Harris v. General Motors LLC

Filing 38

MINUTE ORDER re 31 Joint Status Report and the Court's 33 37 Orders. Plaintiff's fraudulent omission claim (Count 4) remains for trial. Deadline to join additional parties is 1/29/2021. Defendant shall file an answer to Plaintiff& #039;s complaint, docket no. 1 , by 1/29/2021. Stipulated protective order due on or before 2/12/2021. Plaintiff to file a class certification motion by 3/10/2021. The motion shall be noted for 6/4/2021. Fact Discovery completed by 3/5/2021. Dispositive motions due by 4/23/2021. Any party opposing that motion shall have 28 days to respond, and the moving party shall have 14 days to reply. The motion shall be noted for 6/4/2021. Authorized by Judge Thomas S. Zilly. (PM)

Case 2:20-cv-00257-TSZ Document 38 Filed 01/06/21 Page 1 of 2

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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KELLY HARRIS,

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Plaintiff,
C20-257 TSZ

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v.
MINUTE ORDER

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GENERAL MOTORS LLC,

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Defendant.

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Having reviewed the parties’ Joint Status Report and Discovery Plan (“JSR”),
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the following Minute Order:
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(1)
Plaintiff’s fraudulent omission claim (Count 4) remains for trial. The Court
previously dismissed the claim under the Washington Consumer Protection Act (“CPA”),
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RCW § 19.86.010 et seq. (Count 2) without prejudice and with leave to amend.1 Order
(docket no. 33 at 9). Plaintiff failed to file an amended complaint within 90 days of that
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Order. See Order (docket no. 33 at 10); see also Minute Order (docket no. 37) (stating
that “the deadline to file any amended complaint[] shall remain in full force and effect”);
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(2)
Pursuant to the JSR, docket no. 31, the Court orders as follows:
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A.
The deadline to join additional parties shall be January 29, 2021;
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B.
Defendant shall file an answer to Plaintiff’s complaint, docket no. 1,
by January 29, 2021;
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The Court, however, dismissed with prejudice the injunctive relief portion of the CPA claim because

22 Plaintiff does not satisfy Article III standing requirements. See Order (docket no. 33 at 9 & n.9).
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MINUTE ORDER - 1

Case 2:20-cv-00257-TSZ Document 38 Filed 01/06/21 Page 2 of 2

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C.
Pursuant to ¶ 5(H) of the JSR, the parties shall file a stipulated
protective order on or before February 12, 2021, to govern the production
and use of confidential information and to address privilege issues in the
case;

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D.
Pursuant to ¶ 5(F) of the JSR, the Court sets a deadline of March 10,
2021, for Plaintiff to file a class certification motion. Defendant shall have
60 days to respond, and Plaintiff shall have 30 days to reply to Defendant’s
response. The motion shall be noted for June 4, 2021. The class
certification motion and the response brief in opposition to that motion
shall not exceed 36 pages, and the reply brief shall not exceed 18 pages;

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E.
Fact discovery shall be completed by March 5, 2021, and class
certification expert discovery shall be completed on the same schedule as
briefing on Plaintiff’s motion for class certification, see subparagraph D
above;

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F.
The Court sets a deadline of April 23, 2021, to file any dispositive
motion. Any party opposing that motion shall have 28 days to respond, and
the moving party shall have 14 days to reply. The motion shall be noted for
June 4, 2021. The dispositive motion and the response brief in opposition
to that motion shall not exceed 36 pages, and the reply brief shall not
exceed 18 pages;

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G.
Following a ruling on the motion for class certification or any
dispositive motion, and pursuant to the parties’ request, the Court will hold
a status conference to determine the schedule for the remainder of the case,
including expert discovery and trial; and

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(3)
record.

The Clerk is directed to send a copy of this Minute Order to all counsel of

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Dated this 6th day of January, 2021.
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William M. McCool
Clerk

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s/Gail Glass
Deputy Clerk

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MINUTE ORDER - 2