Healy v. Milliman Inc

Filing 140

ORDER granting Parties' 138 Stipulated MOTION AND [PROPOSED] ORDER TO MODIFY CLASS DEFINITIONS. Signed by U.S. District Judge John C. Coughenour. (SR)

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THE HONORABLE JOHN C. COUGHENOUR

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON

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8 JAMES HEALY, on behalf of himself and all
others similarly situated,
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Plaintiff,
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vs.

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12 MILLIMAN, INC., d/b/a INTELLISCRIPT,
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Case No. 2:20-cv-01473-JCC
STIPULATED MOTION AND [PROPOSED]
ORDER TO MODIFY CLASS DEFINITIONS
NOTE ON MOTION CALENDAR:
JULY 29, 2022

Defendant.

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The parties have agreed to modify the class definitions and jointly present this

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17 stipulated motion (Dkt. No. 138) for the Court’s approval. In support of the motion, the parties
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1.

On April 29, 2022 the Court certified the following classes (Dkt. No. 126):
1681e(b) Inaccuracy Class: All persons residing in the United States
(including all territories and other political subdivisions of the
United States), beginning five years prior to the filing of this
Complaint and continuing through the resolution of this action,
about whom Defendant sold a report to a third party containing
one or more items of information which did not pertain to the
individual who was the subject of the report.
1681i Failure to Properly Reinvestigate Class: All persons residing
in the United States (including all territories and other political
subdivisions of the United States), beginning five years prior to the
filing of this Complaint and continuing through the resolution of
this action, who disputed the completeness and/or accuracy of one
or more items of information on an Intelliscript report for whom

STIPULATED MOTION AND [PROPOSED] ORDER TO
MODIFY CLASS DEFINITIONS - 1
Case No. 2:20-cv-01473-JCC

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

Defendant responded with form/template
substantially in the form of MM_HEALY000315.

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2.

communication

The parties seek to modify the class definitions so that the class period contains

a specific beginning and end date. See Sampson v. Knight Trans., Inc., No. C17-0028-JCC, 2021
WL 2255129, at *2 (W.D. Wash. June 3, 2021) (modifying class definition to set a specific end
date). Modifying the definitions in this manner will avoid a second notice to individuals who
become class members after the initial notice goes out. See id.

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3.

The parties propose the following modified class definitions:
1681e(b) Inaccuracy Class: All persons residing in the United States
(including all territories and other political subdivisions of the
United States), beginning October 5, 2015 and continuing through
April 29, 2022 five years prior to the filing of this Complaint and
continuing through the resolution of this action, about whom
Defendant sold a report to a third party containing one or more
items of information which did not pertain to the individual who
was the subject of the report.
1681i Failure to Properly Reinvestigate Class: All persons residing
in the United States (including all territories and other political
subdivisions of the United States), beginning October 5, 2015 and
continuing through April 29, 2022five years prior to the filing of this
Complaint and continuing through the resolution of this action,
who disputed the completeness and/or accuracy of one or more
items of information on an Intelliscript report for whom Defendant
responded with form/template communication substantially in the
form of MM_HEALY000315.

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STIPULATED MOTION AND [PROPOSED] ORDER TO
MODIFY CLASS DEFINITIONS - 2
Case No. 2:20-cv-01473-JCC

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

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STIPULATED AND DATED this 29th day of July, 2022.
TERRELL MARSHALL LAW GROUP PLLC

WILLIAMS, KASTNER & GIBBS PLLC

By: /s/ Jennifer Rust Murray, WSBA #36983
Beth E. Terrell, WSBA #26759
Email: [e-mail]
Jennifer Rust Murray, WSBA #36983
Email: [e-mail]
Adrienne D. McEntee, WSBA # 34061
Email: [e-mail]
936 North 34th Street, Suite 300
Seattle, Washington 98103-8869
Telephone: [phone]
Facsimile: [phone]
James A. Francis, Admitted Pro Hac Vice
Email: [e-mail]
John Soumilas, Admitted Pro Hac Vice
Email: [e-mail]
Lauren KW Brennan,
Admitted Pro Hac Vice
Email: [e-mail]
Travis Martindale-Jarvis,
Admitted Pro Hac Vice
Email:
[e-mail]
FRANCIS MAILMAN SOUMILAS, P.C.
1600 Market Street, Suite 2510
Philadelphia, Pennsylvania 19103
Telephone: [phone]
Facsimile: [phone]

By: /s/_Jeffery M. Wells, WSBA #45840_
Jeffery M. Wells, WSBA #45840
Email: [e-mail]
Daniel Brown, WSBA #22028
Email: [e-mail]
Rodney L. Umberger, WSBA #24948
Email: [e-mail]
601 Union Street, Suite 4100
Seattle, Washington 98101-2380
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant

Attorneys for Plaintiff

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STIPULATED MOTION AND [PROPOSED] ORDER TO
MODIFY CLASS DEFINITIONS - 3
Case No. 2:20-cv-01473-JCC

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

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PROPOSED ORDER
The parties’ stipulated motion to modify the class definitions is granted. The Court’s
April 29, 2022 Order is modified, and the certified classes will be defined as follows:
1681e(b) Inaccuracy Class: All persons residing in the United States
(including all territories and other political subdivisions of the
United States), beginning October 5, 2015 and continuing through
April 29, 2022, about whom Defendant sold a report to a third party
containing one or more items of information which did not pertain
to the individual who was the subject of the report.
1681i Failure to Properly Reinvestigate Class: All persons residing
in the United States (including all territories and other political
subdivisions of the United States), beginning October 5, 2015 and
continuing through April 29, 2022, who disputed the completeness
and/or accuracy of one or more items of information on an
Intelliscript report for whom Defendant responded with
form/template communication substantially in the form of
MM_HEALY000315.

IT IS SO ORDERED.
DATED this 29th day of July 2022.

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A

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John C. Coughenour
UNITED STATES DISTRICT JUDGE

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STIPULATED MOTION AND [PROPOSED] ORDER TO
MODIFY CLASS DEFINITIONS - 4
Case No. 2:20-cv-01473-JCC

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