Balmores et al v. Sirius XM Radio Inc

Filing 23

ORDER granting Parties' 22 Stipulated Motion Re: Proposed Litigation Schedule. Plaintiffs shall file their First Amended Complaint within thirty (30) days after the date of entry of this Order. Defendant shall file its Answer or responsive mot ion within thirty (30) days after Plaintiffs' filing of the First Amended Complaint. Plaintiffs shall file an Opposition or Response to Defendant's responsive motion within thirty (30) days after Defendant's filing of a responsive moti on. Defendant may file a Reply in support of its responsive motion within fourteen (14) days after Plaintiffs' filing of an Opposition or Response to the responsive motion. The parties shall file an amended Joint Rule 26(f) Report and Discovery Plan, if any, within fourteen (14) days of a decision on Defendant's responsive motion.Signed by District Judge Kymberly K. Evanson. (KRA)

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1 THE HONORABLE KYMBERLY K. EVANSON 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 WESTERN DISTRICT OF WASHINGTON 10 AT SEATTLE 11 12 13 14 15 16 CINDY BALMORES, JUSTIN BRASWELL, DEBORAH GARVIN, and THEA ANDERSON, for themselves, as private attorneys general, and on behalf of all others similarly situated, 17 v. 18 SIRIUS XM RADIO INC., 19 Case No. 2:24-cv-886-KKE STIPULATION AND ORDER RE: PROPOSED LITIGATION SCHEDULE Plaintiffs, Defendant. 20 21 22 23 24 25 26 27 28 STIPULATION AND ORDER RE: PROPOSED LITIGATION SCHEDULE - 1 CASE NO. 2:24-CV-886-KKE HATTIS & LUKACS 11711 SE 8th Street, Suite 120 Bellevue, WA 98005 T: 425.233.8650 | F: 425.412.7171 www.hattislaw.com STIPULATION 1 2 WHEREAS, on June 21, 2024, Plaintiffs Cindy Balmores, Justin Braswell, Deborah 3 Garvin and Thea Anderson, on behalf of themselves and all other similarly situated 4 (collectively, “Plaintiffs”), filed their Complaint against Defendant Sirius XM Radio Inc. 5 (“Sirius XM”) in this civil action captioned Balmores v. Sirius XM Radio Inc. (Dkt. 1); 6 WHEREAS, on July 18, 2024, this Court entered a Stipulation And Order To Stay 7 Cases Pending Mediation (Dkt. 6) that stayed these proceedings in their entirety for sixty (60) 8 days so that the parties could pursue mediation; 9 WHEREAS, on September 6, 2024, the parties filed a Joint Status Report (Dkt. 7) that 10 advised the Court that the mediation had occurred but that the parties had not been successful in 11 coming to a settlement; 12 WHEREAS, on October 29, 2024, the parties filed their Joint Rule 26(f) Report And 13 Discovery Plan (Dkt. 9), which proposed multiple deadlines, including a deadline for the filing 14 of Plaintiffs’ motion for class certification (Dkt. 9, § 4), a deadline for the close of fact 15 discovery (Dkt. 9, § 5(B)(ii)) and deadlines governing expert discovery (Ibid.); 16 WHEREAS, on November 4, 2024, this Court entered a Stipulation And Order (Dkt. 17 11) that once again stayed these proceedings in their entirety until January 3, 2025, so that the 18 parties could continue pursuing mediation; 19 20 WHEREAS, on December 27, 2024, the parties filed a Joint Status Report (Dkt. 17) that advised the Court that the parties had still not reached a resolution; 21 WHEREAS, on January 23, 2025, the Court held a Scheduling Conference in which 22 the Court directed the parties to file an updated Joint Status Report with a proposed schedule 23 for litigation; 24 25 26 27 28 NOW, THEREFORE, PLAINTIFFS AND SIRIUS XM STIPULATE, AGREE AND RESPECTFULLY REQUEST THAT THIS COURT ORDER THAT: 1. Plaintiffs shall file their First Amended Complaint within thirty (30) days after the date of entry of this Order; 2. Defendant shall file its Answer or responsive motion within thirty (30) days STIPULATION AND ORDER RE: PROPOSED LITIGATION SCHEDULE - 2 CASE NO. 2:24-CV-886-KKE HATTIS & LUKACS 11711 SE 8th Street, Suite 120 Bellevue, WA 98005 T: 425.233.8650 | F: 425.412.7171 www.hattislaw.com 1 after Plaintiffs’ filing of the First Amended Complaint; 2 3 3. within thirty (30) days after Defendant’s filing of a responsive motion; 4 5 4. 8 9 Defendant may file a Reply in support of its responsive motion within fourteen (14) days after Plaintiffs’ filing of an Opposition or Response to the responsive motion; and 6 7 Plaintiffs shall file an Opposition or Response to Defendant’s responsive motion 5. The parties shall file an amended Joint Rule 26(f) Report And Discovery Plan, if any, within fourteen (14) days of a decision on Defendant’s responsive motion. DATED: January 28, 2025 10 JONES DAY HATTIS & LUKACS 11 /s/ Eric P. Stephens Eric P. Stephens, admitted pro hac vice Lee A. Armstrong* /s/ Daniel M. Hattis Daniel M. Hattis (WSBA 50428) Paul Karl Lukacs (WSBA 56093) Che Corrington (WSBA No. 54241) HATTIS & LUKACS 11711 SE 8th Street, Suite 120 Bellevue, WA 98005 Telephone: (425) 233-8650 dan@hattislaw.com pkl@hattislaw.com che@hattislaw.com 12 16 JONES DAY 250 Vesey Street, 34th Floor New York, NY 10281 Telephone: 212.326.3939 Facsimile: 212.755.7306 epstephens@jonesday.com laarmstrong@jonesday.com 17 *Pro hac vice application to be submitted 18 and and 19 Tim D. Wackerbarth BALLARD SPAHR LLP P.O. Box 91302 Seattle, WA 98111-9402 Telephone: 206.223.7000 wackerbartht@ballardspahr.com Stephen P. DeNittis* DENITTIS OSEFCHEN PRINCE, P.C. 5 Greentree Centre, Suite 410 523 Route 73 N. Marlton, New Jersey 08057 Telephone: (856) 797-9951 sdenittis@denittislaw.com Attorneys for Defendant Sirius XM Radio LLC *Pro hac vice application to be submitted 13 14 15 20 21 22 23 24 25 Attorneys for Plaintiffs and the Proposed Class 26 27 28 STIPULATION AND ORDER RE: PROPOSED LITIGATION SCHEDULE - 3 CASE NO. 2:24-CV-886-KKE HATTIS & LUKACS 11711 SE 8th Street, Suite 120 Bellevue, WA 98005 T: 425.233.8650 | F: 425.412.7171 www.hattislaw.com ORDER 1 2 3 4 5 6 7 IT IS SO ORDERED: January 28, 2025 A Kymberly K. Evanson United States District Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4

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