Lemmon v. Pierce County

Opinion

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

The parties are working diligently on discovery related to class issues in this case. Plaintiff served written discovery requests on July 30, 2021. The County responded on September 15 and submitted supplemental responses on September 29. The County served written discovery requests on August 2, and Plaintiff responded on September 15. Plaintiff anticipates that he will serve supplemental responses and documents responsive to the County’s requests shortly and may also propound further discovery requests related to class certification issues in the coming weeks. The County has produced some documents and anticipates rolling productions of a substantial number of documents and records through the end of October. The parties are also working to meet and confer on several issues related to both parties’ responses and productions and hope to resolve them without Court intervention. But it is possible that one or both parties may file discovery motions. To the extent such discovery issues relate to class certification, the parties will need additional time to fully brief these issues and the Court will need time to resolve them before any class certification briefing. Furthermore, the parties anticipate they will need to review all document productions and investigate information in those documents before deposing witnesses about issues relevant to class certification. Thus, the parties agree that a six-month extension is justified to resolve any discovery disputes, conduct investigations and depositions, and for Plaintiff to file his motion for class certification. Accordingly, the parties agree and stipulate, subject to the Court’s approval, that the deadline for Plaintiff’s motion for class certification be extended to April 15, 2022. // // // // // 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

RESPECTFULLY SUBMITTED AND DATED this 11th day of October, 2021. TERRELL MARSHALL LAW GROUP PLLC DAVIS WRIGHT TREMAINE LLP By:_/s/ Toby J. Marshall, WSBA #32726 By: /s/ Fred B. Burnside, WSBA #32491 Toby J. Marshall, WSBA #32726 Fred B. Burnside, WSBA #32491 Email: tmarshall@terrellmarshall.com Email: fredburnside@dwt.com Eric R. Nusser, WSBA #51513 920 Fifth Avenue, Suite 3300 Email: eric@terrellmarshall.com Seattle, Washington 98104 Sarah E. Smith, WSBA #55770 Telephone: (206) 757-8016 Email: ssmith@terrellmarshall.com Facsimile: (206) 757-7016 936 North 34th Street, Suite 300 Seattle, Washington 98103-8869 Daniel R. Hamilton, WSBA #14658 Telephone: (206) 816-6603 Email: dan.hamilton@ piercecountywa.gov Facsimile: (206) 319-5450 Donna Y. Masumoto, WSBA #19700 Email: donna. masumoto@ piercecountywa.gov Breanne Schuster, WSBA #49993 PIERCE COUNTY PROSECUTOR / CIVIL Email: bschuster@aclu-wa.org 955 Tacoma Avenue South, Suite 301 Julia Mizutani, WSBA #55615 Tacoma, Washington 98402 Email: jmizutani@aclu-wa.org Telephone: (253) 798-7746 AMERICAN CIVIL LIBERTIES UNION OF Facsimile: (253) 798-6713 P.O. Box 2728 Attorneys for Defendant Seattle, Washington 98111-2728 Telephone: (206) 624-2184 Facsimile: (206) 624-2190 Attorneys for Plaintiff 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

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

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

Dated this 12th gay of October , 2021.

THE HONORABLE ROBERT S. LASNIK 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