1 Hon. Thomas S. Zilly 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 9 10 ESTHER HOFFMAN; et al., Case No.: 18-cv-1132-TSZ 11 PLAINTIFFS, 12 STIPULATED MOTION AND v. ORDER CONTINUING DEADLINES 13 TRANSWORLD SYSTEMS FOR THE PARTIES TO FILE 14 INCORPORATION; et. al., DISPOSITIVE MOTIONS AND EXPERT WITNESS MOTIONS 15 DEFENDANTS. 16 17 18 I. STIPULATED MOTION 19 20 1. Pursuant to LCR 7(d)(1) and LCR 10(g), Plaintiffs and Defendants hereby 21 respectfully submit this stipulated motion for entry of an order (a) continuing the deadlines for the 22 parties to file and brief dispositive motions for summary judgment and motions related to expert 23 witnesses, and (b) allowing the parties to conduct certain depositions after the close of discovery 24 as described below. 25 26 2. Plaintiffs have two pending motions seeking discovery from TSI. One was noted 27 STIPULATED MOTION AND ORDER LOCKE LORD LLP 28 CONTINUING DEADLINES 200 VESEY STREET, 20TH FLOOR NEW YORK, NEW YORK 10281 18-CV-1132-TSZ (212)415-8600 1 for April 4, 2022. (Dkt. 271) and the other for April 22, 2022 (Dkt. 276) (together, the “Discovery 2 Motions”). Once the Court decides the pending Discovery Motions, and if either of the Motions 3 are granted and additional discovery is ordered, additional time may be needed thereafter to 4 complete this discovery. 5 6 3. On March 13, 2022, the parties stipulated, and on March 14, 2022, the Court 7 ordered, that in light of the Discovery Motions, “[w]ithin five (5) days of the Court’s decision on 8 any motion concerning the scope of [TSI’s] Designated Representative’s required testimony, the 9 parties shall meet and confer and attempt to agree on new filing deadline and noting dates for TSI’s 10 Motion for Summary Judgment (Dkt. 161) and responses thereto on a schedule similar to the 11 12 current briefing schedule and Plaintiffs’ Motion for Class Certification (Dkt. 232) and responses 13 thereto on a schedule similar to the current briefing schedule ….” Dkt. 268, ¶ 9. 14 4. The operative Order Setting Trial and Related Dates (Dkt. 146) set a May 5, 2022 15 deadline for dispositive motions to be filed and May 12, 2022 deadline for all motions related to 16 expert witnesses to be filed. 17 18 5. Because additional motions for summary judgment and motions related to expert 19 witnesses cannot be briefed and noted by most parties until after depositions of expert witnesses 20 are completed, and because depositions of expert witnesses cannot be taken until after the Court 21 decides the pending Discovery Motions (see Dkt. 268), the parties have met and conferred and 22 believe that it is in their best interest, and respectfully submit that it is in the Court’s interest as 23 24 well, to stay the current deadlines for filing dispositive motions (currently May 5) and motions 25 related to expert witnesses (currently May 12) until further order of the Court. This will allow the 26 Court sufficient time to decide the pending Discovery Motions before motions for summary 27 STIPULATED MOTION AND ORDER LOCKE LORD LLP 28 CONTINUING DEADLINES 200 VESEY STREET, 20TH FLOOR NEW YORK, NEW YORK 10281 18-CV-1132-TSZ (212)415-8600 1 judgment and motions related to expert witnesses are required to be briefed and noted. The parties 2 also request leave to depose the Fed. R. Civ. P. 30(b)(6) designees of two non-parties, Boston 3 Portfolio Advisers, Inc. (“BPA”) and Pennsylvania Higher Education Assistance Agency 4 (“PHEAA”). BPA was slow in responding to Plaintiffs’ Subpoena for records and the parties agree 5 6 that good cause exists to depose both BPA and PHEAA. 