Tokarski v. Med-Data Inc ( 2022 )

1 THE HONORABLE TANA LIN 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 7 NICOLE TOKARSKI, on behalf of herself 8 and all others similarly situated, NO. 2:21-cv-00631-TL 9 Plaintiff, STIPULATED MOTION AND 10 v. [PROPOSED] ORDER TO AMEND CASE SCHEDULE 11 MED-DATA, INC., 12 NOTED FOR CONSIDERATION: Defendant. APRIL 29, 2022 13 14 I. STIPULATION 15 On June 30, 2021, the Court entered an Order setting May 6, 2022, as Plaintiff’s deadline 16 to file her motion for class certification. Dkt. No. 13. For the good cause explained below, the 17 parties respectfully request that the Court extend Plaintiff’s deadline to file her motion for class 18 certification to 90 days from the original date and adjust all related response dates for the motion 19 for class certification and other case deadlines to account for the 90-day adjustment. 20 The Local Rules allow parties to file stipulated motions, including to request relief from a 21 deadline. LCR 7(d)(1); LCR 10(g) (providing that stipulated motions to alter schedules previously 22 set by the court should be supported by reasons justifying the proposed change); Doe v. Trump, 23 No. 2:17-CV-00178-JLR, 2017 WL 1378504, at *1 (W.D. Wash. Apr. 11, 2017); see also Dkt. 24 No. 22 at 3 (“The Court will alter these dates only upon good cause shown; failure to complete 25 discovery within the time allowed is not recognized as good cause.”). 26 As this Court is aware, several other cases related to this data breach are currently 27 pending, including M.S., et al. v. Med-Data, Inc., 4:22-cv-00187 (Southern District of Texas) and 1 C.C. v. Med-Data, Inc., which was originally filed in the District of Kansas but has since been 2 remanded to Kansas state court. Plaintiff is actively cooperating with counsel in the Texas and 3 Kansas matters to coordinate discovery. Additionally, the parties in those matters have now 4 agreed to pursue global mediation while continuing to complete the coordinated discovery. 5 Mediation has not yet been scheduled, but the parties anticipate that it will occur in June or July. 6 In the intervening period, the Plaintiffs intend to conduct a joint 30(b)(6) deposition, the 7 Defendant intends to take one or more Plaintiffs’ depositions, along with other joint discovery 8 efforts that the parties believe helpful to the mediation. 9 These efforts to coordinate discovery are ultimately more efficient but require slightly 10 more time. Likewise, it would be difficult and potentially wasteful for the parties to 11 simultaneously brief class certification and prepare for mediation. Extending the current 12 deadlines will allow the parties to focus their efforts on the coordinated discovery and potential 13 global settlement of this matter, saving not just the judicial resources of this Court but those of 14 multiple other courts in which related actions are pending. There is therefore good cause to 15 extend the deadline for a motion for class certification. 16 Accordingly, the Parties agree and stipulate, subject to the Court’s approval, to an 17 extension as follows: 18 19 EVENT CURRENT NEW DEADLINE DEADLINE 20 Deadline for Plaintiffs to File their Motion May 6, 2022 August 4, 2022 21 for Class Certification 22 Deadline for Defendants’ Response to the June 3, 2022 September 1, 2022 Motion for Class Certification 23 24 Deadline for Plaintiffs’ Reply to the Motion June 24, 2022 September 22, 2022 for Class Certification 25 Discovery deadline 45 days after 45 days after Court’s 26 Court’s ruling on ruling on Class Class Certification Certification 27 1 Deadline for filing dispositive motions 75 days after 75 days after Court’s Court’s ruling on ruling on Class 2 Class Certification Certification 3 STIPULATED TO AND DATED this 2nd day of May, 2022. 4 TERRELL MARSHALL LAW GROUP PLLC ARETE LAW GROUP PLLC 5 By: /s/ Beth E. Terrell, WSBA #26759 By: /s/Ralph H. Palumbo, WSBA #4751 6 Beth E. Terrell, WSBA #26759 Ralph H Palumbo, WSBA #4751 Email: bterrell@terrellmarshall.com Email: rpalumbo@aretelaw.com 7 Ryan Tack-Hooper, WSBA #56423 Lynn M. Engel, WSBA #21934 8 Email: rtack-hooper@terrellmarshall.com Email: lengel@aretelaw.com Elizabeth A. Adams, WSBA #49175 1218 Third Avenue, Suite 2100 9 Email: eadams@terrellmarshall.com Seattle, Washington 98101 936 North 34th Street, Suite 300 Telephone: (206) 428-3150 10 Seattle, Washington 98103-8869 Facsimile: (206) 428-3251 Telephone: (206) 816-6603 11 Facsimile: (206) 319-5450 Kent M. Adams, Admitted Pro Hac Vice 12 Email: kent.adams@wilsonelser.com John Heenan, Admitted Pro Hac Vice WILSON ELSER MOSKOWITZ 13 Email: john@lawmontana.com EDELMAN & DICKER (HOUSTON) Teague Westrope 909 Fannin Street, Suite 3300 14 Email: teague@lawmontana.com Houston, Texas 77010 HEENAN & COOK Telephone: (713) 353-2027 15 1631 Zimmerman Trail, Suite 1 Facsimile: (713) 785-7780 16 Billings, Montana 59102 Telephone: (406) 839-9081 17 Attorneys for Defendant John A. Yanchunis, Admitted Pro Hac Vice 18 Email: jyanchunis@forthepeople.com Matthew James Ide Ryan Maxey, Admitted Pro Hac Vice Email: mjide@yahoo.com 19 Email: rmaxey@forthepeople.com 7900 Se 28th Street, Ste 500 20 MORGAN & MORGAN Mercer Island, Wa 98040 201 North Franklin Street, 7th Floor Telephone: (206) 625-1326 21 Tampa, Florida 33602 Facsimile: (206) 622-0909 Telephone: (813) 223-5505 22 Attorneys for Respondents 23 Michael F. Ram, Admitted Pro Hac Vice Email: mram@forthepeople.com 24 MORGAN & MORGAN 711 Van Ness Avenue, Suite 500 25 San Francisco, California 94102-3275 Telephone: (415) 358-6913 26 Facsimile: (415) 358-6923 27 Attorneys for Plaintiff 1 II. ORDER 2 Based on the forgoing parties’ stipulation and for good cause, IT IS HEREBY ORDERED 3 THAT the current deadlines regarding class certification are extended by 60 days. 4 5 Dated this 2nd day of May 2022. 6 7 A 8 Tana Lin 9 United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27