Brenner v. Vizio, Inc.

Filing 50

STIPULATION AND ORDER signed by Judge Benjamin H. Settle Granting Parties' 48 Stipulated Motion. Plaintiff's Motion for Class Certification will be due on January 24, 2019, with Defendant's Response due on March 7, 2019, and Plaintiff's Reply due on March 28, 2019. (GMR)

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THE HONORABLE BENJAMIN H. SETTLE

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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CODY BRENNER, on his own behalf and
on behalf of other similarly situated
persons,

Case No. 3:17-cv-05897-BHS

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Plaintiff,
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v.
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VIZIO, INC., a California corporation,

STIPULATED MOTION AND ORDER
TO MODIFY THE DEADLINE AND
BRIEFING SCHEDULE RELATED TO
PLAINTIFF’S MOTION FOR CLASS
CERTIFICATION

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Defendant.

NOTED FOR: NOVEMBER 1, 2018

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STIPULATED MOTION AND [PROPOSED] ORDER TO MODIFY
THE DEADLINE AND BRIEFING SCHEDULE RELATED TO
PLAINTIFF’S MOTION FOR CLASS CERTIFICATION
CASE NO. 3:17-CV-05897-BHS
4820-4638-0410v.1 0110760-000001

Davis Wright Tremaine LLP
LAW OFFICES
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
206.622.3150 main . 206.757.7700 fax

I.

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RELIEF REQUESTED

Pursuant to FRCP 16(b), Plaintiff Cody Brenner and Defendant VIZIO, Inc.

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(collectively, “the Parties”) hereby jointly request the Court enter an order extending the deadline

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for Plaintiff’s motion to certify the class to January 24, 2019, with Defendant’s response being

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due on March 7, 2019, and Plaintiff’s reply being due on March 28, 2019.
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The Parties have conferred and jointly represent that they have good cause to

request this continuance.
II.

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3.

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Plaintiff filed his Second Amended Complaint for Damages on June 1, 2018. Dkt.

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STATEMENT OF FACTS

Defendant filed its Motion to Dismiss the Second Amended Complaint on June 15,

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2018. Dkt. 37.

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On July 30, 2018, the Court granted the Parties’ prior stipulated motion and

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issued an order setting the deadline for Plaintiff’s motion for class certification to be 90 days

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after entry of the Court’s Order on Defendant’s Motion to Dismiss. Dkt. 43.

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The Court’s Order on Defendant’s Motion to Dismiss (“Order”) was entered on

September 24, 2018. Dkt. 45.
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Based on the date of the Court’s Order, the current deadline for Plaintiff’s motion

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for class certification is December 24, 2018, causing the motion and the period for Defendant’s

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response to fall during the holiday season. Dkts. 43, 45.

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Extending Plaintiff’s deadline for the motion for class certification to January 24,

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2019, with Defendant’s response being due on March 7, 2019, and Plaintiff’s reply being due on

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March 28, 2019, would avoid the impact of the holiday season and enable the parties to avoid

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scheduling conflicts while preparing their class certification briefing and supporting evidence.

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This schedule, which provides six weeks for the response and three weeks for the reply, will

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also allow the parties to conduct discovery of issues and witnesses identified in the class

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certification briefing in a timely fashion.

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STIPULATED MOTION AND ORDER TO MODIFY
THE DEADLINE AND BRIEFING SCHEDULE RELATED TO
PLAINTIFF’S MOTION FOR CLASS CERTIFICATION- 1
CASE NO. 3:17-CV-05897-BHS
4820-4638-0410v.1 0110760-000001

Davis Wright Tremaine LLP
LAW OFFICES
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
206.622.3150 main . 206.757.7700 fax

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9.

Both sides have served written discovery and otherwise diligently pursued

discovery efforts after receiving the Court’s Order on the Motion to Dismiss.
III.

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EVIDENCE RELIED UPON

The Parties rely upon this Motion and the pleadings, files, and records in this proceeding.
IV.

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AUTHORITY AND ARGUMENT

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This Motion is based upon the Federal Rules of Civil Procedure, corresponding case law,

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and the Court’s power to control its calendar. Orders entered before the final pretrial conference

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may be modified upon a showing of “good cause.” Johnson v. Mammoth Recreations, Inc., 975

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F.2d 604, 608 (9th Cir. 1992) citing Fed. R. Civ. P. 16(b).

