Opinion
2:21-CV-00533-TL
07-31-2023
DENNIS E. DAVIS, individually and on behalf of all others similarly situated, Plaintiff, v. SYMETRA LIFE INSURANCE COMPANY, Defendant. Event Deadline
TOUSLEY BRAIN STEPHENS PLLC Kim D. Stephens, P.S., WSBA #11984 Rebecca L. Solomon, WSBA #51520 STUEVE SIEGEL HANSON LLP Patrick J. Stueve (admitted pro hac vice) Lindsay Todd Perkins (admitted pro hac vice) Ethan M. Lange (admitted pro hac vice) David A. Hickey (admitted pro hac vice) MILLER SCHIRGER, LLC John J. Schirger (admitted pro hac vice) Matthew W. Lytle (admitted pro hac vice) Joseph M. Feierabend (admitted pro hac vice) MILLER SCHIRGER, LLC Counsel for Plaintiff Dennis E. Davis WILLKIE FARR & GALLAHER LLP Laura Geist, pro hac vice Willkie Farr & Gallagher LLP Medora A. Marisseau, WSBA No. 23114 Karr Tuttle Campbell Attorney for Defendant SYMETRA LIFE INSURANCE COMPANY
Noted on Motion Calendar: 7/28/2023
TOUSLEY BRAIN STEPHENS PLLC
Kim D. Stephens, P.S., WSBA #11984
Rebecca L. Solomon, WSBA #51520
STUEVE SIEGEL HANSON LLP
Patrick J. Stueve (admitted pro hac vice)
Lindsay Todd Perkins (admitted pro hac vice)
Ethan M. Lange (admitted pro hac vice)
David A. Hickey (admitted pro hac vice)
MILLER SCHIRGER, LLC
John J. Schirger (admitted pro hac vice)
Matthew W. Lytle (admitted pro hac vice)
Joseph M. Feierabend (admitted pro hac vice)
MILLER SCHIRGER, LLC
Counsel for Plaintiff Dennis E. Davis
WILLKIE FARR & GALLAHER LLP
Laura Geist, pro hac vice
Willkie Farr & Gallagher LLP
Medora A. Marisseau, WSBA No. 23114
Karr Tuttle Campbell
Attorney for Defendant SYMETRA LIFE INSURANCE COMPANY
STIPULATION AND JOINT MOTION TO MODIFY SCHEDULING ORDER AND PROPOSED ORDER
TANA LIN UNITED STATES DISTRICT JUDGE
Pursuant to Local Civil Rules 16(b)(6) and this Court's Standing Order for All Civil Cases, Section II(G), Plaintiff Dennis Davis and Defendant Symetra Life Insurance Company jointly and respectfully move this Court to modify the current scheduling orders at ECF No. 52.
Good cause exists for the modification and the Parties respectively request the Court consider the following modifications to the case schedule. The Parties are diligently pursuing discovery and completed rounds of written discovery and document production. Symetra has also taken the Plaintiff's deposition and produced requested policy data. The Parties are proceeding with ESI review and production, which, due to the nature of the case, is voluminous. The case seeks information and documents from 1982 to the present. Symetra also encountered unexpected technical difficulties with the ESI that has prolonged its processing. Symetra has kept the Plaintiff informed about its ESI progress, and the Parties have been working cooperatively to push through this phase of this discovery. Symetra anticipated completing production of the ESI by July 28, 2023, and has produced about 14,000 pages of ESI documents to date, but still has significant additional materials to produce. Symetra anticipates completing its ESI production next week, and can commit to finishing its ESI production no later than August 11, 2023. Additionally, Symetra is currently drafting a supplement to its interrogatory responses following an extensive meet-and-confer process with Plaintiff, but due to various scheduling issues has not yet been able to finalize and serve the verified supplemental responses. Symetra hopes to provide it sooner, but will serve the verified supplemental responses no later than August 18, 2023. Due to the unexpected delay described above, and in anticipation of Symetra's further ESI production and discovery supplementation, the Parties have conferred and agreed that an extension of the current case schedule is necessary so that the Parties can review the ESI productions and determine whether any additional discovery or discovery disputes remain regarding the ESI, review the supplemental interrogatory responses and determine whether any further disputes regarding the responses remain, and conduct corporate representative depositions prior to the deadline for completion of class discovery.
