Opinion
2:18-cv-01280-JAD-EJY
04-21-2023
Kathleen Bliss, on behalf of herself, the Proposed Nationwide Rule 23 Class, and the Proposed Nevada Subclass, Plaintiff, v. CoreCivic, Inc., Defendant.
Daniel P. Struck (admitted pro hac vice) AZ Bar No. 012377 Rachel Love (admitted pro hac vice) AZ Bar No. 019881 Jacob B. Lee NV Bar No. 012428 Ashlee B. Hesman NV Bar No. 012740 Anne M. Orcutt (admitted pro hac vice) AZ Bar No. 029387 Eden G. Cohen (admitted pro hac vice) AZ Bar No. 034529 STRUCK LOVE BOJANOWSKI & ACEDO, PLC Gina G. Winspear Nevada Bar No. 005552 DENNETT WINSPEAR, LLP Attorneys for Defendant CoreCivic, Inc. NICHOLS KASTER, PLLP Matthew H. Morgan* MN Bar No. 304657 Anna P. Prakash* MN Bar No. 0351362 Rebekah L. Bailey* MN Bar No. 0389599 Charles J. O'Meara* MN Bar No. 0402777 NICHOLS KASTER, PLLP Matthew C. Helland* CA Bar No. 250451 NICHOLS KASTER, LLP Michael Hodgson* MO Bar No. 63677 THE HODGSON LAW FIRM, LLC Lance D. Sandage* MO Bar No. 46022 SANDAGE LAW LLC Joseph K. Eischens* MO Bar No. 44706 LAW OFFICE OF JOSEPH K. EISCHENS Paul S. Padda NV Bar No. 10417 PAUL PADDA LAW, PLLC Admitted pro hac vice Attorneys for Plaintiff and the Proposed Classes
Daniel P. Struck (admitted pro hac vice) AZ Bar No. 012377 Rachel Love (admitted pro hac vice) AZ Bar No. 019881 Jacob B. Lee NV Bar No. 012428 Ashlee B. Hesman NV Bar No. 012740 Anne M. Orcutt (admitted pro hac vice) AZ Bar No. 029387 Eden G. Cohen (admitted pro hac vice) AZ Bar No. 034529 STRUCK LOVE BOJANOWSKI & ACEDO, PLC Gina G. Winspear Nevada Bar No. 005552 DENNETT WINSPEAR, LLP Attorneys for Defendant CoreCivic, Inc.
NICHOLS KASTER, PLLP Matthew H. Morgan* MN Bar No. 304657 Anna P. Prakash* MN Bar No. 0351362 Rebekah L. Bailey* MN Bar No. 0389599 Charles J. O'Meara* MN Bar No. 0402777 NICHOLS KASTER, PLLP Matthew C. Helland* CA Bar No. 250451 NICHOLS KASTER, LLP Michael Hodgson* MO Bar No. 63677 THE HODGSON LAW FIRM, LLC Lance D. Sandage* MO Bar No. 46022 SANDAGE LAW LLC Joseph K. Eischens* MO Bar No. 44706 LAW OFFICE OF JOSEPH K. EISCHENS Paul S. Padda NV Bar No. 10417 PAUL PADDA LAW, PLLC Admitted pro hac vice Attorneys for Plaintiff and the Proposed Classes
STIPULATION TO EXTEND DEADLINES (FIFTH REQUEST)
Defendant, CoreCivic, Inc. (“CoreCivic”), and Plaintiff, Kathleen Bliss (“Plaintiff'), respectfully request a one-week extension of the deadlines for CoreCivic's class certification expert disclosure, the completion of class certification expert discovery, and the opening and response class certification briefs. This is the parties' fifth request to extend these deadlines, but the fourth following remand from the Ninth Circuit. (See Dkt. 86, 155, 216, and 222.)
The parties do not seek to extend the deadline for the class certification reply brief.
As demonstrated in the parties' prior stipulations and other filings, the parties have been diligently engaged in discovery since the case was remanded, including, as relevant here, production of extensive inmate/detainee call data by third-party inmate/detainee telephone service providers; Rule 30(b)(6) depositions of several third-party inmate/detainee telephone service providers; and a Rule 30(b)(6) deposition of CoreCivic.
Representations by CoreCivic: CoreCivic's expert has been working diligently to review and analyze the call data and prepare his expert opinions. In broad terms, this has included normalizing telephone numbers (including attorney numbers that appear to have come from OCR'd paper directories and websites listing bar members), normalizing call data to permit matching of the call detail records against attorney numbers, identify recorded and non-recorded calls, matching facility names, and comparing call data across a large and disparate set of data from many facilities and many telephone services platforms over more than six years. CoreCivic's expert is working to compile this data into two primary tables-one consisting of unique calls across all facilities for the relevant time period, and one consisting of all attorney phone numbers called across all facilities for the relevant time period-but this has unfortunately taken longer than anticipated.
CoreCivic's expert has thus far identified approximately 80,000,000 unique calls and 1,000,000 unique attorney telephone numbers. He has nearly completed his review and analysis of the data and expects to be able to complete his report for disclosure by Friday, April 28, 2023.
Plaintiff is without knowledge as to the work CoreCivic's expert has performed, but is agreeable to the extension. As noted above, the parties are not seeking to extend the deadline for the class certification reply brief. As a result, the requested extension will not affect the timeline for resolution of the class certification motion or the deadlines that are keyed off of that resolution.
The following deadlines are currently in effect:
• Defendant's Class Certification Expert Disclosure: 4/21/23
• Completion of Class Certification Expert Discovery: 5/12/23
• Plaintiff's Opening Class Certification Brief: 6/2/23
• Defendant's Class Certification Response Brief: 7/14/23
• Plaintiff's Class Certification Reply Brief: 8/14/23
The parties respectfully request that the Court extend all deadlines except the Class Certification Reply Brief deadline by one week, as follows:
• Defendant's Class Certification Expert Disclosure: 4/28/23
• Completion of Class Certification Expert Discovery: 5/19/23
• Plaintiff's Opening Class Certification Brief: 6/9/23
• Defendant's Class Certification Response Brief: 7/21/23
• Plaintiff's Class Certification Reply Brief: 8/14/23
DATED this 21st day of April, 2023.
IT IS SO ORDERED: