Brown v. Transworld Systems Inc et al, No. 2:2020cv00669 - Document 59 (W.D. Wash. 2020)
Court Description: STIPULATION AND ORDER granting Parties' 58 Stipulated Motion: FRCP 26(f) Conference Deadline is 10/15/2020, Initial Disclosure Deadline is 10/29/2020, Joint Status Report due by 11/5/2020. Signed by Judge Robert S. Lasnik.(MW)
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Brown v. Transworld Systems Inc et al Doc. 59 THE HONORABLE ROBERT S. LASNIK 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 9 10 11 OSURE BROWN, on his own behalf and on behalf of other similarly situated persons,, 12 13 Plaintiff, v. 14 TRANSWORLD SYSTEMS, INC., et al., 15 Defendants. 16 Case No. 2:20-cv-00669-RSL STIPULATED MOTION AND [PROPOSED] ORDER TO EXTEND RESPONSIVE PLEADINGS DEADLINES, ADJUST FED. R. CIV. P. 12(b) BRIEFING STRUCTURE, AND CONTINUE INITIAL DISCOVERY DEADLINES NOTE ON MOTION CALENDAR: June 29, 2020 17 18 19 STIPULATION The Parties’ mutually agree to alter various scheduling and initial issues, pursuant to 20 Local Civil Rules 7(d)(1) and 10(g), and for the following reasons, Plaintiff Osure Brown 21 (“Plaintiff”) and Defendants Transworld Systems Inc. (“TSI”), Patenaude & Felix, APC 22 (“P&F), U.S. Bank National Association (“U.S. Bank”), National Collegiate Student Loan 23 Trust 2004-1, National Collegiate Student Loan Trust 2004-2, National Collegiate Student 24 Loan Trust 2005-1, National Collegiate Student Loan Trust 2005-2, National Collegiate 25 Student Loan Trust 2005-3, National Collegiate Student Loan Trust 2006-1, National STIPULATED MOTION AND ORDER TO EXTEND RESPONSIVE PLEADINGS DEADLINES, ADJUST FED.R.CIV.P. 12(b) BRIEFING STRUCTURE, AND CONTINUE INITIAL DISCOVERY DEADLINES (No. 2:20-cv- CORR CRONIN LLP 1001 Fourth Avenue, Suite 3900 Seattle, Washington 98154-1051 Tel (206) 625-8600 Fax (206) 625-0900 Dockets.Justia.com 1 Collegiate Student Loan Trust 2006-2, National Collegiate Student Loan Trust 2007-1, and 2 National Collegiate Student Loan Trust 2007-2 (collectively, “the Trusts,” and together with 3 TSI, P&F, and U.S. Bank, “Defendants”), collectively the “Parties,” hereby stipulate and 4 agree, as follows: 5 1. The Parties stipulate that Defendants’ deadline to answer or otherwise respond 6 to the Amended Complaint (Dkt. No. 56) in the above-referenced action is extended from July 7 9, 2020 to August 6, 2020. No prior requests to extend Defendant’s deadline to answer or 8 otherwise respond to the Amended Complaint have been made. 9 2. The Parties also stipulate that if Defendants file motions pursuant to 10 Fed.R.Civ.P. 12(b) in lieu of an answer on the stipulated responsive pleading deadline of 11 August 6, 2020, Plaintiff shall have until September 10, 2020, to file any oppositions thereto, 12 Defendants shall have until October 1, 2020, to file their replies, and the motions shall be 13 noted for October 2, 2020. No prior requests to alter the timing of briefing on anticipated 14 Rule 12(b) motions to dismiss the Amended Complaint have been made. 15 3. Defendants anticipate filing separate motions to dismiss the Amended 16 Complaint. The Parties stipulate and agree to structure the briefing on Defendants’ 17 anticipated motions to dismiss in accordance with the below. 18 The Parties agree that, in order to avoid needless duplication of arguments, the 19 Defendants shall be permitted to file a joint brief in support of those motions in order to 20 address arguments common to all Defendants. Such joint brief shall not exceed twenty-two 21 (22) double-spaced pages, excluding caption, table of contents, and signature blocks. Each 22 individual Defendant shall also each be permitted to file a separate motion-to-dismiss brief 23 addressing arguments relevant to the individual Defendant. Such individual briefs shall not 24 exceed sixteen (16) double-spaced pages each. Plaintiff’s opposition to the joint brief shall not 25 exceed twenty-two (22) double-spaced pages and the opposition to each individual brief shall STIPULATED MOTION AND ORDER TO EXTEND RESPONSIVE PLEADINGS DEADLINES, ADJUST FED.R.CIV.P. 12(b) BRIEFING STRUCTURE, AND CONTINUE INITIAL DISCOVERY DEADLINES (No. 2:20-cv- CORR CRONIN LLP 1001 Fourth Avenue, Suite 3900 Seattle, Washington 98154-1051 Tel (206) 625-8600 Fax (206) 625-0900 1 not exceed sixteen (16) double-spaced pages. Defendants’ joint reply brief shall not exceed 2 eleven (11) double-spaced pages, and the reply in support of each individual Defendant’s 3 brief shall not exceed eight (8) double-spaced pages. 