Opinion
2:21-cv-00533-KKE
10-10-2023
DENNIS E. DAVIS, individually and on behalf of all others similarly situated, Plaintiff, v. SYMETRA LIFE INSURANCE COMPANY, Defendant.
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
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 ORDER
Kymberly K. Evanson, United States District Judge
Pursuant to Local Civil Rules 16(b)(6), Plaintiff Dennis Davis and Defendant Symetra Life Insurance Company jointly and respectfully move this Court to modify the current scheduling orders at ECF No. 54.
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 taken the Plaintiff's deposition and produced requested policy data. Additionally, Symetra has completed its voluminous, agreed-upon ESI production and provided its supplemental interrogatory responses. The Parties have been working cooperatively to push through this phase of this discovery. The Parties have also agreed to conduct a deposition of Symetra pursuant to Rule 30(b)(6). The Parties are currently conferring on the scope of certain topics as well as attempting to reach agreements that may streamline discovery into certain technical topics, like policyholder data. Due to witness availability and with the goal of reaching further agreement on certain 30(b)(6) topics, the Parties propose to conduct the 30(b)(6) deposition in the last week of October or the first week of November. To accommodate this ongoing and upcoming class discovery, the Parties met and conferred and jointly propose modifying the current case schedule to extend the current deadlines by four weeks as follows:
| Event | Current Deadline (ECF 54) | Proposed Deadline |
| Class Discovery completed by this date | Thursday, October 12, 2023 | Thursday, November 09, 2023 |
| Deadline to file Plaintiff's motion for class certifications and class expert disclosure | Tuesday, November 21, 2023 | Tuesday, December 19, 2023 |
| Deadline for amended pleadings | Tuesday, November 21, 2023 | Tuesday, December 19, 2023 |
| Reports from Plaintiff's expert witnesses under FRCP 26(a)(2) for use in support of class certification | Tuesday, November 21, 2023 | Tuesday, December 19, 2023 |
| Deadline to file Defendant's opposition to Plaintiff's motion for class certification and any objections to Plaintiff's experts | Wed., January 24, 2024 | Wed., February 21, 2024 |
| Reports from Defendant's expert witnesses under FRCP 26(a)(2) | Wed., January 24, 2024 | Wed., February 21, 2024 |
| Deadline to file Plaintiff's Reply brief in support of class certification motion and any objection to Defendant's experts | Friday, March 08, 2024 | Friday, April 05, 2024 |
| Rebuttal reports from Plaintiff's expert witnesses under FRCP 26(a)(2) for use in support of class certification | Friday, March 08, 2024 | Friday, April 05, 2024 |
| Settlement Conference, if mediation has been requested by the parties per LCR 39.1, held no later than | Friday, April 26, 2024 | Friday, May 24, 2024 |
| Mediation per LCR 39.1, if requested by the parties, held no later than | Friday, May 31, 2024 | Friday, June 28, 2024 |
It is the expectation of the Parties that the proposed schedule will narrow the issues and discovery remaining, if any, for trial. Accordingly, the Parties respectfully ask that the Court enter the above stipulated schedule.
ORDER
Pursuant to the Parties' joint motion to modify scheduling order, the Parties' joint proposed schedule is adopted, as set forth below.
| Event | Proposed Deadline |
| Class Discovery completed by this date | Thursday, November 09, 2023 |
| Deadline to file Plaintiff's motion for class certifications and class expert disclosure | Tuesday, December 19, 2023 |
| Deadline for amended pleadings | Tuesday, December 19, 2023 |
| Reports from Plaintiff's expert witnesses under FCP 26(a)(2) for use in support of class certification | Tuesday, December 19, 2023 |
| Deadline to file Defendant's opposition to Plaintiff's motion for class certification and any objections to Plaintiff's experts | Wed., February 21, 2024 |
| Reports from Defendant's expert witnesses under FRCP 26(a)(2) | Wed., February 21, 2024 |
| Deadline to file Plaintiff's Reply brief in support of class certification motion and any objection to Defendant's experts | Friday, April 05, 2024 |
| Rebuttal reports from Plaintiff's expert witnesses under FRCP 26(a)(2) for use in support of class certification | Friday, April 05, 2024 |
| Settlement Conference, if mediation has been requested by the parties per LCR 39.1, held no later than | Friday, May 24, 2024 |
| Mediation per LCR 39.1, if requested by the parties, held no later than | Friday, June 28, 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.