Healy v. Milliman Inc

Filing 88

ORDER granting Parties' 87 Stipulated MOTION and Proposed Order to Extend Expert Deadlines. Plaintiff's Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 1/14/2022, Defendants' Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 2/11/2022, Plaintiff's Rebuttal Expert Disclosure/Reports due by 3/4/2022. Signed by U.S. District Judge John C. Coughenour. (SR)

Case 2:20-cv-01473-JCC Document 88 Filed 01/10/22 Page 1 of 4

THE HONORABLE JOHN C. COUGHENOUR

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON

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

12 MILLIMAN, INC., d/b/a INTELLISCRIPT,
Defendant.

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Case No. 2:20-cv-01473-JCC
STIPULATED MOTION AND [PROPOSED]
ORDER TO EXTEND EXPERT DEADLINES
NOTED FOR CONSIDERATION:
JANUARY 07, 2022

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Plaintiff James Healy and Defendant Milliman, Inc. jointly move this Court for entry of an

17 order granting a short extension of deadlines for expert discovery, but without any change to
18 the briefing schedule for Plaintiff’s motion for class certification, and in support state as follows:
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1.

This is a proposed class action case that was filed on October 5, 2020. Plaintiff

20 alleges among other things that Defendant failed to ensure that the consumer reports it
21 prepares and disseminates—which contain sensitive prescription or medical history bearing on
22 the ability to obtain life insurance—include accurate information, in violation of the FCRA.
23 Defendant has denied these allegations.
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2.
On December 10, 2021, Milliman produced data from its IRIX system for one
25 million randomly selected reports as the Court ordered. See Dkt. No. 66.
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STIPULATED MOTION AND [PROPOSED]
ORDER TO EXTEND EXPERT DEADLINES - 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

Case 2:20-cv-01473-JCC Document 88 Filed 01/10/22 Page 2 of 4

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3.

Plaintiff’s counsel asked Milliman to produce IRIX data for Plaintiff so that

2 Plaintiff’s expert could compare Plaintiff’s data to the sample data, which Milliman agreed to
3 produce.
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4.

Milliman produced the requested data on January 5, 2022, two days before

5 Plaintiff’s expert report is due. Accordingly, Plaintiff’s counsel requested a one week extension
6 of the deadline to submit Plaintiff’s expert report.
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5.

The parties have agreed to extend the deadline for Plaintiff’s expert report one

8 week to January 14, 2022 so that Plaintiff’s expert can work with the additional data. The
9 parties also have agreed to extend the deadline for Milliman’s expert report one week to
10 February 11, 2022.
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6.

The proposed deadlines will not impact any other deadline in the case, including

12 the deadline for Plaintiff’s rebuttal expert report and the class certification briefing schedule.
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7.

For these reasons, the parties jointly request an amended class certification

14 expert discovery schedule as follows:
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EVENT

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1/7/2022

1/14/2022

2/4/2022

2/11/2022

Plaintiff’s class rebuttal expert
disclosures and reports due

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PROPOSED DEADLINE

Defendants’ class expert
disclosures and reports due

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CURRENT DEADLINE

Plaintiff’s class expert
disclosures and reports due

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3/4/2022

3/4/2022

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//
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STIPULATED MOTION AND [PROPOSED]
ORDER TO EXTEND EXPERT DEADLINES - 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

Case 2:20-cv-01473-JCC Document 88 Filed 01/10/22 Page 3 of 4

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STIPULATED TO AND DATED this 8th day of January, 2022.
TERRELL MARSHALL LAW GROUP PLLC

WILLIAMS, KASTNER & GIBBS PLLC

By: /s/ Adrienne D. McEntee, WSBA #34061
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]

By: /s/ Jeffery M. Wells, WSBA #45840
Rodney L. Umberger, WSBA #24948
Email: [e-mail]
Daniel Brown, WSBA #22028
Email: [e-mail]
Sean T. James, WSBA #53096
Email: [e-mail]
Jeffery M. Wells, WSBA #45840
Email: [e-mail]
601 Union Street, Suite 4100
Seattle, Washington 98101-2380
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]
FRANCIS MAILMAN SOUMILAS, P.C.
1600 Market Street, Suite 2510
Philadelphia, Pennsylvania 19103
Telephone: [phone]
Facsimile: [phone]

Attorneys for Defendant

Attorneys for Plaintiff

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STIPULATED MOTION AND [PROPOSED]
ORDER TO EXTEND EXPERT DEADLINES - 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

Case 2:20-cv-01473-JCC Document 88 Filed 01/10/22 Page 4 of 4

II.

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PROPOSED ORDER

Pursuant to the parties Stipulated Motion to Extend Deadlines, IT IS SO ORDERED. The

3 discovery deadlines are extended as follows:
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EVENT

CURRENT DEADLINE

PROPOSED DEADLINE

Plaintiff’s class expert
disclosures and reports due

1/7/2022

1/14/2022

Defendants’ class expert
disclosures and reports due

2/4/2022

2/11/2022

Plaintiff’s class rebuttal expert
disclosures and reports due

3/4/2022

3/4/2022

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IT IS SO ORDERED.
DATED this 10th day of January 2022.

A

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John C. Coughenour
UNITED STATES DISTRICT JUDGE

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STIPULATED MOTION AND [PROPOSED]
ORDER TO EXTEND EXPERT DEADLINES - 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