Opinion
2:23-cv-01391-RSL
10-04-2023
McKENNA DUFFY, individually and on behalf of all others similarly situated, Plaintiff, v. YARDI SYSTEMS, INC., BRIDGE PROPERTY MANAGEMENT, LLC, CALIBRATE PROPERTY MANAGEMENT LLC, CLEAR PROPERTY MANAGEMENT, LLC, DALTON MANAGEMENT, INC., HNN ASSOCIATES, LLC, LEFEVER MATTSON, MANCO ABBOTT, INC., MORGUARD CORPORATION, SUMMIT MANAGEMENT SERVICES, INC., CREEKWOOD PROPERTY CORPORATION, and LEGACY PARTNERS, INC. Defendants.
HAGENS BERMAN SOBOL SHAPIRO LLP By: Steve W. Berman, Xiaoyi Fan (WSBA No. 56703) Attorneys for Plaintiff, MCKENNA DUFFY MATTHEW CARVALHO, ATTORNEY AT LAW, PLLC By: Matthew Carvalho (WSBA #31201) DEBEVOISE & PLIMPTON LLP Maura K. Monaghan (pro hac vice forthcoming) Michael Schaper (pro hac vice forthcoming) Kristin D. Kiehn (pro hac vice forthcoming) Abraham Tabaie (pro hac vice forthcoming) CORR DOWNS PLLC By: Jacob M. Downs (WSBA # 37982) ROETZEL & ANDRESS Stephen W. Funk (pro hac vice forthcoming) Attorneys for Defendant, SUMMIT MANAGEMENT SERVICES, INC. HOLLAND & KNIGHT LLP By: Kristin Asai (WSBA No. #49511), Kenneth Racowski Attorneys for Defendant, LEGACY PARTNERS, INC. Attorneys for Defendant, HNN ASSOCIATES, LLC SPENCER FANE LLP By: Rob Warzel (WSBA No. 56360), Jessica Nelson (pro hac vice forthcoming) Donald Heeman (pro hac vice forthcoming) Attorneys for Defendant, MANCO ABBOTT, INC. Steve W. Berman (WSBA No. 12536) Theodore J Wojcik (WSBA No. 55553) Stephanie A Verdoia (WSBA No. 58636) Attorneys for Defendant, YARDI SYSTEMS, INC. BYRNES KELLER CROMWELL LLP Jofrey M. McWilliam (WSBA No. 28441) Attorneys for Defendant, CALIBRATE PROPERTY MANAGEMENT LLC CABLE HUSTON LLP Jon W. Monso (WSBA No. 43912) Brian S. Epley (WSBA No. 48412) Attorneys for Defendant, DALTON MANAGEMENT, INC. SHOOK, HARDY & BACON L.L.P. By: Steven Rich (WSBA No. 48444) Ryan Sandrock (pro hac vice forthcoming) Attorneys for Defendant, LEFEVER MATTSON NORTON ROSE FULBRIGHT U.S. LLP Michael Swarztendruber Attorneys for Defendant, CREEKWOOD PROPERTY CORPORATION PERKINS COIE LLP By: David A. Perez, WSBA No. 43959 Elvira Castillo, WSBA No. 43893 Tiffany Lee, WSBA No. 51979 Marten King, WSBA No. 57106, Adrianna Simonelli, WSBA No. 58472 VAN KAMPEN & CROWE PLLC By: Al Van Kampen (WSBA No. 13670) VINSON & ELKINS LLP Michael W. Scarborough (pro hac vice forthcoming) Dylan I. Ballard (pro hac vice forthcoming) M. Kevin Costello (pro hac vice forthcoming Madison Lo (pro hac vice forthcoming) Stephen Medlock (pro hac vice forthcoming Molly McDonald (pro hac vice forthcoming) Mackenzie Newman (pro hac vice forthcoming) Attorneys for Defendant, BRIDGE PROPERTY MANAGEMENT, LLC
HAGENS BERMAN SOBOL SHAPIRO LLP By: Steve W. Berman, Xiaoyi Fan (WSBA No. 56703) Attorneys for Plaintiff, MCKENNA DUFFY
MATTHEW CARVALHO, ATTORNEY AT LAW, PLLC By: Matthew Carvalho (WSBA #31201)
DEBEVOISE & PLIMPTON LLP Maura K. Monaghan (pro hac vice forthcoming) Michael Schaper (pro hac vice forthcoming) Kristin D. Kiehn (pro hac vice forthcoming)
Abraham Tabaie (pro hac vice forthcoming)
CORR DOWNS PLLC By: Jacob M. Downs (WSBA # 37982)
ROETZEL & ANDRESS Stephen W. Funk (pro hac vice forthcoming)
Attorneys for Defendant, SUMMIT MANAGEMENT SERVICES, INC.
