Opinion
Civil Action 2:22-cv-01726-RSL
02-09-2023
LENA ARMAS and ANDREA BLUM, individually and on behalf of all others similarly situated, Plaintiff, v. REALPAGE, INC., GREYSTAR REAL ESTATE PARTNERS, LLC, CH REAL ESTATE SERVICES, LLC, LINCOLN PROPERTY CO., FPI MANAGEMENT, INC., MID-AMERICA APARTMENT COMMUNITIES, INC., AVENUE5 RESIDENTIAL, LLC, EQUITY RESIDENTIAL, ESSEX MANAGEMENT CORPORATION, AVALONBAY COMMUNITIES, INC., COMMUNITIES MANAGEMENT, LLC, SECURITY PROPERTIES INC., B/T WASHINGTON, LLC d/b/a BLANTON TURNER, INDEPENDENCE REALTY TRUST, INC., CUSHMAN & WAKEFIELD, INC., BH MANAGEMENT SERVICES, LLC, and UDR, INC., CAMDEN PROPERTY TRUST, ESSEX PROPERTY TRUST, INC., THRIVE 22 Defendants.
Steve W. Berman J. Douglas Baldridge Breanna Van Engelen VENABLE LLP HAGENS BERMAN SOBOL SHAPIRO LLP
Steve W. Berman
J. Douglas Baldridge
Breanna Van Engelen
VENABLE LLP
HAGENS BERMAN SOBOL SHAPIRO LLP
STIPULATED MOTION AND ORDER SUSPENDING DEADLINE FOR DEFENDANT CH REAL ESTATE SERVICES LLC TO RESPOND TO COMPLAINT
ROBERT S. LASNIK, UNITED STATES DISTRICT JUDGE
Pursuant to Local Civil Rules 7(d)(1), 7(j), and 10(g), Plaintiffs Lena Armas and Andrea Blum (collectively, “Plaintiffs”) and Defendant CH Real Estate Services LLC (“Carter-Haston”), by and through their respective counsel, hereby stipulate as follows:
WHEREAS, Plaintiffs filed a Class Action Complaint (the “Complaint”) on December 6, 2022. ECF No. 1.
WHEREAS, Plaintiffs and certain other Defendants (“Stipulating Defendants”) entered into stipulations that, for purposes of judicial efficiency, suspend the date for Stipulating Defendants to answer, move to dismiss, or otherwise respond to the Complaint. ECF Nos. 51, 55, 68, 72.
WHEREAS, the Court subsequently entered Orders that, inter alia, suspended the date for Stipulating Defendants to respond to the Complaint and required the parties to submit a status report by January 18, 2023. ECF Nos. 54, 56, 69, 73.
WHEREAS, on January 18, 2023, Plaintiffs and Stipulating Defendants submitted a joint status report in which Plaintiffs requested that the Court suspend the deadline for Stipulating Defendants to respond to the Complaint until after the Court resolves Plaintiffs' pending Motion to Consolidate (ECF No. 70) and Stipulating Defendants requested that the Court continue to suspend the deadline until after the U.S. Joint Panel on Multidistrict Litigation rules on a pending motion to centralize related actions. ECF No. 75. Those requests are pending.
WHEREAS, Plaintiffs and Carter-Haston believe that judicial efficiency would be served by suspending the deadline for Carter-Haston to answer, move to dismiss, or otherwise respond to the Complaint, so that Carter-Haston's deadline is the same as Stipulating Defendants.
THEREFORE, the parties stipulate and agree to suspend the deadline for Carter-Haston to answer, move to dismiss, or otherwise respond to the Complaint and request that the Court grant the request so that the deadline for Carter-Haston's response to the Complaint is the same deadline as the Court sets for the Stipulating Defendants.
In making this stipulation, Carter-Haston does not waive, in this or any other action, any (i) defenses or arguments for dismissal that may be available under Fed.R.Civ.P. 12; (ii) affirmative defenses under Fed.R.Civ.P. 8; (iii) other statutory or common law defenses that may be available; or (iv) right to seek or oppose any reassignment, transfer, or consolidated alternatives. Carter-Haston expressly reserves its rights to raise any such defenses (or any other defense) in response to either the Complaint or any original, amended, or consolidated complaint that may be filed in this or any other action.
ORDER
THIS MATTER came before the Court on the parties' Stipulated Motion to Suspend the Deadline for Defendant to Respond to the Complaint. Now, therefore, IT IS HEREBY ORDERED THAT:
The deadline for Defendant CH Real Estate Services LLC to answer, move to dismiss, or otherwise respond to the Complaint is hereby suspended.