Hart et al v. CF Arcis VII LLC et al

Filing 35

ORDER granting 34 Stipulated Motion to Extend Case Deadlines. Discovery completed by 9/13/2019, Plaintiffs to file motion for class certification by 10/17/2019. Signed by Judge Ricardo S. Martinez. (PM)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

7
8
9

CLYDE STEPHEN LEWIS, JAMES PRESTI,
and MICHAEL RALLS, individual and on
behalf of all others similarly situated,

10
11
12
13
14

Plaintiffs,
v.

STIPULATED MOTION AND
ORDER TO EXTEND CASE
DEADLINES

CF ARCIS VII LLC d/b/a THE CLUB AT
SNOQUALMIE RIDGE, d/b/a TPC AT
SNOQUALMIE RIDGE, and d/b/a
SNOQUALMIE RIDGE GOLF CLUB, et al.,
Defendants.

15
16

No. C17-1932 RSM

Plaintiffs Clyde Stephen Lewis, James Presti, and Michael Ralls (“Plaintiffs”) and

17

Defendants CF Arcis VII LLC, CF Arcis IV Holdings, LLC, and Arcis Equity Partners, LLC

18

(the “Arcis Defendants”), by and through their counsel, jointly move to extend case deadlines.

19

In support of their motion, the parties assert the following:

20
21
22

1.

On August 2, 2018, the Court granted in part and denied in part the Arcis

Defendants’ Motion to Dismiss. Dkt. 26.
2.

On October 23, 2018, the Court entered a Rule 16(b) and Rule 23(d)(2)

23

Scheduling Order Regarding Class Certification Motion, establishing March 15, 2019 as the

24

deadline to complete discovery on class certification, and April 18, 2019 as the deadline for

25

Plaintiffs to file their motion for class certification (“Initial Scheduling Dates”). Dkt. 28.

26
27

3.

In the months that followed, the parties have actively explored the possibility

that this matter may be amenable to resolution without further litigation. In the course of those
STIPULATED MOTION AND ORDER TO EXTEND CASE DEADLINES
Case No. 2:17-cv-01932-RSM - 1

TERRELL MARSHALL LAW GROUP PLLC
936 North 34th Street, Suite 300
Seattle, Washington 98103-8869
TEL. [phone]  FAX [phone]
www.terrellmarshall.com

1

discussions, the parties exchanged certain discovery informally. Because of the number of

2

parties involved, discussions took longer than anticipated.

3
4
5

4.

Recently, the parties’ discussions have shifted toward mediation. The parties are

scheduled to attend mediation with Jim Smith of Smith & Hennessey PLLC on May 8th.
5.

LCR 16(b)(4) governs the modification of scheduling orders, and provides that

6

the dates and schedule specified in the Court’s scheduling order may be modified for good

7

cause and with the Court’s consent.

8
9

6.

The parties believe their respective resources are best directed toward discussing

an agreed resolution of the case, which may obviate the need for formal discovery and motions

10

practice. Should mediation fail, the parties are prepared to efficiently conduct and complete

11

discovery. However, they would like to exhaust the possibility of resolving the case without

12

further litigation before they do so.

13

7.

The Court previously found that the parties had established good cause to extend

14

the Initial Scheduling Dates by three months. The parties submit that good cause exists to

15

extend the Initial Scheduling Dates by an additional three months so that the parties have

16

sufficient time to complete their discussions.

17
18
19
20
21
22
23

8.

For these reasons, the parties respectfully request that the Court modify the case

deadlines, as follows:
EVENT

EXISTING DEADLINE

NEW DEADLINE

Deadline to complete discovery on
class certification

Friday, June 14, 2019

Friday, September 13,
2019

Deadline for Plaintiffs to file their
motion for class certification

Thursday, July 18, 2019

Thursday, October 17,
2019

24
25
26
27
STIPULATED MOTION AND ORDER TO EXTEND CASE DEADLINES
Case No. 2:17-cv-01932-RSM - 2

TERRELL MARSHALL LAW GROUP PLLC
936 North 34th Street, Suite 300
Seattle, Washington 98103-8869
TEL. [phone]  FAX [phone]
www.terrellmarshall.com

1

RESPECTFULLY SUBMITTED and DATED this 16th day of January, 2019.

2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22

Terrell Marshall Law Group PLLC
Attorneys for Plaintiffs
By s/ Adrienne D. McEntee
Adrienne D. McEntee, WSBA #34061
Beth E. Terrell, WSBA #26759
936 North 34th Street, Suite 300
Seattle, Washington 98103
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
E-mail: [e-mail]
Davis Wright Tremaine LLP
Attorneys for the Arcis Defendants
By s/ Stephen M. Rummage
Stephen M. Rummage, WSBA #11168
Rebecca J. Francis, WSBA #41196
920 Fifth Avenue, Suite 3300
Seattle, Washington 98104-1610
Phone: [phone]; Fax: [phone]
E-mail: [e-mail]
E-mail: [e-mail]
ORDER
IT IS SO ORDERED this 19th day of April 2019.

A

RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

23
24
25
26
27
STIPULATED MOTION AND ORDER TO EXTEND CASE DEADLINES
Case No. 2:17-cv-01932-RSM - 3

TERRELL MARSHALL LAW GROUP PLLC
936 North 34th Street, Suite 300
Seattle, Washington 98103-8869
TEL. [phone]  FAX [phone]
www.terrellmarshall.com