HOLLAND & KNIGHT LLP By: Kristin Asai (WSBA No. #49511), Kenneth Racowski Attorneys for Defendant, LEGACY PARTNERS, INC.
Attorneys for Defendant, HNN ASSOCIATES, LLC
SPENCER FANE LLP By: Rob Warzel (WSBA No. 56360), Jessica Nelson (pro hac vice forthcoming) Donald Heeman (pro hac vice forthcoming)
Attorneys for Defendant, MANCO ABBOTT, INC.
Steve W. Berman (WSBA No. 12536) Theodore J Wojcik (WSBA No. 55553) Stephanie A Verdoia (WSBA No. 58636) Attorneys for Defendant, YARDI SYSTEMS, INC.
BYRNES KELLER CROMWELL LLP Jofrey M. McWilliam (WSBA No. 28441) Attorneys for Defendant, CALIBRATE PROPERTY MANAGEMENT LLC
CABLE HUSTON LLP Jon W. Monso (WSBA No. 43912) Brian S. Epley (WSBA No. 48412) Attorneys for Defendant, DALTON MANAGEMENT, INC.
SHOOK, HARDY & BACON L.L.P. By: Steven Rich (WSBA No. 48444) Ryan Sandrock (pro hac vice forthcoming) Attorneys for Defendant, LEFEVER MATTSON
NORTON ROSE FULBRIGHT U.S. LLP Michael Swarztendruber Attorneys for Defendant, CREEKWOOD PROPERTY CORPORATION
PERKINS COIE LLP By: David A. Perez, WSBA No. 43959 Elvira Castillo, WSBA No. 43893 Tiffany Lee, WSBA No. 51979 Marten King, WSBA No. 57106, Adrianna Simonelli, WSBA No. 58472
VAN KAMPEN & CROWE PLLC By: Al Van Kampen (WSBA No. 13670)
VINSON & ELKINS LLP Michael W. Scarborough (pro hac vice forthcoming) Dylan I. Ballard (pro hac vice forthcoming) M. Kevin Costello (pro hac vice forthcoming Madison Lo (pro hac vice forthcoming)
Stephen Medlock (pro hac vice forthcoming Molly McDonald (pro hac vice forthcoming)
Mackenzie Newman (pro hac vice forthcoming) Attorneys for Defendant, BRIDGE PROPERTY MANAGEMENT, LLC
STIPULATED MOTION FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT AND ORDER
ROBERT S. LASNIK, UNITED STATES DISTRICT JUDGE
Pursuant to Local Civil Rules 7(d)(1), 7(j), and 10(g), Plaintiff McKenna Duffy and Defendants Yardi Systems, Inc. (“Yardi”), Bridge Property Management, LLC (“Bridge”), Calibrate Property Management, LLC (“Calibrate”), Dalton Management, Inc. (“Dalton”), LeFever Mattson (“LeFever”), Legacy Partners, Inc. (“Legacy”), HNN Associates, LLC (“HNN”), Manco Abbott, Inc. (“Manco”), and Summit Management Services, Inc. (“Summit”), (collectively, “Stipulating Defendants,” and with Plaintiff, the “Stipulating Parties”), by and through their respective counsel, hereby stipulate as follows:
Defendant Creekwood Property Corporation (“Creekwood”) is in the process of engaging local counsel. Creekwood's attorneys have agreed to abide by this stipulation regarding their answer date and expect to make an appearance as soon as local counsel is engaged.