7 6. “The district court may modify the pretrial schedule ‘if it cannot reasonably be met 8 despite the diligence of the party seeking the extension.’” Johnson v. Mammoth Recreations, Inc., 9 975 F.2d 604, 609 (9th Cir. 1992) (quoting Fed. R. Civ. P. 16 advisory committee’s notes). A 10 schedule may be modified only for good cause. Fed. R. Civ. P. 16(b)(4); LCR 16(b)(5). When 11 12 determining whether a party has demonstrated good cause, the court “primarily considers the 13 diligence of the part[ies] seeking the amendment.” Johnson, 975 F.2d at 609. Here, the parties 14 have been diligent in working towards completing discovery before the expiration of the 15 Scheduling Order’s deadline of April 18, 2022. Even though this case is a putative class action 16 with six named Plaintiffs, eight defendants, and numerous complicated and sensitive discovery 17 18 issues, the parties have successfully cooperated and significantly completed fact and class 19 discovery, and have served expert disclosures under Fed. R. Civ. P. 26. The parties are not 20 requesting additional time to complete discovery at this time except for additional time to take the 21 depositions of (1) the parties’ designated expert witnesses; (2) the Fed. R. Civ. P. 30(b)(6) 22 designated representative of subpoenaed non-party Boston Portfolio Advisers, Inc.; and (3) the 23 24 Fed. R. Civ. P. 30(b)(6) designated representative of non-party Pennsylvania Higher Education 25 Assistance Agency. 26 7. The parties are requesting a continuance because of the uncertainty created by the 27 STIPULATED MOTION AND ORDER LOCKE LORD LLP 28 CONTINUING DEADLINES 200 VESEY STREET, 20TH FLOOR NEW YORK, NEW YORK 10281 18-CV-1132-TSZ (212)415-8600 1 pending Discovery Motions. Specifically, Plaintiffs believe that it is necessary for the Discovery 2 Motions to be resolved and additional discovery directed by the Court’s decisions on the Discovery 3 Motions, if any, be completed in order to finish briefing for most dispositive motions, and motions 4 related to expert witnesses. The parties each believe that it is appropriate and that there is good 5 6 cause to continue these deadlines until after resolution of the Discovery Motions. 7 8. The parties therefore stipulate and agree, and respectfully request, that the current 8 deadlines for filing dispositive motions and motions related to expert witnesses be stayed until 9 further order of the Court. Within five (5) days of the Court’s decision on the Discovery Motions, 10 the parties will meet and confer and attempt to agree on new filing and noting deadlines for these 11 12 motions and, if necessary, a comprehensive new schedule that accounts for the continued deadlines 13 to file these motions, as well as the continued noting dates for TSI’s Motion for Summary 14 Judgment (Dkt. 161) and Plaintiffs’ Motion for Class Certification (Dkt. 232), which were 15 previously stayed until further order by the Court’s March 14, 2022 Order (Dkt. 268). If the parties 16 cannot agree, the parties shall submit their proposals for a revised schedule to the Court within 17 18 eight (8) days of the Court’s decision on the Discovery Motions. 19 9. The next deadline in the current Scheduling Order which the parties are requesting 20 to continue is the May 5, 2022 deadline for filing of dispositive motions. The Scheduling Order 21 currently sets a trial date of October 3, 2022.
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1 Hon. Thomas S. Zilly 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 9 10 ESTHER HOFFMAN; et al., Case No.: 18-cv-1132-TSZ 11 PLAINTIFFS, 12 STIPULATED MOTION AND v. ORDER CONTINUING DEADLINES 13 TRANSWORLD SYSTEMS FOR THE PARTIES TO FILE 14 INCORPORATION; et. al., DISPOSITIVE MOTIONS AND EXPERT WITNESS MOTIONS 15 DEFENDANTS. 16 17 18 I. STIPULATED MOTION 19 20 1. Pursuant to LCR 7(d)(1) and LCR 10(g), Plaintiffs and Defendants hereby 21 respectfully submit this stipulated motion for entry of an order (a) continuing the deadlines for the 22 parties to file and brief dispositive motions for summary judgment and motions related to expert 23 witnesses, and (b) allowing the parties to conduct certain depositions after the close of discovery 24 as described below. 25 26 2. Plaintiffs have two pending motions seeking discovery from TSI. One was noted 27 STIPULATED MOTION AND ORDER LOCKE LORD LLP 28 CONTINUING DEADLINES 200 VESEY STREET, 20TH FLOOR NEW YORK, NEW YORK 10281 18-CV-1132-TSZ (212)415-8600 1 for April 4, 2022. (Dkt. 271) and the other for April 22, 2022 (Dkt. 276) (together, the “Discovery 2 Motions”). Once the Court decides the pending Discovery Motions, and if either of the Motions 3 are granted and additional discovery is ordered, additional time may be needed thereafter to 4 complete this discovery. 