STIPULATED MOTION AND ORDER EXTENDING
DEADLINES - 5
CASE NO. 3:17-CV-05201 RBL
1031664

TERRELL MARSHALL LAW GROUP PLLC
936 North 34th Street, Suite 300
Seattle, Washington 98103-8869
TEL. [phone]  FAX [phone]
www.terrellmarshall.com

III.

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ORDER

IT IS SO ORDERED this 28th day of March 2018.

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A

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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STIPULATED MOTION AND ORDER EXTENDING
DEADLINES - 6
CASE NO. 3:17-CV-05201 RBL
1031664

TERRELL MARSHALL LAW GROUP PLLC
936 North 34th Street, Suite 300
Seattle, Washington 98103-8869
TEL. [phone]  FAX [phone]
www.terrellmarshall.com