Opinion
2:22-cv-01013-CDS-NJK
04-27-2023
CHRISTINA FENNELL, individually and on behalf of all others similarly situated, Plaintiff, v. NAVIENT SOLUTIONS, LLC, EXPERIAN INFORMATION SOLUTION, INC., AND EQUIFAX INFORMATION SERVICES, LLC, Defendants.
Anthony W. Austin, sq. Kendall M. Lovell, Esq FENNEMORE CRAIG, P.C. K. Elizabeth Sieg Benjamin J. Sitter McGuire Woods LLP
Anthony W. Austin, sq.
Kendall M. Lovell, Esq
FENNEMORE CRAIG, P.C.
K. Elizabeth Sieg
Benjamin J. Sitter
McGuire Woods LLP
ORDER TO EXTEND THE DEADLINES IN THE SCHEDULING ORDER
[SECOND REQUEST]
Christina Fennell (“Plaintiff') and Defendant Navient Solutions, LLC (“Navient”) (collectively, the “Parties”) hereby stipulate to extend the deadlines in the Scheduling Order entered December 12, 2022 (ECF 56) as stated in the Proposed Scheduling Order for the reasons explained herein. In accordance with LR 26-3, this Stipulation and Order to Extend the Deadlines in the Scheduling Order (“Stipulation”) has been brought in good faith, is the second request for an extension of time to the discovery deadlines, and is not intended to cause delay.
I. PROCEDURAL HISTORY AND STATEMENT OF DISCOVERY COMPLETED TO DATE
1. On June 28, 2022, Plaintiff filed her Class Action Complaint. (ECF 1).
2. On August 18, 2022, Navient filed its Answer and Affirmative Defenses. (ECF 19). Navient also filed its Motion to Compel Arbitration on August 18, 2022. (ECF 20, 22).
3 On December 2, 2022, Plaintiff filed her First Amended Class Action Complaint (“Amended Class Action Complaint”), adding Experian Information Solution, Inc. (“Experian”) and Equifax Information Services, LLC (“Equifax”) as Defendants (ECF 50).
4. Navient's submitted its Response to Plaintiffs Amended Class Action Complaint is on December 16, 2022 (ECF 57).
5. Navient submitted a renewed Motion to Compel Arbitration (ECF 66) on January 6, 2023 at the Court's direction following the filing of the Amended Class Action Complaint.
6. The Parties conducted their FRCP 26(f) conference and served their respective FRCP 26(a) disclosures.
7. Plaintiff served written Interrogatories and Requests for Production on October 11, 2022.
8. Plaintiff noticed a 30(b)(6) deposition on October 26, 2022.
9. Navient served written Interrogatories and Requests for Production on November 8, 1 2022.
10. Navient served its written responses to Plaintiffs Interrogatories and Requests for Production on November 18, 2022.
11. Navient served its first production to Plaintiffs Request for Production on December 6, 2022, which included 33,306 pages of documents.
12. Plaintiff served her Responses to Navienf s Request for Production on December 8, 2022.
13. Plaintiff served her first production to Navienfs Request for Production on December 8, 2022, which included 1,027 pages of documents.
14. Plaintiff served amended Responses to Navienf s Interrogatories and Navient's Request for Production on March 10, 2023.
15. Navient produced initial spreadsheets of borrower list information on March 17, 2023.
16. Navient took Plaintiffs deposition on March 28, 2023.
17. Navient served further productions of documents on April 11, 2023 and April 13, 2023, which included 12,720 pages of documents.
II. OUTSTANDING DISCOVERY
1. Navient's document production to Plaintiffs Requests for Production is currently being produced on a rolling basis;
2. A deposition of Navient's 30(b)(6) witness, currently scheduled for May 11,2023.
3. Expert witness discovery; and
4. Evaluation of other discovery that may be needed after Plaintiffs deposition of Navient's 30(b)(6) witness.
III. WHY THE REMAINING DISCOVERY WAS NOT COMPLETED WITHIN THE TIME LIMITS SE I BY THE DISCOVERY PLAN.
Good cause exists to warrant modification of the pending dates in the manner with the enclosed Proposed Scheduling Order. In support, the Parties state as follows:
1. Plaintiff and Navient have been cooperating in discovery and have exchanged tens of thousands of documents and taken a fact deposition.
2. The deposition of Navient's 30(b)(6) witness is scheduled for May 11, 2023
3. Fact discovery is set to end on May 17, 2023 under the current Scheduling Order. Given the time required to analyze the voluminous quantity of documents produced and the potential, for new discovery matters to be identified following the deposition of the Company's 30(b)(6) witness, the Parties require additional time to complete fact discovery' in the case despite the exercise of diligence.
4. The Parties agree that, pending this Court's approval, extension of remaining deadlines is appropriate. As the deadline for fact discovery is approaching, the Parties have agreed to a discovery extension in order to ensure that meaningful discovery is conducted. This requested discovery extension will not move the deadline for dispositive motions or otherwise delay resolution ; of the matters in this case.
5. The Parties have acted in good faith to request this extension and have no intent, nor reason, to delay the resolution of this matter.
IV. PROPOSED SCHEDULING ORDER
For these reasons, the Parties respectfully request that the following deadlines be amended from the December 12, 2022 Scheduling Order, by extending each deadline as follows:
Event
Current Deadline
Proposed Deadline
Fact Discovery Cut-Off
May 17, 2023
July 14, 2023
Initial Experts
June 16, 2023
July 14, 2023
Rebuttal Experts
July 17, 2023
August 17, 2023
Expert Discovery Cut-Off
August 16, 2023
September 16, 2023
Motion for Class Certification
September 15, 2023
October 15, 2023
Response in Opposition to Motion for Class Certification
October 27, 2023
December 1, 2023
Reply In Support of Motion for Class Certification
November 17, 2023
December 22, 2023
Dispositive Motions
February 15, 2024
February 15, 2024
Joint Pretrial Order
March 15, 2024, 30 days after the resolution of dispositive motions, or further Court order
March 15, 2024, 30 days after the resolution of dispositive motions, or further Court order
ORDER
IT IS SO ORDERED.