5 6 3. On March 13, 2022, the parties stipulated, and on March 14, 2022, the Court 7 ordered, that in light of the Discovery Motions, “[w]ithin five (5) days of the Court’s decision on 8 any motion concerning the scope of [TSI’s] Designated Representative’s required testimony, the 9 parties shall meet and confer and attempt to agree on new filing deadline and noting dates for TSI’s 10 Motion for Summary Judgment (Dkt. 161) and responses thereto on a schedule similar to the 11 12 current briefing schedule and Plaintiffs’ Motion for Class Certification (Dkt. 232) and responses 13 thereto on a schedule similar to the current briefing schedule ….” Dkt. 268, ¶ 9. 14 4. The operative Order Setting Trial and Related Dates (Dkt. 146) set a May 5, 2022 15 deadline for dispositive motions to be filed and May 12, 2022 deadline for all motions related to 16 expert witnesses to be filed. 17 18 5. Because additional motions for summary judgment and motions related to expert 19 witnesses cannot be briefed and noted by most parties until after depositions of expert witnesses 20 are completed, and because depositions of expert witnesses cannot be taken until after the Court 21 decides the pending Discovery Motions (see Dkt. 268), the parties have met and conferred and 22 believe that it is in their best interest, and respectfully submit that it is in the Court’s interest as 23 24 well, to stay the current deadlines for filing dispositive motions (currently May 5) and motions 25 related to expert witnesses (currently May 12) until further order of the Court. This will allow the 26 Court sufficient time to decide the pending Discovery Motions before motions for summary 27 STIPULATED MOTION AND ORDER LOCKE LORD LLP 28 CONTINUING DEADLINES 200 VESEY STREET, 20TH FLOOR NEW YORK, NEW YORK 10281 18-CV-1132-TSZ (212)415-8600 1 judgment and motions related to expert witnesses are required to be briefed and noted. The parties 2 also request leave to depose the Fed. R. Civ. P. 30(b)(6) designees of two non-parties, Boston 3 Portfolio Advisers, Inc. (“BPA”) and Pennsylvania Higher Education Assistance Agency 4 (“PHEAA”). BPA was slow in responding to Plaintiffs’ Subpoena for records and the parties agree 5 6 that good cause exists to depose both BPA and PHEAA. 7 6. “The district court may modify the pretrial schedule ‘if it cannot reasonably be met 8 despite the diligence of the party seeking the extension.’” Johnson v. Mammoth Recreations, Inc., 9 975 F.2d 604, 609 (9th Cir. 1992) (quoting Fed. R. Civ. P. 16 advisory committee’s notes). A 10 schedule may be modified only for good cause. Fed. R. Civ. P. 16(b)(4); LCR 16(b)(5). When 11 12 determining whether a party has demonstrated good cause, the court “primarily considers the 13 diligence of the part[ies] seeking the amendment.” Johnson, 975 F.2d at 609. Here, the parties 14 have been diligent in working towards completing discovery before the expiration of the 15 Scheduling Order’s deadline of April 18, 2022. Even though this case is a putative class action 16 with six named Plaintiffs, eight defendants, and numerous complicated and sensitive discovery 17 18 issues, the parties have successfully cooperated and significantly completed fact and class 19 discovery, and have served expert disclosures under Fed. R. Civ. P. 26. The parties are not 20 requesting additional time to complete discovery at this time except for additional time to take the 21 depositions of (1) the parties’ designated expert witnesses; (2) the Fed. R. Civ. P. 30(b)(6) 22 designated representative of subpoenaed non-party Boston Portfolio Advisers, Inc.; and (3) the 23 24 Fed. R. Civ. P. 30(b)(6) designated representative of non-party Pennsylvania Higher Education 25 Assistance Agency. 