Lemmon v. Pierce County

Opinion

1 THE HONORABLE ROBERT S. LASNIK 2 3 4 5 6 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON 7 EDDIE LEE LEMMON, individually and on 8 | behalf of all others similarly situated, nmmany Situ NO. 3:21-cv-05390-RSL 9 . . Plaintiff, STIPULATED MOTION AND ORDER TO 10 EXTEND DEADLINE FOR PLAINTIFF’S V. MOTION FOR CLASS CERTIFICATION 11 PIERCE COUNTY, a Washington municipality, 12 Defendant. 13 14 15 16 I. STIPULATION 17 On July 13, 2021, the Court entered an Order setting October 14, 2021 as Plaintiff’s 18 | deadline to file his motion for class certification. ECF No. 21. The parties agree they have 19 | additional discovery to complete and further independent investigations to undertake before 20 | they are prepared to brief class certification. The parties therefore stipulate and request that 21 | the Court extend Plaintiff's deadline to file his motion for class certification by six months to 22 | April 15, 2022. 23 The Local Rules allow parties to file stipulated motions, including to request relief from a 24 | deadline. LCR 7(d)(1); LCR 10(g) (providing that stipulated motions to alter schedules previously 25 | set by the court should be supported by reasons justifying the proposed change); see also Doe 26 | v. Trump, No. 2:17-CV-00178 (JLR), 2017 WL 1378504, at *1 (W.D. Wash. Apr. 11, 2017). 27 STIPULATED MOTION AND ORDER TO EXTEND DEADLINE FOR PLAINTIFF'S MOTION FOR CLASS CERTIFICATION - 1 TERRELL MARSHALL LAW GROUP PLLC 936 North 34th Street, Suite 300 CASE NO. 3:21-cv-05390-RSL Seattle, Washington 98103-8869

1 The parties are working diligently on discovery related to class issues in this case. 2 | Plaintiff served written discovery requests on July 30, 2021. The County responded on 3 | September 15 and submitted supplemental responses on September 29. The County served 4 | written discovery requests on August 2, and Plaintiff responded on September 15. Plaintiff 5 | anticipates that he will serve supplemental responses and documents responsive to the 6 | County’s requests shortly and may also propound further discovery requests related to class 7 | certification issues in the coming weeks. The County has produced some documents and 8 | anticipates rolling productions of a substantial number of documents and records through the 9 | end of October. 10 The parties are also working to meet and confer on several issues related to both 11 | parties’ responses and productions and hope to resolve them without Court intervention. But it 12 | is possible that one or both parties may file discovery motions. To the extent such discovery 13 | issues relate to class certification, the parties will need additional time to fully brief these issues 14 | and the Court will need time to resolve them before any class certification briefing. 15 Furthermore, the parties anticipate they will need to review all document productions 16 | and investigate information in those documents before deposing witnesses about issues 17 | relevant to class certification. Thus, the parties agree that a six-month extension is justified to 18 | resolve any discovery disputes, conduct investigations and depositions, and for Plaintiff to file 19 | his motion for class certification. 20 Accordingly, the parties agree and stipulate, subject to the Court’s approval, that the 21 | deadline for Plaintiff’s motion for class certification be extended to April 15, 2022. 22 | // 23 | // 24 | // 25 | // 26 | // 27 STIPULATED MOTION AND ORDER TO EXTEND DEADLINE FOR PLAINTIFF’S MOTION FOR CLASS CERTIFICATION - 2 TERRELL MARSHALL LAW GROUP PLLC CASE NO. 3:21-cv-05390-RSL 238 North Bath Street, sults 80

1 RESPECTFULLY SUBMITTED AND DATED this 11th day of October, 2021. 2 3 TERRELL MARSHALL LAW GROUP PLLC DAVIS WRIGHT TREMAINE LLP 4 By:_/s/ Toby J. Marshall, WSBA #32726 By: /s/ Fred B. Burnside, WSBA #32491 3 Toby J. Marshall, WSBA #32726 Fred B. Burnside, WSBA #32491 6 Email: tmarshall@terrellmarshall.com Email: fredburnside@dwt.com Eric R. Nusser, WSBA #51513 920 Fifth Avenue, Suite 3300 7 Email: eric@terrellmarshall.com Seattle, Washington 98104 Sarah E. Smith, WSBA #55770 Telephone: (206) 757-8016 8 Email: ssmith@terrellmarshall.com Facsimile: (206) 757-7016 9 936 North 34th Street, Suite 300 Seattle, Washington 98103-8869 Daniel R. Hamilton, WSBA #14658 10 Telephone: (206) 816-6603 Email: dan.hamilton@ piercecountywa.gov Facsimile: (206) 319-5450 Donna Y. Masumoto, WSBA #19700 1 Email: donna. masumoto@ piercecountywa.gov 12 Breanne Schuster, WSBA #49993 PIERCE COUNTY PROSECUTOR / CIVIL Email: bschuster@aclu-wa.org 955 Tacoma Avenue South, Suite 301 13 Julia Mizutani, WSBA #55615 Tacoma, Washington 98402 14 Email: jmizutani@aclu-wa.org Telephone: (253) 798-7746 AMERICAN CIVIL LIBERTIES UNION OF Facsimile: (253) 798-6713 15 WASHINGTON FOUNDATION P.O. Box 2728 Attorneys for Defendant 16 | Seattle, Washington 98111-2728 17 Telephone: (206) 624-2184 Facsimile: (206) 624-2190 18 Attorneys for Plaintiff 19 20 21 22 23 24 25 26 27 STIPULATED MOTION AND ORDER TO EXTEND DEADLINE FOR PLAINTIFF’S MOTION FOR CLASS CERTIFICATION - 3 TERRELL MARSHALL LAW GROUP PLLC CASE NO. 3:21-cv-05390-RSL Seattle. Washineton 98103-8869

1 Il. ORDER 5 Based on the foregoing parties’ stipulation, IT IS HERE BY ORDERED THAT Plaintiff’s

3 deadline to file a motion for class certification be extended to April 15, 2022.

4 5 Dated this 12th gay of October , 2021.

8 THE HONORABLE ROBERT S. LASNIK 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 STIPULATED MOTION AND ORDER TO EXTEND DEADLINE FOR PLAINTIFF’S MOTION FOR CLASS CERTIFICATION - 4 TERRELL MARSHALL LAW GROUP PLLC CASE NO. 3:21-cv-05390-RSL Seattle. Washineton 98103-8869