Opinion
2:23-cv-01391-RSL
10-19-2023
McKENNA DUFFY, individually and on behalf of all others similarly situated, Plaintiff, v. YARDI SYSTEMS, INC., BRIDGE PROPERTY MANAGEMENT, L.C., 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 Steve W. Berman (WSBA No. 12536) Theodore J Wojcik (WSBA No. 55553) Stephanie A Verdoia (WSBA No. 58636) Xiaoyi Fan (WSBA No. 56703) Rio S Pierce (admitted pro hac vice) Attorneys for Plaintiff, MCKENNA DUFFY MATTHEW CARVALHO, ATTORNEY AT LAW, PLLC Matthew Carvalho (WSBA #31201 DEBEVOISE & PLIMPTON LLP Maura K. Monaghan (admitted pro hac vice) Michael Schaper (admitted pro hac vice) Kristin D. Kiehn (admitted pro hac vice) Abraham Tabaie (admitted pro hac vice) Attorneys for Defendant, YARDI SYSTEMS, INC. CORR DOWNS PLLC Jacob M. Downs (WSBA # 37982) ROETZEL & ANDRESS Stephen W. Funk (admitted pro hac vice) Attorneys for Defendant, SUMMIT MANAGEMENT SERVICES, INC. HOLLAND & KNIGHT LLP Kristin Asai (WSBA No. #49511) Kenneth Racowski (pro hac vice forthcoming) Attorneys for Defendant, LEGACY PARTNERS, INC. STOKES LAWRENCE, P.S. Mathew Harrington SPENCER FANE LLP Jessica Nelson (admitted pro hac vice) Donald Heeman (admitted pro hac vice) Attorneys for Defendant, MANCO ABBOTT, INC. CABLE HUSTON LLP Brian S. Epley Jon W. Monso (WSBA No. 43912) Brian S. Epley (WSBA No. 48412) Attorneys for Defendant, DALTON MANAGEMENT, INC. SHOOK, HARDY & BACON L.L.P. Steven Rich (WSBA No. 48444) Ryan Sandrock (admitted pro hac vice) Attorneys for Defendant, LEFEVER MATTSON NORTON ROSE FULBRIGHT U.S. LLP Michael Swarztendruber Attorneys for Defendant, CREEKWOOD PROPERTY CORPORATION PERKINS COIE LLP David A. Perez, WSBA No. 43959 Adrianna Simonelli, WSBA No. 58472 Attorneys for Defendant, HNN ASSOCIATES, LLC VAN KAMPEN & CROWE PLLC Al Van Kampen (WSBA No. 13670) VINSON & ELKINS LLP Michael W. Scarborough (admitted pro hac vice) Dylan I. Ballard (admitted pro hac vice) M. Kevin Costello (admitted pro hac vice) Madison Lo (admitted pro hac vice) Stephen Medlock (admitted pro hac vice) Molly McDonald (admitted pro hac vice) Mackenzie Newman (admitted pro hac vice) Attorneys for Defendant, BRIDGE PROPERTY MANAGEMENT, L.C.
HAGENS BERMAN SOBOL SHAPIRO LLP Steve W. Berman (WSBA No. 12536) Theodore J Wojcik (WSBA No. 55553) Stephanie A Verdoia (WSBA No. 58636) Xiaoyi Fan (WSBA No. 56703) Rio S Pierce (admitted pro hac vice) Attorneys for Plaintiff, MCKENNA DUFFY
MATTHEW CARVALHO, ATTORNEY AT LAW, PLLC Matthew Carvalho (WSBA #31201 DEBEVOISE & PLIMPTON LLP Maura K. Monaghan (admitted pro hac vice) Michael Schaper (admitted pro hac vice) Kristin D. Kiehn (admitted pro hac vice) Abraham Tabaie (admitted pro hac vice) Attorneys for Defendant, YARDI SYSTEMS, INC.
CORR DOWNS PLLC Jacob M. Downs (WSBA # 37982) ROETZEL & ANDRESS Stephen W. Funk (admitted pro hac vice) Attorneys for Defendant, SUMMIT MANAGEMENT SERVICES, INC.
HOLLAND & KNIGHT LLP Kristin Asai (WSBA No. #49511) Kenneth Racowski (pro hac vice forthcoming) Attorneys for Defendant, LEGACY PARTNERS, INC.
STOKES LAWRENCE, P.S. Mathew Harrington SPENCER FANE LLP Jessica Nelson (admitted pro hac vice) Donald Heeman (admitted pro hac vice) Attorneys for Defendant, MANCO ABBOTT, INC.
CABLE HUSTON LLP Brian S. Epley Jon W. Monso (WSBA No. 43912) Brian S. Epley (WSBA No. 48412) Attorneys for Defendant, DALTON MANAGEMENT, INC.
SHOOK, HARDY & BACON L.L.P. Steven Rich (WSBA No. 48444) Ryan Sandrock (admitted pro hac vice) Attorneys for Defendant, LEFEVER MATTSON
NORTON ROSE FULBRIGHT U.S. LLP Michael Swarztendruber Attorneys for Defendant, CREEKWOOD PROPERTY CORPORATION
PERKINS COIE LLP David A. Perez, WSBA No. 43959 Adrianna Simonelli, WSBA No. 58472 Attorneys for Defendant, HNN ASSOCIATES, LLC
VAN KAMPEN & CROWE PLLC Al Van Kampen (WSBA No. 13670) VINSON & ELKINS LLP Michael W. Scarborough (admitted pro hac vice) Dylan I. Ballard (admitted pro hac vice) M. Kevin Costello (admitted pro hac vice) Madison Lo (admitted pro hac vice) Stephen Medlock (admitted pro hac vice) Molly McDonald (admitted pro hac vice) Mackenzie Newman (admitted pro hac vice) Attorneys for Defendant, BRIDGE PROPERTY MANAGEMENT, L.C.
