Lohr v. Nissan North America, Inc et al

Filing 63

STIPULATION AND ORDER re parties' 61 Stipulated MOTION for Order Regarding Contact with Putative Class Members by Judge Ricardo S Martinez. (TH)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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

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Case No. C16-1023 RSM
STIPULATED MOTION AND ORDER
REGARDING CONTACT WITH
PUTATIVE CLASS MEMBERS

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

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As contemplated by the Protective Order (Dkt. 54), and to implement a procedure for

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contacting absent putative class members that protects against putative class members being

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inappropriately influenced or subjected to harassment, the parties hereby stipulate to the following

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provisions regarding contact with absent putative class members by Plaintiffs’ counsel, Defendant

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Nissan North America, Inc.’s (“NNA”) counsel, and those acting on their behalf:

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1. CONTACT PERMITTED BY BOTH SIDES

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Plaintiffs’ Counsel, NNA’s Counsel, and those acting on their behalf shall be permitted to

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initiate informal oral communications with any putative class member who is not already represented

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by counsel, regardless of whether their identities are discovered through NNA’s records or otherwise,

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and regardless of whether they claim to have experienced a “shattering event” (as that term is used in

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MOTION AND ORDER RE: CONTACT WITH
PUTATIVE CLASS MEMBERS CASE NO.: 2:16-cv01023-RSM
401727 v1

SHOOK, HARDY & BACON L.L.P.
701 Fifth Ave., Suite 6800
Seattle, WA 98104, 206.344.6700

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the Amended Complaint, Dkt. # 12) with a panoramic sunroof, if the procedures set forth below are

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followed.

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2. SCRIPT TO BE READ TO PUTATIVE CLASS MEMBERS
Prior to speaking with putative class members, Plaintiffs’ Counsel, NNA’s Counsel, and
their representatives shall read a “script,” attached as Exhibit A, that will inform the individual:

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a. That litigation has been commenced against NNA regarding panoramic sunroofs;

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b. That the caller is contacting the individual on behalf of [plaintiffs or NNA];

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c. That the individual does not have any obligation to speak with the caller;

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d. That the individual is free to end the conversation at any time; and

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e. [For putative class members whose contact information was gained through PII

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produced by NNA in this litigation:] that NNA was required to produce the

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individual’s PII by Court order.

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3. NO DISRUPTION OF BUSINESS OPERATIONS

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This Order shall not prevent NNA or its dealers from acting in the normal course of their

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business or in any way alter NNA’s normal continuing business operations. Nor shall this Order in

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any way limit NNA or NNA’s counsel’s ability to communicate with authorized NNA dealers or NNA

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employees and similar persons who are not exclusively customers of NNA.

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4. APPLICABILITY TO OTHER ORDERS
The Protective Order (Dkt. # 54) is hereby amended to the extent necessary to allow
putative class member contact as set forth herein.

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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RESPECTFULLY SUBMITTED AND DATED this 27th day of March 2018.

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TERRELL MARSHALL LAW
GROUP PLLC
Attorneys for Plaintiffs
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
MOTION AND ORDER RE: CONTACT WITH
PUTATIVE CLASS MEMBERS – 1
CASE NO.: 2:16-cv-01023-RSM

SHOOK HARDY & BACON L.L.P.
Attorneys for Defendant Nissan North America, Inc.
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]
SHOOK, HARDY & BACON L.L.P.
701 Fifth Ave., Suite 6800
Seattle, WA 98104, 206.344.6700

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936 North 34th Street, Ste. 300
Seattle, WA 98103-8869
Phone: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[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]

[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
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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MOTION AND ORDER RE: CONTACT WITH
PUTATIVE CLASS MEMBERS – 2
CASE NO.: 2:16-cv-01023-RSM

SHOOK, HARDY & BACON L.L.P.
701 Fifth Ave., Suite 6800
Seattle, WA 98104, 206.344.6700

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ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED this 28th day of March 2018.

A

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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MOTION AND ORDER RE: CONTACT WITH
PUTATIVE CLASS MEMBERS – 3
CASE NO.: 2:16-cv-01023-RSM

SHOOK, HARDY & BACON L.L.P.
701 Fifth Ave., Suite 6800
Seattle, WA 98104, 206.344.6700

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EXHIBIT A: TELEPHONE SCRIPT

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Litigation has been commenced against Nissan in which plaintiffs allege claims concerning panoramic

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sunroofs in certain Nissan vehicles. I am contacting you on behalf of [plaintiffs/Nissan].

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[For customers contacted as a result of PII found in NNA’s records:] Before we speak

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further, I am required to advise you that, as part of this litigation, Nissan has been

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required to provide plaintiffs’ counsel with records kept by Nissan that concern

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information or complaints you provided to Nissan when you contacted Nissan’s

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customer call center about your vehicle or when you brought your vehicle to an

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authorized Nissan dealership for service. Before providing these records to plaintiffs’

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counsel, Nissan removed identifying information to the extent permitted by the Court.

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However, Nissan was required to provide these records to plaintiffs’ counsel without

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removing certain identifying information about you, including your name, address, and

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telephone number.

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I am also required to advise you that you do not have any obligation to speak with me and you have

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the right to end this conversation at any time.

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Are you willing to speak with me concerning your Nissan vehicle?

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MOTION AND ORDER RE: CONTACT WITH
PUTATIVE CLASS MEMBERS – 4
CASE NO.: 2:16-cv-01023-RSM

SHOOK, HARDY & BACON L.L.P.
701 Fifth Ave., Suite 6800
Seattle, WA 98104, 206.344.6700