Tokarski v. Med-Data Inc

Opinion

THE HONORABLE TANA LIN

WESTERN DISTRICT OF WASHINGTON NICOLE TOKARSKI, on behalf of herself and all others similarly situated, NO. 2:21-cv-00631-TL Plaintiff, STIPULATED MOTION AND v. [PROPOSED] ORDER TO AMEND CASE SCHEDULE NOTED FOR CONSIDERATION: Defendant. January 10, 2023

The current deadline for Plaintiff to file her motion for class certification is January 11, 2023. Dkt. No. 93. For the good cause explained below, the Parties respectfully request that the Court extend Plaintiff’s deadline to file her motion for class certification to February 15, 2023 (35 days from January 11, 2022) and adjust all related response dates for the motion for class certification and other case deadlines to account for the 35-day adjustment. 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); Doe v. Trump, No. 2:17-CV-00178-JLR, 2017 WL 1378504, at *1 (W.D. Wash. Apr. 11, 2017). The parties have continued their combined and coordinated discovery efforts in each of the related pending matters, including this matter and the case pending in federal court in Texas and a state matter in Kansas. On January 3, 2023, third party Crowe LLP provided a supplemental production pursuant to subpoena of over 2,000 pages of documents. Defendant has also continued to produce documents, having produced an additional 4,000-page production on December 21, 2022. The parties’ experts also continue their work as part of the ongoing discovery review process. Plaintiff requires a small amount of additional time to finalize her motion for class certification and is seeking—with agreement of Defendant—an additional 35 days. Extending the current deadlines will allow the parties to review recently provided discovery and resolve any disputes without undue haste and to continue to coordinate the related cases to avoid duplication and wasted resources. For these reasons, there is good cause to extend the deadline for a motion for class certification. Accordingly, the Parties agree and stipulate, subject to the Court’s approval, to an extension as follows: EVENT CURRENT NEW DEADLINE DEADLINE Deadline for Plaintiff to File Motion for January 11, 2023 February 15, 2023 Class Certification Deadline for Defendant to File Response February 10, 2023 March 17, 2023 on Motion for Class Certification Deadline for Plaintiff to File Reply on March 3, 2023 April 7, 2023 Motion for Class Certification Discovery Deadline 45 days after 45 days after Court’s Court’s ruling on ruling on Class Class Certification Certification Deadline for filing Dispositive Motions 75 days after 75 days after Court’s Court’s ruling on ruling on Class Class Certification Certification

STIPULATED TO AND DATED this 10th day of January, 2023.

TERRELL MARSHALL LAW GROUP PLLC ARETE LAW GROUP PLLC By: /s/ Beth E. Terrell, WSBA #26759 By: /s/ Ralph H. Palumbo, WSBA #4751 Beth E. Terrell, WSBA #26759 Ralph H. Palumbo, WSBA #4751 Email: bterrell@terrellmarshall.com Email: rpalumbo@aretelaw.com Ryan Tack-Hooper, WSBA #56423 Lynn M. Engel, WSBA #21934 Email: rtack-hooper@terrellmarshall.com Email: lengel@aretelaw.com Elizabeth A. Adams, WSBA #49175 1218 Third Avenue, Suite 2100 Email: eadams@terrellmarshall.com Seattle, Washington 98101 936 North 34th Street, Suite 300 Telephone: (206) 428-3150 Seattle, Washington 98103-8869 Facsimile: (206) 428-3251 Telephone: (206) 816-6603 Facsimile: (206) 319-5450 Kent M. Adams, Admitted Pro Hac Vice Email: kent.adams@wilsonelser.com John Heenan, Admitted Pro Hac Vice WILSON ELSER MOSKOWITZ Email: john@lawmontana.com EDELMAN & DICKER (HOUSTON) Teague Westrope 909 Fannin Street, Suite 3300 Email: teague@lawmontana.com Houston, Texas 77010 HEENAN & COOK Telephone: (713) 353-2027 1631 Zimmerman Trail, Suite 1 Facsimile: (713) 785-7780 Billings, Montana 59102 Telephone: (406) 839-9081 Attorneys for Defendant John A. Yanchunis, Admitted Pro Hac Vice Email: jyanchunis@forthepeople.com Ryan Maxey, Admitted Pro Hac Vice Email: rmaxey@forthepeople.com MORGAN & MORGAN 201 North Franklin Street, 7th Floor Tampa, Florida 33602 Telephone: (813) 223-5505 Michael F. Ram, Admitted Pro Hac Vice Email: mram@forthepeople.com 711 Van Ness Avenue, Suite 500 San Francisco, California 94102-3275 Telephone: (415) 358-6913 Facsimile: (415) 358-6923

Attorneys for Plaintiff II. ORDER Based on the forgoing parties’ stipulation and for good cause, it is hereby ORDERED that the current deadlines regarding class certification briefing are EXTENDED by 35 days as set forth in the accompanying motion.

Dated this 10th day of January 2023. A Tana Lin United States District Judge