Morris et al v. Milliman Inc

Filing 26

ORDER granting Parties' 25 Stipulated MOTION to Stay Case Deadlines Pending Resolution of Plaintiff's Motion for Reconsideration and Clarification of Court's Order Granting in Part Defendant's Motion for Summary Judgment/Decertification. Signed by U.S. District Judge John C. Coughenour. (KRA)

THE HONORABLE JOHN C. COUGHENOUR

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON

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SHARON MORRIS and LARS F. BRAUER, on
8 behalf of themselves and all others similarly
situated,
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STIPULATED MOTION TO STAY CASE
DEADLINES PENDING RESOLUTION OF
PLAINTIFF’S MOTION FOR
RECONSIDERATION AND CLARIFICATION
OF COURT’S ORDER GRANTING IN PART
DEFENDANT’S MOTION FOR SUMMARY
JUDGMENT/DECERTIFICATION

Plaintiffs,

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Case No. 2:23-cv-00446-JCC

vs.
MILLIMAN, INC., d/b/a INTELLISCRIPT,

NOTED FOR CONSIDERATION:
MARCH 5, 2024

Defendant.

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I.

STIPULATION

Plaintiffs Sharon Morris and Lars Brauer and Defendant Milliman, Inc. jointly submit this

18 stipulated motion respectfully requesting that the Court vacate the current case management
19 schedule and stay all deadlines until Plaintiff’s forthcoming motion for reconsideration and
20 clarification in the case entitled Healy v. Milliman, 2:30-cv-01473-JCC (W.D. Wash.) (“Healy
21 matter”) is resolved. In support of their motion, the parties state as follows:
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1.

Plaintiffs filed this proposed class action lawsuit on March 23, 2023. Dkt. No. 1.

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2.

Although Plaintiffs’ claims cover a different time period, the allegations in

24 Plaintiffs’ complaint are similar to those alleged in the Healy matter.
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3.

On November 21, 2023, the parties jointly requested that the Court extend the

26 case management deadlines for 90 days. Dkt. No. 23. In support of their motion, the parties
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STIPULATED MOTION TO STAY CASE DEADLINES
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Case No. 2:23-cv-00446-JCC

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

1 noted that the outcome of several motions pending in the Healy matter potentially could
2 impact the scope of discovery in this case. See Dkt. No. 23 at 2:8-14. Those motions included
3 Plaintiff’s Motion to Modify Class Definition (Dkt. No. 166) and Defendant’s Motion for Partial
4 Summary Judgment and/or to Decertify Inaccuracy Class (Dkt. No. 167).
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4.

On February 22, 2024, the Court entered an order denying Plaintiff’s motion to

6 modify as moot, granting in part and denying in part Defendant’s motion for partial summary
7 judgment and to decertify. See Dkt. No. 216.
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5.

Plaintiff intends to move for reconsideration and clarification of the Court’s

9 February 22, 2024 order on or March 7, 2024, which is the deadline to file a motion for
10 reconsideration under Local Civil Rule 7(h).
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6.

On March 1, the parties met and conferred and agreed to jointly ask the Court to

12 stay the case management deadlines until the issues raised in Plaintiff’s forthcoming motion for
13 reconsideration and clarification are resolved.
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As a result, and in the interest of judicial economy and reducing litigation costs,

15 the parties agree there is good cause to vacate the current case management deadlines and
16 stay the case pending resolution of the issues raised in Plaintiff’s forthcoming motion for
17 reconsideration and clarification.
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STIPULATED TO AND DATED this 27th day of March, 2024.
TERRELL MARSHALL LAW GROUP PLLC
WILLIAMS, KASTNER & GIBBS PLLC
By: /s/ Jennifer Rust Murray
Jennifer Rust Murray, WSBA #36983
Email: [e-mail]
Beth E. Terrell, WSBA #26759
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
Jeffery M. Wells, WSBA #45840
Email: [e-mail]
Daniel Brown, WSBA #22028
Email: [e-mail]
601 Union Street, Suite 4100
Seattle, Washington 98101-2380
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant

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STIPULATED MOTION TO STAY CASE DEADLINES
-2
Case No. 2:23-cv-00446-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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FRANCIS MAILMAN SOUMILAS, P.C.
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]
1600 Market Street, Suite 2510
Philadelphia, Pennsylvania 19103
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs

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STIPULATED MOTION TO STAY CASE DEADLINES
-3
Case No. 2:23-cv-00446-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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II.

ORDER

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IT IS SO ORDERED.

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DATED this 27th day of March, 2024.

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A

THE HONORABLE JOHN C. COUGHENOUR

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STIPULATED MOTION TO STAY CASE DEADLINES
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Case No. 2:23-cv-00446-JCC

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