Lohr v. Nissan North America, Inc et al

Filing 68

STIPULATION AND ORDER to extend class certification deadlines. Deadline for Plaintiffs to file motion for class certification and to serve expert disclosures and reports is 1/15/2019; Deadline for Plaintiffs to produce experts for deposition is 2/26 /2019; Deadline for NNA to file opposition to motion for class certification and to serve expert disclosures and reports is 4/2/2019; Deadline for NNA to produce experts for deposition is 4/23/2019; Deadline to file reply regarding Motion for Class Certification is 5/14/2019. Signed by Judge Ricardo S. Martinez. (PM)

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THE HONORABLE RICARDO S. MARTINEZ

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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,

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Plaintiffs,

Case No. 2:16-cv-01023-RSM
STIPULATION AND ORDER TO EXTEND
CLASS CERTIFICATION DEADLINES

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

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The parties respectfully request an extension of the deadlines in this case. They have worked

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diligently and amicably to resolve issues regarding the scope of discovery, production of electronically

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stored information, the terms of the Stipulated Protective Order, and the coordination of this matter

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with a related case filed in the Northern District of California, Sherida Johnson et. al. v. Nissan N.

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Am., Inc., et al., Case No. 3:17-cv-00517 (N.D. Cal. Filed Feb. 1, 2017).

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One particular challenge has been the scheduling of the deposition of a witness from Japan-

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based Nissan Motor Company, Ltd. (“NML”), which is a named-but-unserved defendant in the Lohr

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case. (The only served defendant in Lohr is Nissan North America, Inc. (“NNA”).) The parties have

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agreed through a stipulation entered in the Johnson case (in which NML is also unserved) that certain

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discovery to NML may be served on counsel for NNA, and further that such discovery may be used
STIPULATED MOTION AND ORDER
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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by Plaintiffs in both Lohr and Johnson. The NML deponent, however, is unavailable for deposition

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until November 8, 2018. The current Lohr deadline of December 3, 2018 for Plaintiffs to file their

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class certification papers and expert reports is now highly compressed.

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The parties have coordinated with counsel in Johnson, and the proposed extension of deadlines

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set forth below, if entered, would place both Lohr and Johnson on the same track for class briefing,

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class-related expert reports, and class-related expert depositions.

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I.

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

models of Nissan vehicles suffer from a uniform defect. Nissan denies these allegations.

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On July 16, 2017, the Court adopted its first scheduling order based on dates the parties

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proposed in a Joint Status Report. Dkt. No. 47. That Order set class-related deadlines beginning with

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a May 25, 2018, deadline for Plaintiffs’ motion for class certification and expert disclosures. Id. On

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March 28, 2018, the Court amended the scheduling order following a joint request from the parties

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premised on the status of document collection, review, and production. The amended schedule set

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class-related deadlines beginning with a December 3, 2018, deadline for Plaintiffs’ motion for class

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certification and expert disclosures. Dkt. 62.

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The parties have engaged in written discovery, document production, and third-party

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discovery. Deposition scheduling also is currently underway. Plaintiffs wish to depose a corporate

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representative from NNA’s parent company, NML, which is located overseas and has never been

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served in this case or in the Johnson case. The parties in Johnson, however, entered into a stipulation

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that permits plaintiffs in that case to serve discovery requests directed to NML on counsel for NNA,

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in exchange for extended response time obligations. See Johnson, Case No. 3:17-cv-00517 (N.D.

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Cal.), at Dkt. 39, attached hereto as Exhibit A. The parties have further agreed that Plaintiffs in Lohr

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may access and use this NML discovery.

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To date, NML has responded to written discovery in Johnson, and the parties are in the process

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of scheduling a corporate deposition of NML. The NML deponent, however, is committed to business

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obligations in Europe and elsewhere and is not available for deposition until November 8, 2018.

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MOTION FOR ORDER RE: EXTENSION OF
DEADLINES
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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Moreover, because NML’s role as it relates to this litigation primarily relates to pre-production design

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and testing, the parties are in agreement that it makes sense to depose NML before deposing NNA,

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meaning that the NNA deposition would not occur until the week of November 12, 2018. Given the

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current Lohr deadline of December 3, 2018, for Plaintiffs to file their class certification motion and

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expert reports the parties jointly seek to push the current Lohr deadlines by a little more than a month,

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with Plaintiffs’ new class certification deadline falling on January 15, 2019.

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By way of background, the parties in Johnson are seeking entry of a similar scheduling order.

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If this Court and the Johnson court approve these requests, then the two cases will be on parallel tracks

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that hopefully would provide some economies.

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

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discovery, schedule and complete depositions, and resolve any disputes that may arise promptly and

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without court intervention.

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

STIPULATION
Whereas, the parties jointly request that the Court amend the scheduling order as follows:
Event
Current Deadline Proposed Deadline

Deadline for Plaintiffs to file motion for class
certification and to serve expert disclosures and
reports

December 3, 2018

January 15, 2019

Deadline for Plaintiffs to produce experts for
deposition

January 11, 2019

February 26, 2019

Deadline for NNA to file opposition to motion for February 13, 2019
class certification and to serve expert disclosures
and reports

April 2, 2019

Deadline for NNA to produce experts for
deposition

April 23, 2019

March 6, 2019

Deadline to file reply regarding Motion for Class March 18, 2019
Certification

May 14, 2019

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MOTION FOR ORDER RE: EXTENSION OF
DEADLINES
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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STIPULATED TO AND DATED this 25th day of September, 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
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]

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]
[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 FOR ORDER RE: EXTENSION OF
DEADLINES
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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III.

ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: September 25, 2018

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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MOTION FOR ORDER RE: EXTENSION OF
DEADLINES
CASE NO.: 2:16-cv-01023-RSM

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