Lohr v. Nissan North America, Inc et al

Filing 77

ORDER re parties' 76 Stipulation to Further Extend Class Certification Deadlines. Deadline to file Motion for Class Certification and serve Plaintiffs' expert disclosures and report is 9/17/2020; Deadline for Plaintiffs to produce exp erts for deposition is 10/28/2020; Deadline to file opposition to Motion for Class Certification and serve NNA's expert disclosures and reports is 1/14/2021; Deadline for NNA to produce experts for deposition is 2/18/2021; Deadline to file reply regarding Motion for Class Certification is 3/2/2021. 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

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

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Plaintiffs,

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

vs.
NISSAN NORTH AMERICA, INC.
Defendant.
Plaintiffs Tamara Lohr and Ravikiran Sindogi (“Plaintiffs”) and Defendant Nissan North
America, Inc. (“NNA”) (collectively, the “Parties”) enter into this stipulation with reference to
the following facts and recitals:

1. Five other extensions of the class certification briefing schedule have been entered in
this matter. ECF Nos. 62, 68, 70, 73, and 75.

2. Following the entry of the Court’s last extension, the Parties have been diligently
undertaking discovery.

3. However, in light of the recent outbreak of the novel coronavirus (also called COVID19) and the associated health risks, the Parties are unable to complete the discovery
needed by both parties which includes both additional depositions and vehicle
inspections that will require significant travel for lawyers as well as court reporters,
videographers, witnesses and experts in time to meet the current deadlines related to
class certification and expert witness disclosure.

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STIPULATION AND ORDER TO FURTHER EXTEND
CLASS CERTIFICATION DEADLINES - 1
CASE NO. 2:16-CV-01023-RSM

GREG COLLEMAN LAW PC

800 S. Gay Street, Suite 1100
Knoxville, TN 37929
TEL. [phone]  FAX [phone]
www.gregcolemanlaw.com

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4. The Parties are coordinating discovery and class certification deadlines in this action

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with a companion case filed in the Northern District of California, Johnson, et al. v.

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Nissan N. Am., Inc., Case No. 3:17-cv-00517-WHO.

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5. The Western District of Washington has recognized the serious health risks associated

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with COVID-19 and has taken steps in response to its recent outbreak, including

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issuing General Order No. 02-20.

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6. As the result of the outbreak of COVID-19, the Parties have agreed to extend the

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deadlines in this case and in Johnson to accommodate the delays in discovery

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necessary to ensure the safety and health of the Parties and their counsel.

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7. 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,

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then the two cases will remain on parallel tracks if a resolution is not reached prior to

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class certification. An extension of the deadlines in this matter, as reflected below,

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may facilitate on-going informal settlement discussions, and will not be unduly

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prejudicial to either party.

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8. For the above 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:

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Event

Deadline

Proposed Deadline

Deadline to file Motion for Class
Certification and serve Plaintiffs’ expert
disclosures and reports

June 19, 2020

September 17, 2020

Deadline for Plaintiffs to produce experts
for deposition

July 30, 2020

October 28, 2020

October 9, 2020

January 14, 2021

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

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STIPULATION AND ORDER TO FURTHER EXTEND
CLASS CERTIFICATION DEADLINES - 2
CASE NO. 2:16-CV-01023-RSM

GREG COLLEMAN LAW PC

800 S. Gay Street, Suite 1100
Knoxville, TN 37929
TEL. [phone]  FAX [phone]
www.gregcolemanlaw.com

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Deadline for NNA to produce experts for
deposition

November 13, 2020

February 18, 2021

Deadline to file reply regarding Motion for
Class Certification

November 25, 2020

March 2, 2021

To be set by the Court

As set by the Court

Class Certification Hearing

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IT IS SO STIPULATED.
Respectfully submitted,

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Dated: March 23, 2020
By: /s/ Adam A. Edwards
On Behalf of Plaintiffs
Gregory F. Coleman (pro hac vice)
Adam A. Edwards (pro hac vice)
Lisa A. White (pro hac vice)
GREG COLEMAN LAW PC
800 S. Gay Street, Suite 1100
Knoxville, Tennessee 37929
Tel: [phone]
[e-mail]
[e-mail]
[e-mail]
Beth E. Terrell (WSBA #26759)
Amanda M. Steiner (WSBA #29147)
Benjamin M. Drachler (WSBA #51021)
TERRELL MARSHALL LAW GROUP PLLC
936 North 34th Street, Suite 300
Seattle, Washington 98103-8869
Telephone: [phone]
[e-mail]
[e-mail]
[e-mail]
Charles Crueger (pro hac vice)
Erin Dickinson (pro hac vice)
CRUEGER DICKINSON LLC
4532 N. Oakland Avenue
STIPULATION AND ORDER TO FURTHER EXTEND
CLASS CERTIFICATION DEADLINES - 3
CASE NO. 2:16-CV-01023-RSM

GREG COLLEMAN LAW PC

800 S. Gay Street, Suite 1100
Knoxville, TN 37929
TEL. [phone]  FAX [phone]
www.gregcolemanlaw.com

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Whitefish Bay, WI 53211
Telephone: [phone]
[e-mail]
[e-mail]

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Edward A. Wallace
WEXLER WALLACE LLP
55 West Monroe Street, Suite 3300
Chicago, Illinois 60603
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Attorneys for Plaintiffs

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Dated: March 23, 2020

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By: /s/ Holly Pauling Smith
On Behalf of Defendant

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William R. Sampson (pro hac vice)
Holly Pauling Smith (pro hac vice)
SHOOK, HARDY & BACON L.L.P.
2555 Grand Boulevard
Kansas City, Missouri 64108
Tel: [phone]
Fax: [phone]
Heather A. Hedeen, WSBA #50687
SHOOK HARDY & BACON L.L.P.
701 Fifth Avenue, Suite 6800
Seattle, WA 98104
Phone: [phone]
[e-mail]

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Amir M. Nassihi (SBN 235936)
SHOOK, HARDY & BACON L.L.P.
One Montgomery, Suite 2600
San Francisco, CA 94104
Tel: [phone]
Fax: [phone]
[e-mail]

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Attorneys for Defendant

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STIPULATION AND ORDER TO FURTHER EXTEND
CLASS CERTIFICATION DEADLINES - 4
CASE NO. 2:16-CV-01023-RSM

GREG COLLEMAN LAW PC

800 S. Gay Street, Suite 1100
Knoxville, TN 37929
TEL. [phone]  FAX [phone]
www.gregcolemanlaw.com

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I. ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.
Dated this 24 day of March 2020.

A

RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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STIPULATION AND ORDER TO FURTHER EXTEND
CLASS CERTIFICATION DEADLINES - 5
CASE NO. 2:16-CV-01023-RSM

GREG COLLEMAN LAW PC

800 S. Gay Street, Suite 1100
Knoxville, TN 37929
TEL. [phone]  FAX [phone]
www.gregcolemanlaw.com