Rose v. Behr Process Corp. et al

Filing 38

STIPULATION AND ORDER TO EXTEND CASE DEADLINES re: 37 Stipulated Motion to extend case deadlines. Plaintiff's response to Defendants The Home Depot, Inc., and Home Depot U.S.A., Inc.'s 22 Motion to Dismiss is extended to 3/22/2018. Initial Disclosure Deadline is 3/25/2018, Combined Joint Status Report and Discovery Plan due by 3/30/2018. Deadline for Behr Process Corp., Behr Paint Corp., and Masco Corp. to file Answers is 3/25/2018. Signed by Judge Marsha J. Pechman. (PM)

THE HONORABLE MARSHA J. PECHMAN

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U.S. DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON

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LINNE ROSE, individually and on behalf of all
others similarly situated,
Plaintiffs,

NO. 2:17-cv-01754-MJP
STIPULATION AND ORDER TO
EXTEND CASE DEADLINES

vs.
BEHR PROCESS CORP., BEHR PAINT
CORP., MASCO CORP., THE HOME
DEPOT, INC., and HOME DEPOT U.S.A.,
INC.,
Defendants.

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WHEREAS, Plaintiff’s case is one of approximately twelve (12) cases that have been
filed nationwide against Defendants.
WHEREAS, on December 4, 2017, Plaintiff field a motion to transfer and consolidate
with the Judicial Panel on Multidistrict Litigation (the “MDL Motion”).
WHEREAS, on December 27, 2017, Defendants Behr Process Corporation, Behr Paint

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Corp., and Masco Corporation (the “Behr Defendants”) filed a response to Plaintiff’s MDL

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Motion that stated, among other things, that a settlement in principle had been reached in a

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different case that is nationwide in scope. Defendants The Home Depot, Inc. and Home Depot,

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U.S.A., Inc., filed a response joining the Behr Defendants’ Response.

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STIPULATION AND ORDER TO EXTEND CASE
DEADLINES - 1
Case No. 2:17-cv-01754-MJP

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WHEREAS, on January 30, 2018, the JPML issued a ruling denying transfer and

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consolidation of the approximately twelve (12) cases filed against Defendants on the basis of

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the pending settlement described in Defendants’ Response.

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WHEREAS, Defendants The Home Depot, Inc. and Home Depot USA, Inc., have filed
a Motion to Dismiss on January 31, 2018.

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WHEREAS Plaintiff’s response to the Motion to Dismiss is due on Monday, February
20, 2018.

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WHEREAS pursuant to the Court’s Order Extending Certain Deadlines (ECF 27), the
deadline for Initial Disclosures is February 23, 2018, the deadline for the Combined Joint

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Status Report and Discovery Plan is February 28, 2018, and Defendants’ Behr Process Corp.,

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Behr Paint Corp., and Masco Corp.’s Answer is due February 23, 2018.

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WHEREAS, to conserve judicial resources and promote efficiency and in view of the

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pending settlement, the parties agree to continue all deadlines discussed herein an additional

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thirty (30) days.

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IT IS HEREBY STIPULATED by and between all parties, through their respective

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counsel, that the dates for Initial Disclosures, submissions of the Combined Joint Status Report

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and Discovery Plan, filing of Answers shall be as follows:

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Plaintiff’s deadline to file a response to Defendants The Home Depot, Inc., and Home

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Depot U.S.A., Inc.’s Motion to Dismiss is extended to March 22, 2018

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The Initial Disclosures deadline is extended to March 25, 2018;

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The Combined Joint Status Report and Discovery Plan is extended to March 30, 2018;

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and
The deadline for Behr Process Corp., Behr Paint Corp., and Masco Corp. to file
Answers is March 25, 2018.

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STIPULATION AND ORDER TO EXTEND CASE
DEADLINES - 2
Case No. 2:17-cv-01754-MJP

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Respectfully submitted.
DATED:

February 16, 2018

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TERRELL MARSHALL LAW GROUP PLLC
By: /s/ Beth E. Terrell
Beth E. Terrell, WSBA #26759
Eric Riley Nusser, WSBA #51513

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WHITFIELD BRYSON & MASON, LLP
Daniel K. Bryson Pro Hac Vice
Patrick M. Wallace Pro Hac Vice
Scott C. Harris Pro Hac Vice
Attorneys for Plaintiff and the Proposed Class

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DATED:

February 16, 2018

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By: /s/ Kathleen P. Lally
Kathleen P. Lally Pro Hac Vice
Attorneys for Behr Process Corporation,
Behr Paint Corp., and Masco Corporation

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LATHAM & WATKINS LLP

DATED:

February 16, 2018

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MORRIS MANNING & MARTIN, LLP
By: /s/ Robert P. Alpert
Robert P. Alpert Pro Hac Vice
Jeffrey K. Douglass Pro Hac Vice
Attorneys for Home Depot, Inc., and
Home Depot USA, Inc.

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IT IS SO ORDERED.

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DATED this _21st_ day of __February__, 2018.

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A

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Marsha J. Pechman
United States District Judge

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STIPULATION AND ORDER TO EXTEND CASE
DEADLINES - 3
Case No. 2:17-cv-01754-MJP

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CERTIFICATE OF SERVICE
I, Beth E. Terrell, hereby certify that on February 21, 2018, I electronically filed the

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foregoing with the Clerk of the Court using the CM/ECF system which will send notification of

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such filing to the following:

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Caryn Geraghty Jorgensen, WSBA #27514
Email: [e-mail]
John T. Fetters, WSBA #40800
Email: [e-mail]
MILLS MEYERS SWARTLING
1000 Second Avenue, Suite 3000
Seattle, Washington 98104-3028
Telephone: [phone]
Facsimile: [phone]
Robert Alpert, Admitted Pro Hac Vice
Email: [e-mail]
Jeffrey Douglass, Admitted Pro Hac Vice
Email: [e-mail]
MORRIS MANNING & MARTIN LLP
3343 Peachtree Road
1600 Atlanta Financial Center
Atlanta, Georgia 30326
Telephone: [phone]

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Attorneys for Defendants Home Depot, Inc., and Home Depot U.S.A., Inc.

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Jason M. Kettrick, WSBA #35459
Email: [e-mail]
Elliot C. Copenhaver, WSBA #46909
Email: [e-mail]
Emilia L. Sweeney, WSBA #23371
Email: [e-mail]
CARNEY BADLEY SPELLMAN, P.S.
701 Fifth Avenue, Suite 3600
Seattle, Washington 98104
Telephone: [phone]
Facsimile: [phone]

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STIPULATION AND ORDER TO EXTEND CASE
DEADLINES - 4
Case No. 2:17-cv-01754-MJP

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Kathleen P. Lally, Admitted Pro Hac Vice
Email: [e-mail]
LATHAM & WATKINS, LLP
330 North Wabash Avenue, Suite 2800
Chicago, Illinois 60611
Telephone: [phone]
Attorneys for Defendants Masco Corp., Behr Process Corp.
and Behr Paint Corp.

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DATED this 21st day of February, 2018.
TERRELL MARSHALL LAW GROUP PLLC

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By:

/s/ Beth E. Terrell, WSBA #26759
Beth E. Terrell, WSBA #26759
Email: [e-mail]
936 North 34th Street, Suite 300
Seattle, Washington 98103
Telephone: [phone]
Facsimile: [phone]

Attorneys for Plaintiff

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STIPULATION AND ORDER TO EXTEND CASE
DEADLINES - 5
Case No. 2:17-cv-01754-MJP