Summary
dismissing TCPA claim for failure to properly plead the defendants used an ATDS
Summary of this case from Duchene v. OnStar, LLCOpinion
Case No. 2:12-cv-00576-RSL
01-18-2013
TORREY GRAGG, on his own behalf and on behalf of similarly situated persons, Plaintiff, v. ORANGE CAB COMPANY, INC., a Washington corporation; and RIDECHARGE, INC., a Delaware corporation d/b/a TAXI MAGIC, Defendants.
DAVIS WRIGHT TREMAINE LLP Attorneys for Defendants Kenneth E. Payson, WSBA #26369 Ryan C. Gist, WSBA #41816 HEYRICH KALISH MCGUIGAN PLLC Counsel for Plaintiff Donald W. Heyrich, WSBA #23091 KIRBY LAW GROUP Albert H. Kirby, WSBA #23091
The Honorable Robert S. Lasnik
STIPULATION AND ORDER
CONTINUING DEADLINE FOR
PLAINTIFF TO FILE MOTION
FOR CLASS CERTIFICATION
The parties, by and through their attorneys of record, respectfully request that the Court enter the proposed Order set forth below, which extends the deadline for plaintiff Torrey Gragg to file his Motion for Class Certification until 90 days from the date the Court enters an Order on defendants Ridecharge, Inc.'s (d/b/a "TaxiMagic") and Orange Cab Company, Inc.'s ("Orange Cab) Motion for Judgment on the Pleadings. In support of this request, the parties represent the following to the Court:
1. On July 19, 2012, pursuant to the parties' agreement in the Joint Status Report and Discovery Plan, the Court set February 22, 2013 as the deadline for plaintiff to file his Motion for Class Certification [Dkt. 26].
2. On September 24, 2012, defendants filed a Motion for Judgment on the Pleadings seeking dismissal of plaintiff's claims [Dkt. 29]. This Motion is fully briefed and pending decision of the Court. Defendants also filed a Motion for Protective Order Staying Discovery Pending Resolution of Motion for Judgment on the Pleadings [Dkt. 31]. The Court denied defendants' Motion for Protective Order on October 30, 2012 [Dkt. 40].
3. Since October 30, 2012, the parties have engaged in written discovery and are in the process of exchanging documents. The parties are currently preparing to conduct depositions in various locations across the United States. The parties will incur significant cost conducting and defending these depositions.
4. Because the Court's decision on defendants' Motion for Judgment on the Pleadings may affect the arguments plaintiff might make in his Motion for Class Certification and therefore alter the scope of class-certification related discovery and, in particular, may alter the scope of upcoming depositions plaintiff intends to take, plaintiff's counsel asked defendants' counsel to agree to continue plaintiff's deadline to file his Motion for Class Certification until 90 days from the date the Court enters an Order on defendants' pending Motion for Judgment on the Pleadings. Defendants' counsel agreed to that request.
5. In light of the foregoing, the parties agree (subject to the Court's approval) that the deadline for plaintiff to file his Motion for Class Certification should be continued until 90 days from the date the Court enters an Order on defendants' Motion for Judgment on the Pleadings.
6. Good cause for approving the continuance exists. The continuance will ensure plaintiff has sufficient time to conduct class-certification related discovery and to adequately address the issues presented by class certification. Stipulated and respectfully submitted this 15th day of January, 2013, by: DAVIS WRIGHT TREMAINE LLP
Attorneys for Defendants
By: ___________
Kenneth E. Payson, WSBA #26369
Ryan C. Gist, WSBA #41816
HEYRICH KALISH MCGUIGAN PLLC
Counsel for Plaintiff
By: ___________
Donald W. Heyrich, WSBA #23091
KIRBY LAW GROUP
Albert H. Kirby, WSBA #23091
ORDER
IT IS SO ORDERED. The Court VACATES the February 22, 2013, deadline for plaintiff to file his Motion for Class Certification set forth in its Minute Order dated July 19, 2012 [Dkt. 26] and CONTINUES said date until 90 days from the date the Court enters an Order on defendants' Motion for Judgment on the Pleadings [Dkt. 29].
___________
Robert S. Lasnik
United States District Judge
Presented by: DAVIS WRIGHT TREMAINE LLP
Attorneys for Defendants
By: ___________
Kenneth E. Payson, WSBA #26369
Ryan C. Gist, WSBA #41816
1201 Third Avenue, Suite 2200
Seattle, Washington 98101-3045
Telephone: (206) 622-3150
Fax: (206) 757-7700
E-mail: kenpayson@dwt.com
ryangist@dwt.com
HEYRICH KALISH MCGUIGAN PLLC
Counsel for Plaintiff
By: ___________
Donald W. Heyrich, WSBA #23091
1325 Fourth Ave, Suite 540
Seattle, Washington 98101
Telephone: (206) 838-2504
Fax: (206) 826-5378
E-mail: dheyrich@hkm.com
KIRBY LAW GROUP
Albert H. Kirby, WSBA #23091
93 S. Jackson St. #63230
Seattle, Washington 98104
Telephone: (206) 414-9950
Fax: (866) 845-6302
E-mail: ahkirby@kirby-legal.com