26 7. The parties are requesting a continuance because of the uncertainty created by the 27 STIPULATED MOTION AND ORDER LOCKE LORD LLP 28 CONTINUING DEADLINES 200 VESEY STREET, 20TH FLOOR NEW YORK, NEW YORK 10281 18-CV-1132-TSZ (212)415-8600 1 pending Discovery Motions. Specifically, Plaintiffs believe that it is necessary for the Discovery 2 Motions to be resolved and additional discovery directed by the Court’s decisions on the Discovery 3 Motions, if any, be completed in order to finish briefing for most dispositive motions, and motions 4 related to expert witnesses. The parties each believe that it is appropriate and that there is good 5 6 cause to continue these deadlines until after resolution of the Discovery Motions. 7 8. The parties therefore stipulate and agree, and respectfully request, that the current 8 deadlines for filing dispositive motions and motions related to expert witnesses be stayed until 9 further order of the Court. Within five (5) days of the Court’s decision on the Discovery Motions, 10 the parties will meet and confer and attempt to agree on new filing and noting deadlines for these 11 12 motions and, if necessary, a comprehensive new schedule that accounts for the continued deadlines 13 to file these motions, as well as the continued noting dates for TSI’s Motion for Summary 14 Judgment (Dkt. 161) and Plaintiffs’ Motion for Class Certification (Dkt. 232), which were 15 previously stayed until further order by the Court’s March 14, 2022 Order (Dkt. 268). If the parties 16 cannot agree, the parties shall submit their proposals for a revised schedule to the Court within 17 18 eight (8) days of the Court’s decision on the Discovery Motions. 19 9. The next deadline in the current Scheduling Order which the parties are requesting 20 to continue is the May 5, 2022 deadline for filing of dispositive motions. The Scheduling Order 21 currently sets a trial date of October 3, 2022. Accordingly, the instant joint motion complies with 22 LCR 7(j) which instructs that “[a] motion for relief from a deadline should, whenever possible, be 23 24 filed sufficiently in advance of the deadline to allow the court to rule on the motion prior to the 25 deadline.” 26 10. The parties agree that all preexisting deadlines that have passed are not to be 27 STIPULATED MOTION AND ORDER LOCKE LORD LLP 28 CONTINUING DEADLINES 200 VESEY STREET, 20TH FLOOR NEW YORK, NEW YORK 10281 18-CV-1132-TSZ (212)415-8600 1 continued or resurrected at this time, except as contemplated herein. 2 11. The parties agree that this stipulation does not affect the filing or noting date of the 3 pending dispositive motion filed by defendants Matthew Cheung or Patenaude and Felix, APC, 4 (Dkt. 284), or address any party’s position on such motion. 5 6 STIPULATED this 2nd day of May, 2022. 7 Attorneys for Plaintiffs: 8 9 LEONARD LAW BERRY & BECKETT, PLLP 10 _/s/ Sam Leonard________ _/s/ Guy W. Beckett Sam Leonard, WSBA #46498 Guy W. Beckett, WSBA #14939 11 3614 California Ave. SW, #151 1708 Bellevue Avenue 12 Seattle, WA 98116 Seattle, WA 98122 Telephone: (206) 486-1176 Telephone: (206) 441-5444 13 Facsimile: (206) 458-6028 Facsimile: (206) 838-6346 Email: sam@seattledebtdefense.com Email: gbeckett@beckettlaw.com 14 15 HENRY & DeGRAAF, P.S. NORTHWEST CONSUMER LAW CENTER 16 _/s/ Christina L. Henry___________ _/s/ Amanda N. Martin______ Christina L. Henry, WSBA #31273 Amanda N. Martin, WSBA #49581 17 119 – 1st Ave. S., Ste. 500 936 North 34th Street, Suite 300 18 Seattle, WA 98104 Seattle, WA 98103 Telephone: (206) 330-0595 Telephone: (206) 805-0989 19 Facsimile: (206) 400-7609 Facsimile: (206) 805-1716 Email: chenry@HDM-legal.com Email: Amanda@NWCLC.org 20 21 Attorneys for National Collegiate Student Loan Trust Defendants: 22 LOCKE LORD LLP LOCKE LORD LLP 23 __/s/ Gregory T. Casamento_ _/s/ J. Matthew Goodin____ 24 Gregory T. Casamento J.Matthew Goodin R.James DeRose, III Pro Hac Vice 25 Pro Hac Vice 111 S. Wacker Dr., Ste. 4100 Brookfield Place Chicago, IL 60606 26 200 Vesey St. 20th Flr. Telephone: (312) 443-0472 27 STIPULATED MOTION AND ORDER LOCKE LORD LLP 28 CONTINUING DEADLINES 