Opinion
2:21-cv-01571-BJR
07-12-2023
COOPER MOORE and ANDREW GILLETTE, on their own behalf and on behalf of all others similarly situated, Plaintiffs, v. ROBINHOOD FINANCIAL LLC, a Delaware limited liability company, Defendant.
Beth E. Terrell, WSBA #26759 Jennifer Rust Murray, WSBA #36983 BERGER MONTAGUE PC Sophia M. Rios, Admitted Pro Hac Vice E. Michelle Drake, Admitted Pro Hac Vice Mark Desanto, Admitted Pro Hac Vice Zachary Vaughan, Admitted Pro Hac Vice Attorneys for Plaintiffs Kenneth E. Payson, WSBA #26369 Lauren B. Rainwater, WSBA #43625 Eric A. Franz, WSBA #52755 Theo A. Lesczynski, WSBA #59780 Attorneys for Defendant
Beth E. Terrell, WSBA #26759 Jennifer Rust Murray, WSBA #36983 BERGER MONTAGUE PC Sophia M. Rios, Admitted Pro Hac Vice E. Michelle Drake, Admitted Pro Hac Vice Mark Desanto, Admitted Pro Hac Vice Zachary Vaughan, Admitted Pro Hac Vice Attorneys for Plaintiffs
Kenneth E. Payson, WSBA #26369 Lauren B. Rainwater, WSBA #43625 Eric A. Franz, WSBA #52755 Theo A. Lesczynski, WSBA #59780 Attorneys for Defendant
STIPULATED MOTION AND ORDER EXTENDING DEADLINES
HONORABLE BARBARA J. ROTHSTEIN UNITED STATES DISTRICT JUDGE
I. STIPULATED MOTION
1. On January 26, 2023, the Court entered its Order Setting Case Schedule (ECF No. 69), outlining the deadlines for the case through trial.
2. On April 18, 2023, the Court entered an Order granting the parties' stipulated motion for an extension of the deadlines set in the January 26, 2023 scheduling order (ECF No. 74).
3. The parties continue to diligently conduct discovery. Both sides have been working to make document productions, provide supplemental written responses, and conduct discovery with relevant third parties. Robinhood has deposed the two non-parties who sent the allegedly illegal texts to Plaintiffs. Plaintiffs have served a Federal Rule of Civil Procedure 30(b)(6) deposition notice and the parties have been discussing deposition scheduling.
4. The current deadline to complete class certification fact discovery is July 28, 2023. On July 7, 2023, and as Defendant proposed in response to Plaintiffs' data-related Requests for Production, Defendant produced an anonymized data set. Due to the parties' negotiations over search terms and other issues related to document collection, Defendant will need additional time to complete its document production with enough remaining time in the case schedule for the parties to complete depositions after all documents are produced, as Plaintiffs have requested. Defendant is currently reviewing email, Drive, and Slack documents that it collected according to search terms the parties agreed upon on May 25, 2023. Defendant believes it can, and will make all reasonable efforts to, produce these documents by August 4, 2023.
5. The parties also are considering private mediation and have agreed to an October 31, 2023 deadline to complete private mediation.
6. The parties believe that minor adjustments to the current case schedule's class certification fact and expert discovery deadlines will allow the parties to expeditiously complete class certification fact discovery without delaying the current class certification briefing schedule or the trial date.
7. Therefore, the parties stipulate and agree to the following proposed extended schedule, subject to the Court's approval:
Event
Current Date
Requested Date
Plaintiffs' expert report(s) served on defendant
August 21, 2023
August 28, 2023
Deadline for class certification fact discovery
July 28, 2023
September 15, 2023
Defendant's expert report(s) served on plaintiffs
September 25, 2023
October 2, 2023
Plaintiffs' rebuttal expert report(s) served on Defendant
November 7, 2023
November 14, 2023
Deadline for the parties to engage in private mediation
n/a
October 31, 2023
Deadline to complete class certification expert discovery
November 21, 2023
December 1, 2023
Deadline for Plaintiffs to file motion for class certification
January 10, 2024
No change
Deadline for Defendant's class certification response
February 7, 2024
No change
Deadline for Plaintiffs' class certification reply
February 28, 2024
No change
Fact discovery cut off
September 23, 2024
No change
Disclosure of expert testimony under FRCP 26(a)(2)
October 25, 2024
No change
Expert discovery cutoff
November 22, 2024
No change
Dispositive motion deadline (including motions regarding experts)
January 24, 2025
No change
Based on the foregoing, the parties respectfully request that the Court grant their motion and extend the case schedule accordingly.
II. ORDER
The Court GRANTS the parties' stipulated motion.
IT IS SO ORDERED