Opinion
2:20-cv-01473-JCC
12-14-2023
JAMES HEALY, on behalf of himself and all others similarly situated, Plaintiff, v. MILLIMAN, INC., d/b/a INTELLISCRIPT, Defendant.
TERRELL MARSHALL LAW GROUP PLLC Adrienne D. McEntee, WSBA #34061 Beth E. Terrell, WSBA #26759 Jennifer Rust Murray, WSBA #36983 James A. Francis, Admitted Pro Hac Vice John Soumilas, Admitted Pro Hac Vice Lauren KW Brennan, Admitted Pro Hac Vice FRANCIS MAILMAN SOUMILAS, P.C. Attorneys for Plaintiff WILLIAMS, KASTNER & GIBBS PLLC Jeffery M. Wells, WSBA #45840 Rodney L. Umberger, WSBA #24948 Daniel Brown, WSBA #22028 Jeffery M. Wells, WSBA #45840 Attorneys for Defendant
NOTED FOR CONSIDERATION: DECEMBER 14, 2023
TERRELL MARSHALL LAW GROUP PLLC
Adrienne D. McEntee, WSBA #34061
Beth E. Terrell, WSBA #26759
Jennifer Rust Murray, WSBA #36983
James A. Francis, Admitted Pro Hac Vice
John Soumilas, Admitted Pro Hac Vice
Lauren KW Brennan, Admitted Pro Hac Vice
FRANCIS MAILMAN SOUMILAS, P.C.
Attorneys for Plaintiff
WILLIAMS, KASTNER & GIBBS PLLC
Jeffery M. Wells, WSBA #45840
Rodney L. Umberger, WSBA #24948
Daniel Brown, WSBA #22028
Jeffery M. Wells, WSBA #45840
Attorneys for Defendant
STIPULATED MOTION TO EXTEND TRIAL DATE AND RELATED DEADLINES
THE HONORABLE JOHN C. COUGHENOUR, Judge.
Plaintiff James Healy and Defendant Milliman, Inc. jointly move this Court for entry of an order extending the trial date and related deadlines. Following oral argument on Plaintiff's motion to modify the class definition and Defendant's motion for summary judgment and for decertification of the inaccuracy class, the Court ordered supplemental briefing. All pending motions are now noted for January 26, 2024.
Given the current pretrial schedule, the parties would have to submit the pretrial order (currently due January 19), jury instructions (currently due January 19), motions in limine (January 25) and other materials before having the benefit of the Court's decision on the pending motions. In addition, if one or both classes remain, the class administrator will need to send class notice, and class members will need the opportunity to opt out of the classes-the notices call for a 45-day opt-out period.
Accordingly, the parties respectfully request to move the trial date and related deadlines. In support of this request, the parties state as follows:
1. This is a certified class action. See Dkt. No. 126 (Order Granting in Part and Denying in Part Plaintiff's Motion for Class Certification). The Court certified a Section 1681e(b) Inaccuracy Class and a Section 1681i Failure to Properly Reinvestigate Class (collectively, “Classes”).
2. On May 12, 2023, the Court granted the parties' stipulated motion to extend the case management deadlines and trial date to provide time for Milliman to produce “priority code indicators” that the Court compelled it to produce. See Dkt. Nos. 161 & 162.
3. On July 21, the Court granted the parties' stipulated motion to extend the deadlines for (1) the parties to complete discovery and expert work related to the priority code data that the Court ordered Milliman to produce; (2) Plaintiff to move to modify the class definition if necessary; and (3) the class action administrator to send notice.
4. On September 8, Plaintiff moved to modify the definition of the Inaccuracy Class, with a noting date of September 29. See Dkt. No. 166. Milliman opposed the motion.
5. Milliman moved for partial summary judgment and decertification of the Inaccuracy Class on September 21. See Dkt. No. 167. Plaintiff opposed the motion.
6. The Court extended the deadline to send class notice again on October 5. See Dkt. No. 173.
7. Plaintiff moved for partial summary judgment on November 3. See Dkt. No. 185. Milliman opposed the motion.
8. The Court heard oral argument on Plaintiff's motion to modify the definition of the Inaccuracy Class (Dkt. No. 166) and Milliman's motion for partial summary judgment and decertification of the Inaccuracy Class (Dkt. No. 167) on December 5. See Dkt. No. 197.
9. The Court has since ordered Plaintiff to provide supplemental briefing by January 5. Milliman's response is due January 19. Plaintiff's reply is due January 26. See Dkt. No. 197.
10. The Court also directed the Clerk to re-note Plaintiff's motion to modify the Inaccuracy Class definition (Dkt. No. 166), Milliman's motion for partial summary judgment and decertification of the Inaccuracy Class (Dkt. No. 167), and Plaintiff's motion for partial summary judgment (Dkt. No. 185) for January 26. See Dkt. No. 197.
11. Under the current Scheduling Order, the parties will need to comply with all trial-related deadlines before, or just after, the January 26 noting date. The proposed pretrial order, proposed jury instructions, and proposed verdict form trial briefs are due on January 19. Motions in limine are due January 25. Trial briefs are due January 29. See Dkt. No. 161.
12. Moreover, notice to the certified classes has not gone out yet. Should one or both classes remain following the Court's rulings on the pending motions, the class action administrator will need 10 days to do the work needed to send notice. See Dkt. No. 173.
13. If notice goes out to one or both certified classes, class members will have 45 days to opt out. See Dkt. Nos. 141-1 to 141-5.
14. If one or both classes remain following the Court's rulings on motions noted for January 26, trial cannot go forward until the classes receive notice and class members have had the opportunity to opt out. As a result, the February 12 trial date is impractical.
15. Accordingly, the parties respectfully request that the Court enter the following case schedule:
Event
Current Deadline
Proposed Deadline
Deadline for the parties to propose changes to class notice
10 days from order on pending motions
Administrator sends notice after performing reverse lookups for email addresses and performing an NCOA update
10 days from order on proposal to change class notice
Deadline to opt out of class
45 days from class notice mailing
Deadline to file list of opt outs with Court
14 days from opt out deadline
Deadline to file proposed pretrial order, proposed jury instructions, and proposed verdict form
January 19, 2024
30 days from deadline to file list of opt outs
Deadline to file motions in limine (to be filed in a single, joint brief)
January 25, 2024
7 days from deadline to file proposed pretrial order, proposed jury instructions, and proposed verdict form
Deadline for trial briefs
January 29, 2024
5 days from deadline to file motions in limine
Trial (ten days)
February 12, 2024 at (or at the court's convenience)
14 days from deadline to file trial briefs
[PROPOSED] ORDER
IT IS SO ORDERED.