Opinion
2:23-cv-01455-TL
12-29-2023
RANDY SHIELDS, Plaintiff, v. FRED MEYER STORES INC., Defendant.
BERRY & BECKETT, PLLP Guy Beckett, WSBA No. 14939 Counsel for Plaintiff and the Proposed Class DAVIS WRIGHT TREMAINE LLP Fred Burnside, WSBA No. 32491 Caleah N. Whitten, WSBA No.60209 Counsel for Defendant
BERRY & BECKETT, PLLP Guy Beckett, WSBA No. 14939 Counsel for Plaintiff and the Proposed Class
DAVIS WRIGHT TREMAINE LLP Fred Burnside, WSBA No. 32491 Caleah N. Whitten, WSBA No.60209 Counsel for Defendant
STIPULATED MOTION AND [PROPOSED] ORDER AMENDING BRIEFING SCHEDULE FOR MOTION TO DISMISS
THE HONORABLE TANA LIN UNITED STATES DISTRICT COURT JUDGE
Plaintiff Randy Shields and Defendant Fred Meyer Stores Inc. jointly move the Court to enter the following Order amending the briefing schedule for Defendant's motion to dismiss. In support of this Stipulated Motion, the Parties state the following:
1. On November 1, 2023, the Parties previously stipulated (under Judge Lin's Standing Order for All Civil Cases) to extend the briefing schedule (Dkt. 9).
2. On November 3, 2023, the Clerk provided notice of re-setting deadlines per the Parties' stipulation allowing Defendant to Respond to the Complaint by a Rule 12 motion on November 17, 2023 and Plaintiff to have until December 8, 2023 to file a response to Defendant's Motion to Dismiss or file an Amended Complaint.
3. After the Clerk's notice, the Parties continued to discuss methods of avoiding Defendant's Rule 12 motion, including exchanging informal discovery. To enable Defendant's additional factual investigation, Plaintiff consented to allow Defendant until November 22, 2023 to file its Rule 12 motion.
4. In lieu of an opposition to Defendant's Rule 12 motion, Plaintiff filed an Amended Complaint, the response to which is set at December 28, 2023, per the Federal Rules of Civil Procedure.
5. Because December 28 falls within the holidays, the Parties have conferred about a new briefing schedule that allows Defendant to review and respond to the Amended Complaint. As an accommodation for the extension for filing the motion and the holidays, the Parties stipulate to the following modest amendment of the Rule 12 briefing schedule:
Event
Due Date
Defendant's Rule 12 motion or Answer
January 22, 2024
Plaintiff's opposition to Defendant's motion or amended complaint
March 1, 2024
If Plaintiff opposes, Defendant's reply to Rule 12 motion and noting date for motion
March 15, 2024
6. For the foregoing reasons, the Parties jointly respectfully request that the Court enter an Order setting forth the above amended briefing schedule for the Rule 12 motion filed concurrently today.
[PROPOSED] ORDER
The parties jointly moved the Court for an amended briefing schedule for Defendant's motion to dismiss. The briefing deadlines are hereby reset for the following dates:
Event
Due Date
Defendant's Rule 12 motion or Answer
January 22, 2024
Plaintiff's opposition to Defendant's motion or amended complaint
March 1, 2024
If Plaintiff opposes, Defendant's reply to Rule 12 motion and noting date for motion
March 15, 2024
IT IS SO ORDERED.