1. WHERAS, Plaintiff filed the Class Action Complaint (the “Complaint”) against all Defendants in the above captioned action on September 8, 2023;
2. WHEREAS, Plaintiff served Stipulating Defendants with the Complaint on or around September 14, 15, and 18, 2023;
3. WHEREAS, the Complaint asserts two claims under Section 1 of the Sherman Act based on the alleged use of Yardi's software for the multifamily leasing market;
4. WHEREAS, Plaintiff voluntarily dismissed their claims, without prejudice, against non-Stipulating Defendants Jones Lang LaSalle Incorporated and Pillar Properties LLC on September 25, 2023 (ECF Nos. 36-37);
5. WHEREAS, Plaintiff and Stipulating Defendants are not aware whether nonStipulating Defendants Morguard Corporation and Clear Property Management LLC are yet represented by counsel and, in any event, have not yet connected with counsel;
6. WHEREAS, under Federal Rule of Civil Procedure (“Rule”) 12(a)(1)(A)(i), the current deadline to answer, move to dismiss, or otherwise respond to the Complaint is October 5 as to Stipulating Defendants Yardi, HNN, LeFever, and Legacy, October 6 as to Stipulating Defendants Bridge, Dalton, and Summit, and October 9 as to Stipulating Defendants Calibrate and Manco;
7. WHEREAS, under Rule 12(a)(1)(A)(ii), Defendant Creekwood's deadline to answer, move to dismiss, or otherwise respond to the Complaint is on or around November 20, 2023, because on September 19, 2023, Creekwood waived service;
8. WHEREAS, Plaintiff and Stipulating Defendants have conferred telephonically and by electronic mail, and have agreed that party and judicial efficiency would be best served by continuing the deadline for all Defendants to answer, move to dismiss, or otherwise respond to the Complaint to November 17, 2023;
9. WHEREAS, continuing all Defendants' deadline to answer, move to dismiss, or otherwise respond to the Complaint to November 17, 2023, would not prejudice any party because this case is in its early stages, no substantive filings have been made, and no schedule has been entered;
10. WHEREAS, the Stipulating Parties do not intend via this Stipulated Motion to shorten any Defendant's time to answer, move to dismiss, or otherwise respond to the Complaint. To the extent any current or future Defendant has a deadline to respond to the Complaint under Rule 12(a)(1) that falls after November 17, 2023, those deadlines will remain the same and such Defendants (if any) may answer, move to dismiss, or respond to the Complaint consistent with their Rule 12(a)(1) obligations after November 17, 2023; and
11. WHEREAS, the Stipulating Parties plan to meet and confer to propose a joint briefing procedure and schedule for the Court to consider within fourteen days of the entry of the proposed order, which the Stipulating Parties anticipate will provide for the filing of one oversized joint motion to dismiss addressing issues and arguments common to all Defendants and undersized motions to dismiss for each Defendant that wishes to make arguments unique to them.
THEREFORE, Plaintiff and Stipulating Defendants STIPULATE AND AGREE that:
The deadline for all Defendants to answer, move to dismiss, or otherwise respond to Plaintiff's Complaint is continued to November 17, 2023. This stipulation shall not shorten any Defendant's time to answer, move to dismiss, or otherwise respond to the Complaint to the extent any current or future Defendant's deadline under the Federal Rules of Civil Procedure to respond to the Complaint falls after November 17, 2023.
The parties will meet and confer to discuss a joint briefing schedule and page limits for any joint and/or individual motions to dismiss that Defendants anticipate filing in connection with the Complaint. The parties will submit their proposed briefing schedule to the Court within 14 days of the entry of the order adopting this stipulation and, to the extent agreement cannot be reached, the parties will identify any outstanding areas of disagreement and each party's position.