To accommodate the ongoing and upcoming class discovery, the Parties met and conferred and jointly propose modifying the current case schedule to extend the current deadlines by six weeks as follows:
Event
Current Deadline (ECF 52)
Proposed Deadline
Symetra to complete production of agreed-upon ESI documents no later than
N/A
August 11, 2023
Symetra to serve verified supplemental interrogatory responses no later than
N/A
August 18, 2023
All motions related to class discovery must be filed by the date
July 28, 2023
September 8, 2023
All motions related to class discovery must be noted on the motion calendar no later than the Friday before discovery closes pursuant to LCR 7(d) or LCR 37(a)(2)
August 25, 2023
October 6, 2023
Class Discovery completed by this date
August 31, 2023
October 12, 2023
Deadline to file Plaintiff's motion for class certifications and class expert disclosure
October 10, 2023
November 21, 2023
Deadline for amended pleadings
October 10, 2023
November 21, 2023
Reports from Plaintiff's expert witnesses under FCP 26(a)(2) for use in support of class certification
October 10, 2023
November 21, 2023
Deadline to file Defendant's opposition to Plaintiff's motion for class certification and any objections to Plaintiff's experts
December 13, 2023
January 24, 2024
Reports from Defendant's expert witnesses under FRCP 26(a)(2)
December 13, 2023
January 24, 2024
Deadline to file Plaintiff's Reply brief in support of class certification motion and any objection to Defendant's experts
January 26, 2024
March 8, 2024
Rebuttal reports from Plaintiff's expert witnesses under FRCP 26(a)(2) for use in support of class certification
January 26, 2024
March 8, 2024
Event
Current Deadline (ECF 52)
Proposed Deadline
Settlement Conference, if mediation has been requested by the parties per LCR 39.1, held no later than
March 15, 2024
April 26, 2024
Mediation per LCR 39.1, if requested by the parties, held no later than
April 19, 2024
May 31, 2024
It is the expectation of the Parties that the proposed schedule will narrow the issues remaining, if any, for trial. Accordingly, the Parties respectfully ask that the Court enter the above stipulated schedule.
[PROPOSED] ORDER
Pursuant to the parties' joint motion to modify scheduling order, the parties' joint proposed schedule is adopted, as set forth below.
Event
Deadline
Symetra to complete production of agreed-upon ESI documents no later than
August 11, 2023
Symetra to serve verified supplemental interrogatory responses no later than
August 18, 2023
All motions related to class discovery must be filed by the date
September 8, 2023
All motions related to class discovery must be noted on the motion calendar no later than the Friday before discovery closes pursuant to LCR 7(d) or LCR 37(a)(2)
October 6, 2023
Class Discovery completed by this date
October 12, 2023
Deadline to file Plaintiff's motion for class certifications and class expert disclosure
November 21, 2023
Deadline for amended pleadings
November 21, 2023
Reports from Plaintiff's expert witnesses under FCP 26(a)(2) for use in support of class certification
November 21, 2023
Deadline to file Defendant's opposition to Plaintiff's motion for class certification and any objections to Plaintiff's experts
January 24, 2024
Reports from Defendant's expert witnesses under FRCP 26(a)(2)
January 24, 2024
Deadline to file Plaintiff's Reply brief in support of class certification motion and any objection to Defendant's experts
March 8, 2024
Rebuttal reports from Plaintiff's expert witnesses under FRCP 26(a)(2) for use in support of class certification
March 8, 2024
Settlement Conference, if mediation has been requested by the parties per LCR 39.1, held no later than
April 26, 2024
Mediation per LCR 39.1, if requested by the parties, held no later than
May 31, 2024
All other case deadlines, including expert discovery cutoff, last day to file dispositive motion, and trial date will be determined after the Court's issuance of its decision on plaintiff's motion for class certification. Notwithstanding the foregoing, parties may file any dispositive motion early. The Parties are ordered to meet and confer within 21 days of the Court's class certification ruling and submit a joint proposed schedule for the Court's consideration.
IT IS SO ORDERED.