Lohr v. Nissan North America, Inc et al

Filing 70

STIPULATION AND ORDER to extend class certification deadlines to facilitate settlement discussions. Deadline to file Motion for Class Certification and serve Plaintiffs' expert disclosures and reports is 6/14/2019; Deadline for Plaintiffs t o produce experts for deposition is 7/26/2019; Deadline to file opposition to Motion for Class Certification and serve NNA's expert disclosures and reports is 9/4/2019; Deadline for NNA to produce experts for deposition is 9/23/2019; Deadline to file reply regarding Motion for Class Certification is 10/14/2019. Signed by Judge Ricardo S. Martinez. (PM)

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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,
v.

Case No. C16-1023 RSM
STIPULATION AND ORDER TO EXTEND
CLASS CERTIFICATION DEADLINES TO
FACILITATE SETTLEMENT
DISCUSSIONS

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

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Plaintiffs Tamara Lohr and Ravikiran Sindogi (“Plaintiffs”) and Defendant Nissan North

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America, Inc. (“NNA”) (collectively, the “Parties”) enter into this stipulation with reference to the

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following facts and recitals:

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WHEREAS, the Parties have worked diligently and amicably to resolve issues regarding the

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scope of discovery, production of electronically stored information, the terms of the Stipulated

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Protective Order, and the coordination of this matter 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-00517

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(N.D. Cal. Filed Feb. 1, 2017).

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STIPULATION AND ORDER RE: EXTENSION OF
DEADLINES
CASE NO.: C16-1023 RSM

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

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WHEREAS, On June 16, 2017, the Court adopted its first scheduling order. (Dkt. 47). Two

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extensions of the class certification briefing schedule have been entered in this matter. (See Dkt. 62,

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68).

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WHEREAS, the Parties have engaged in written discovery, document production, and third-

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

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corporate representative from NNA’s parent company, NML, which is located overseas and has

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never been served in this case or in the Johnson case. The parties in Johnson, however, entered into

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a stipulation that permits plaintiffs in that case to serve discovery requests directed to NML on

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counsel for NNA, in exchange for extended response time obligations. See Dkt. 67, Exhibit A. The

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Parties have further agreed that Plaintiffs in Lohr may access and use this NML discovery.

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WHEREAS, to date, NML has responded to written discovery in Johnson, and the Parties are

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in the process of scheduling a corporate deposition of NML. However, given the number of

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depositions to be taken in addition to the corporate deposition of NML, Plaintiffs require additional

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time to complete discovery in anticipation of class certification briefing and in anticipation of the

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preparation of expert reports.

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WHEREAS, in an attempt to resolve this dispute before costly and time-consuming fact and

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expert discovery, the Parties conferred and have agreed to extend the deadlines in this case and in

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Johnson, to facilitate resolution discussions. Parties are working on scheduling a mediation in this

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case in early 2019.

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WHEREAS, an extension of the deadlines in this matter, as reflected below, would facilitate
settlement discussions and will not be unduly prejudicial to either party.

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WHEREAS, the Parties have coordinated with counsel in Johnson and are seeking entry of a

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similar scheduling order. If this Court and the Johnson court approve these requests, then the two

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cases will remain on parallel tracks if a resolution is not reached.

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STIPULATION AND ORDER RE: EXTENSION OF
DEADLINES
CASE NO.: C16-1023 RSM

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

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For these reasons, the Parties stipulate to extend the deadlines in this matter as set forth
below and respectfully request that the Court enter an order accordingly:
Event
Current Deadline Proposed Deadline
Deadline to file Motion for Class Certification and
January 15, 2019
serve Plaintiffs’ expert disclosures and reports

June 14, 2019

Deadline for Plaintiffs to produce experts for
deposition

July 26, 2019

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February 26, 2019

Deadline to file opposition to Motion for Class
Certification and serve NNA’s expert disclosures April 2, 2019
and reports

September 4, 2019

Deadline for NNA to produce experts for
deposition

September 23, 2019

April 23, 2019

Deadline to file reply regarding Motion for Class May 14, 2019
Certification

October 14, 2019

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STIPULATION AND ORDER RE: EXTENSION OF
DEADLINES
CASE NO.: C16-1023 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 14th day of November, 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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STIPULATION AND ORDER RE: EXTENSION OF
DEADLINES
CASE NO.: C16-1023 RSM

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

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PURSUANT TO STIPULATION, IT IS SO ORDERED this 16th day of November.

A

RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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STIPULATION AND ORDER RE: EXTENSION OF
DEADLINES
CASE NO.: C16-1023 RSM

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