STIPULATED MOTION RE: MOTION TO DISMISS BRIEFING SCHEDULE/PROCEDURE AND RULE 26 DEADLINES
The Honorable Robert S. Lasnik Judge
Pursuant to Local Civil Rules 7(d)(1) and 10(g), Plaintiff McKenna Duffy and Defendants Yardi Systems, Inc. (“Yardi”), Bridge Property Management, L.C. (“Bridge”), 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”), 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 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 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);
Plaintiff has since moved to substitute Defendant Pillar Properties, LLC, for R.D. Merrill Real Estate Holdings, LLC (ECF No. 75).
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 rental market;
4. WHEREAS, on October 3, 2023, the parties filed a Stipulated Motion for Extension of Time to Respond to the Complaint requesting that Defendants' deadline to answer, move to dismiss, or otherwise respond to the Complaint be continued to November 17, 2023 (ECF No. 43);
5. WHEREAS, the Stipulated Motion for Extension of Time to Respond to the Complaint contemplated that the parties would propose a joint briefing procedure and schedule for the Court to consider, which the parties anticipated would 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, (id. ¶ 11);
6. WHEREAS, on October 4, 2023, the Court adopted the Stipulated Motion for Extension of Time to Respond to the Complaint, continued Defendants' deadline to respond to the Complaint to November 17, 2023, and ordered the parties to submit a proposed briefing procedure and schedule by October 18, 2023;
7. WHEREAS, the parties have since conferred telephonically and by electronic mail, and have agreed that party and judicial efficiency would be best served by adopting the briefing schedule and procedure stipulated to below;
8. WHEREAS, the parties do not intend to alter any applicable page limits for any Federal Rule of Civil Procedure (“Rule”) 12 motions that Defendants may choose to bring except for those motions (if any) brought pursuant to Rule 12(b)(6);
9. WHEREAS, on October 6, 2023, the Court set the following dates for initial disclosure and submission of the Joint Status Report and Discovery Plan:
• Deadline for FRCP 26(f) Conference: October 20, 2023
• Initial Disclosures Pursuant to FRCP 26(a)(1): October 27, 2023
• Combined Joint Status Report and Discovery Plan as required by FRCP 26(f): November 3, 2023(ECF No. 59 at 1);
10. WHERAS, the Court ordered the parties to meet and confer before contacting the Court to request an extension of the above Rule 26 deadlines; and
11. WHEREAS, the parties have met and conferred telephonically and by electronic mail regarding the above Rule 26 deadlines and, subject to the Court's approval, have agreed to continue those deadlines for one week, as stipulated to below;
THEREFORE, Plaintiff and Stipulating Defendants STIPULATE AND AGREE that:
Rule 26 Deadlines
The Rule 26 deadlines set by the Court in its order of October 6, 2023 (ECF No. 59 at 1) are continued as follows:
• Deadline for FRCP 26(f) Conference: October 27, 2023
• Initial Disclosures Pursuant to FRCP 26(a)(1): November 3, 2023
• Combined Joint Status Report and Discovery Plan as required by FRCP 26(f): November 10, 2023
Briefing Schedule for Rule 12 Motion(s)
The following briefing schedule will apply to all Rule 12 motion(s) Defendants may choose to bring:
• Deadline to File Motion(s) to Dismiss: November 17, 2023
• Deadline to File Opposition(s): January 26, 2024
• Deadline to File Reply/Replies: February 16, 2024
Briefing Procedure for Rule 12 Motion(s)
The following procedure will govern the parties' motion to dismiss briefing:
• Joint Rule 12(b)(6) Motion: Defendants may file one omnibus 40-page motion to dismiss pursuant to Rule 12(b)(6) on behalf of any Defendant that wishes to join in that motion. Plaintiffs opposition to the joint motion to dismiss is limited to 40 pages. Defendants may file a joint 20-page reply.
• Individual Rule 12(b)(6) Motions: In addition to joining in the joint motion to dismiss, each Defendant may also file an individual Rule 12(b)(6) motion, not to exceed 10 pages. Plaintiff may oppose any such individual motion(s) in
opposition(s) not to exceed 10 pages. For convenience, Plaintiff may file a single opposition collectively addressing all individual 12(b)(6) motions in one filing as opposed to filing an opposition to each Defendant's individual Rule 12(b)(6) motion (if any). In that case, Plaintiff's opposition is limited to the sum of the number of pages Plaintiff would have had to respond if Plaintiff had opposed each motion individually (e.g., if three Defendants submit individual 12(b)(6) motions, Plaintiff may file either three individual oppositions of 10 pages or less or one opposition of 30 pages or less.) Defendants may each have five pages to reply to Plaintiff's opposition(s).
• All Other Rule 12 Motions: All other Rule 12 motions that Defendants may choose to bring will be subject to the applicable page limits provided for by the Civil Local Rules and Federal Rules of Civil Procedure.
STIPULATED to this 18th day of October, 2023.
IT IS SO ORDERED.