200 VESEY STREET, 20TH FLOOR NEW YORK, NEW YORK 10281 18-CV-1132-TSZ (212)415-8600 1 New York, NY 10281-2101 Email: jmgoodin@lockelord.com Email: gcasamento@lockelord.com 2 rderose@lockelord.com 3 FOSTER GARVEY PC 4 _/s/ Tim J. Filer____________ 5 Tim J. Filer, WSBA #16285 6 1111 Third Ave., Ste. 3000 Seattle, WA 98101 7 Telephone: (206) 447-4000 Email: tim.filer@foster.com 8 9 Attorneys for Defendant Transworld Systems Inc. 10 SESSIONS, ISRAEL & SHARTLE 11 12 _/s/ Justin Homes______________ Justin Homes 13 Bryan C. Shartle Pro Hac Vice 14 3850 N. Causeway Blvd., Ste. 200 15 Metairie, LA 70002-7227 Telephone: (504) 828-3700 16 Email: jhomes@sessions.legal bshartle@sessions.legal 17 18 Attorneys for Defendants Patenaude & Felix, A.P.C., Matthew Cheung, and Cheung marital 19 community: 20 LEE SMART, P.S., INC. 21 __/s/ Marc Rosenberg__________ 22 Marc Rosenberg, WSBA #31034 1800 One Convention Place 23 701 Pike Street 24 Seattle, WA 98101-3929 Telephone: (206) 624-7900 25 Email: mr@leesmart.com 26 27 STIPULATED MOTION AND ORDER LOCKE LORD LLP 28 CONTINUING DEADLINES 200 VESEY STREET, 20TH FLOOR NEW YORK, NEW YORK 10281 18-CV-1132-TSZ (212)415-8600 1 II. ORDER 2 The Court having considered the foregoing stipulated motion, and finding that good cause 3 has been shown for the requested relief, now therefore, it is hereby 4 ORDERED, as follows: 5 6 1. The current deadlines for the parties to file dispositive motions for summary 7 judgment and motions related to expert witnesses as set forth in the Court’s Order Setting Trial 8 and Related Dates (Dkt. 146) are hereby stayed until further order of the Court. 9 2. Within five (5) days of the Court’s decision on Plaintiffs’ motions seeking 10 discovery from TSI that are pending before the Court (Dkt. 271, 276) (together, the “Discovery 11 12 Motions”), the parties shall meet and confer and attempt to agree on new filing and noting 13 deadlines for dispositive motions for summary judgment and motions related to expert witnesses 14 and, if necessary, a comprehensive new schedule that accounts for the continued deadlines to file 15 these motions, as well as the continued noting dates for TSI’s Motion for Summary Judgment (Dkt. 16 161) and Plaintiffs’ Motion for Class Certification (Dkt. 232), which were stayed until further 17 18 order by the Court’s March 14, 2022 Order (Dkt. 268). If the parties cannot agree, the parties shall 19 submit their proposals for a revised schedule to the Court within eight (8) days of the Court’s 20 decision on the Discovery Motions. 21 3. The parties are granted leave to take the depositions of expert witnesses designated 22 under Fed. R. Civ. P. 26(a)(2), within 30 days of the Court’s decision on the pending Discovery 23 24 Motions. 25 26 27 STIPULATED MOTION AND ORDER LOCKE LORD LLP 28 CONTINUING DEADLINES 200 VESEY STREET, 20TH FLOOR NEW YORK, NEW YORK 10281 18-CV-1132-TSZ (212)415-8600 1 4. The parties are granted leave to take the deposition of the Fed. R. Civ. P. 30(b)(6) 2 designated representative of subpoenaed non-party Boston Portfolio Advisers, Inc. (“BPA”), 3 within 30 days of the Court’s decision on the pending Discovery Motions. 4 5. The parties are granted leave to take the deposition of the Fed. R. Civ. P. 30(b)(6) 5 6 designated representative of non-party Pennsylvania Higher Education Assistance Agency, 7 concerning the documents produced by BPA and BPA’s testimony, if any, within 30 days of the 8 Court’s decision on the pending Discovery Motions. 9 6. This order does not affect the filing or noting date of the pending dispositive motion 10 filed by defendants Matthew Cheung or Patenaude and Felix, APC (Dkt. 284). 11 12 7. No other deadlines that have previously passed shall be resurrected at this time. 13 14 DONE THIS 3rd day of May, 2022. 15 16 17 A 18 _____________________________________ Thomas S. Zilly 19 United States District Judge 20 21 22 23 24 25 26 27 STIPULATED MOTION AND ORDER LOCKE LORD LLP 28 CONTINUING DEADLINES 200 VESEY STREET, 20TH FLOOR NEW YORK, NEW YORK 10281 18-CV-1132-TSZ (212)415-8600