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Here, good cause exists for modifying the current class certification deadline and related

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briefing schedule because the Parties anticipate that holiday scheduling conflicts and the timing

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constraints of the current schedule may impact their ability to adequately prepare briefing related

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to class certification.
V.

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CONCLUSION

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For the above-stated reasons, the Parties respectfully request that the Court grant their

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Stipulated Motion and issue a revised case scheduling order continuing the class certification

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motion deadline to January 24, 2019, with Defendant’s response being due on March 7, 2019,

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and Plaintiff’s reply being due on March 28, 2019.

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STIPULATED MOTION AND ORDER TO MODIFY
THE DEADLINE AND BRIEFING SCHEDULE RELATED TO
PLAINTIFF’S MOTION FOR CLASS CERTIFICATION- 2
CASE NO. 3:17-CV-05897-BHS
4820-4638-0410v.1 0110760-000001

Davis Wright Tremaine LLP
LAW OFFICES
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
206.622.3150 main . 206.757.7700 fax

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DATED this 1st day of November, 2018.

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Attorneys for Plaintiff:

Attorneys for Defendant:

By: s/ Scott C.G. Blankenship
Scott C. G. Blankenship, WSBA No. 21431
Rick E. Goldsworthy, WSBA No. 40684
The Blankenship Law Firm, P.S.
1000 Second Avenue, Suite 3250
Seattle, WA 98104
Telephone: [phone]
Facsimile: [phone]
[e-mail]

By: s/ David Maas
Stephen M. Rummage, WSBA No. 11168
David Maas, WSBA No. 50694
Davis Wright Tremaine LLP
1201 Third Avenue, Suite 2200
Seattle, WA 98101
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

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By: s/ Kelsey S. Morris
Hyongsoon Kim, (Admitted Pro Hac Vice)
Kelsey S. Morris (Admitted Pro Hac Vice)
Akin Gump Strauss Hauer & Feld LLP
4 Park Plaza, Suite 1900
Irvine, CA 92614
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

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STIPULATED MOTION AND ORDER TO MODIFY
THE DEADLINE AND BRIEFING SCHEDULE RELATED TO
PLAINTIFF’S MOTION FOR CLASS CERTIFICATION- 3
CASE NO. 3:17-CV-05897-BHS
4820-4638-0410v.1 0110760-000001

Davis Wright Tremaine LLP
LAW OFFICES
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
206.622.3150 main . 206.757.7700 fax

ORDER

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Having considered the parties’ Stipulated Motion to Modify the Deadline and Briefing

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Schedule Related to Plaintiff’s Motion for Class Certification, and good cause appearing, the

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Court hereby GRANTS the request. Plaintiff’s Motion for Class Certification will be due on

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January 24, 2019, with Defendant’s Response due on March 7, 2019, and Plaintiff’s Reply due

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on March 28, 2019. The Court will issue a revised briefing schedule moving all related

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deadlines in accordance with the new class certification motion deadline.

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DATED this 5th day of November, 2018.

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A

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BENJAMIN H. SETTLE
United States District Judge

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STIPULATED MOTION AND ORDER TO MODIFY
THE DEADLINE AND BRIEFING SCHEDULE RELATED TO
PLAINTIFF’S MOTION FOR CLASS CERTIFICATION- 4
CASE NO. 3:17-CV-05897-BHS
4820-4638-0410v.1 0110760-000001

Davis Wright Tremaine LLP
LAW OFFICES
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
206.622.3150 main . 206.757.7700 fax

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Presented By,
Attorneys for Defendant:
DAVIS WRIGHT TREMAINE LLP
______________________________
By: s/ David Maas
Stephen M. Rummage, WSBA No. 11168
David Maas. WSBA No. 50694
1201 Third Avenue, Suite 2200
Seattle, WA 98101
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

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AKIN GUMP STRAUSS HAUER & FELD LLP

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Hyongsoon Kim, (Admitted Pro Hac Vice)
Kelsey S. Morris (Admitted Pro Hac Vice)
4 Park Plaza, Suite 1900
Irvine, CA 92614
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

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STIPULATED MOTION AND ORDER TO MODIFY
THE DEADLINE AND BRIEFING SCHEDULE RELATED TO
PLAINTIFF’S MOTION FOR CLASS CERTIFICATION- 5
CASE NO. 3:17-CV-05897-BHS
4820-4638-0410v.1 0110760-000001

Davis Wright Tremaine LLP
LAW OFFICES
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
206.622.3150 main . 206.757.7700 fax