Barron v. American Family Mutual Insurance Company

Filing 65

ORDER granting 64 Motion to Stay by Judge Benjamin H. Settle.(TG)

The Honorable Benjamin H. Settle

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON AT SEATTLE

8
9
10
11
12

STEVEN E. BARRON, an individual; MARC
W. HILLESTAD and CHRISTINE L.
HILLESTAD, husband and wife; FRANK E.
SCHOEN, an individual; and RAYMOND
OWENS and TAMMY OWENS, husband and
wife,

13
14
15
16

Plaintiffs,
v.

No. 3:16-cv-05576-BHS
JOINT MOTION TO STAY OR
CONTINUE DISCOVERY DEADLINES
NOTED ON MOTION CALENDAR:
JUNE 1, 2017

AMERICAN FAMILY MUTUAL
INSURANCE COMPANY,
Defendant.

17
18
19
20

Pursuant to LCR 7(d)(2)(A), the parties jointly seek an order staying or continuing the
existing deadline for completion of class discovery.
I.

21
22
23
24
25

PROCEDURAL HISTORY

The Court has established July 31, 2017, as the deadline for completing class discovery.
Dkt. 58.
Pending Discovery. Plaintiffs have noted a Rule 30(b)(6) deposition and sought
documents from defendant American Family. The parties did not agree on the scope of document

26
production, which controls the nature and extent of the Rule 30(b)(6) deposition. The parties’
JOINT MOTION TO STAY OR CONTINUE DISCOVERY
DEADLINES
(3:16-cv-05576-BHS) - 1

KELLER ROHRBACK L.L.P.
1201 Third Avenue, Suite 3200
Seattle, W A 98101-3052
TELEPHONE: [phone]
FACSIMILE: [phone]

1

disagreements are subject to American Family’s pending motion protective order filed January 5,

2

2017. Dkt. 32.

3
4

Summary Judgment Motions. Separately, the parties filed cross-motions for summary
judgment. On April 27, 2017, the Court entered its Order on the summary judgment motions,

5
6
7

granting in part and denying in part the parties’ cross-motions. Plaintiffs have filed a motion for
permission to appeal this ruling, arguing that an early appeal would be the more efficient

8

procedure in this case. Dkt. 62. Defendant filed its response May 30, 2017, arguing that an early

9

appeal will delay resolution of the case. Dkt. 63.

10
11

Impact on Discovery. In the interests of efficiency, it makes sense that no discovery
occur until both Plaintiff’s motion for interlocutory appeal and Defendant’s motion for protective

12
order are decided by the Court.
13
14
15

II.

REQUESTED RELIEF

The parties do not believe it is practical to complete discovery by July 31, 2017, in light

16

of the pending motions and therefore jointly move for an order that either stays discovery or

17

extends the discovery completion deadline.

18
19

The parties seek to extend the deadline to complete class certification fact discovery until
120 days following entry of the Court’s orders on both American Family’s motion for protective

20
order, Dkt. 32, and Plaintiffs motion for interlocutory appeal, Dkt. 62. Once the deadline for
21
22

class certification fact discovery is known, the parties will submit for the Court’s approval an

23

amended scheduling order that sets forth the remaining discovery dates, consistent with the

24

extension provided under this Motion.

25
26
JOINT MOTION TO STAY OR CONTINUE DISCOVERY
DEADLINES
(3:16-cv-05576-BHS) - 2

KELLER ROHRBACK L.L.P.
1201 Third Avenue, Suite 3200
Seattle, W A 98101-3052
TELEPHONE: [phone]
FACSIMILE: [phone]

1
2

RESPECTFULLY SUBMITTED,

3
4

DATED: June 1, 2017

5
6
7

s/ Jeffrey I. Tilden
s/ Mark A. Wilner
Jeffrey I. Tilden, WSBA #12219
Mark A. Wilner, WSBA #31550
Attorneys for Plaintiffs

8
9
10
11

s/William C. Smart
s/Isaac Ruiz
s/ Kathryn M. Knudsen
William C. Smart, WSBA #8192
Isaac Ruiz, WSBA #35237
Kathryn M. Knudsen, WSBA #41075

DATED: June 1, 2017

12

s/Rory W. Leid, III
s/Timothy T. Parker
Rory W. Leid, III, WSBA #25075
Timothy T. Parker, WSBA #43674
Michael S. McCarthy, pro hac vice
Todd P. Walker, pro hac vice
Matthew B. Harris, pro hac vice
Attorneys for Defendant

13
14
15
16
17
18
19
20
21
22
23
24
25
26
JOINT MOTION TO STAY OR CONTINUE DISCOVERY
DEADLINES
(3:16-cv-05576-BHS) - 3

KELLER ROHRBACK L.L.P.
1201 Third Avenue, Suite 3200
Seattle, W A 98101-3052
TELEPHONE: [phone]
FACSIMILE: [phone]

1
2
3

ORDER
For the reasons stated above, the Court grants the parties’ stipulated motion to stay or

4

continue deadlines. The deadline to complete fact discovery is extended until 120 days following

5

entry of the Court’s orders on both American Family’s motion for protective order, Dkt. 32, and

6

Plaintiffs motion for interlocutory appeal, Dkt. 62. Once the new date for class certification fact

7

discovery is known, the parties will submit for the Court’s approval an amended scheduling

8
order that sets forth the remaining discovery dates, consistent with the extension granted herein.
9
10

IT IS SO ORDERED this 1st day of June, 2017.

A

11
12
13

BENJAMIN H. SETTLE
United States District Judge

14
15
16
17
18
19
20
21
22
23
24
25
26
JOINT MOTION TO STAY OR CONTINUE DISCOVERY
DEADLINES
(3:16-cv-05576-BHS) - 4

KELLER ROHRBACK L.L.P.
1201 Third Avenue, Suite 3200
Seattle, W A 98101-3052
TELEPHONE: [phone]
FACSIMILE: [phone]