4 Such a briefing structure will save the Court and the Parties unnecessary time and 5 effort with respect to briefing on overlapping or identical issues. No prior requests to alter the 6 briefing structure of responsive pleadings to the Amended Complaint have been made. 7 4. The Parties also stipulate and agree to continue the deadlines for the Rule 26(f) 8 conference, initial disclosures, and the joint status report as currently set by the Court’s 9 Stipulation and Order to Extend Initial Discovery Deadlines (Dkt. No. 35) subject to the 10 11 limitations and agreement herein. This is the Parties’ second request to extend the initial discovery deadlines. Prior to the 12 Plaintiff’s filing of an Amended Complaint (Dkt. No. 56), the Court has previously extended 13 initial discovery deadlines for initial discovery upon Stipulation of the Parties (Dkt. No. 35.) 14 However, the filing of an Amended Complaint by Plaintiff and the anticipated motions 15 practice in regard to the amended pleading provide good cause to amend the initial discovery 16 dates. The initial discovery dates in the prior order were timed so that the briefing on motions 17 to dismiss were to be completed prior to the initial discovery. Resetting the initial discovery 18 dates so that this occurs again will permit the parties to set forth their claims and defenses 19 prior to the initial discovery occurring, which it is believed will facilitate more complete 20 initial discovery discussions. 21 The parties have entered into this stipulation and agreement to mutually cooperate in 22 the management of this action. In addition, the Defendants have represented by their counsel 23 that they require additional time to analyze the claims and issues presented in Plaintiff’s 24 Amended Complaint (Dkt. No. 56). 25 STIPULATED MOTION AND ORDER TO EXTEND RESPONSIVE PLEADINGS DEADLINES, ADJUST FED.R.CIV.P. 12(b) BRIEFING STRUCTURE, AND CONTINUE INITIAL DISCOVERY DEADLINES (No. 2:20-cv- CORR CRONIN LLP 1001 Fourth Avenue, Suite 3900 Seattle, Washington 98154-1051 Tel (206) 625-8600 Fax (206) 625-0900 1 2 3 Accordingly, the parties hereby stipulate and agree to extend the deadlines set forth in the Stipulation and Order to Extend Initial Discovery Deadlines (Dkt. No. 35) as follows: EVENT SCHEDULED DATE RESCHEDULED DATE 4 5 Deadline for FRCP 26(f) Conference July 31, 2020 October 15, 2020 or 14 days following any Defendant’s reply in support of a timelyfiled Rule 12(b) Motion, whichever is later Deadline for Initial Disclosures August 14, 2020 October 29, 2020, or 14 days following the deadline for FRCP 26(f) Conference, whichever is later Deadline for Joint Status Report and Discovery Plan August 24, 2020 November 5, 2020, or 21 days following the deadline for FRCP 26(f) Conference, whichever is later 6 7 8 9 10 11 12 13 14 In addition, the Parties agree that they may exchange written discovery requests at any 15 time and responses to such written discovery are not due until thirty days after the rescheduled 16 and continued Fed.R.Civ.P. 26(f) conference or at another time as agreed to by the Parties in 17 writing as necessary or appropriate, including any reasonable extensions that may be needed 18 in light of certain issues related to the case and/or COVID-19 orders. Nothing in this 19 agreement concerning discovery waives any objections that the Parties may have to such 20 discovery or any party’s ability to make rolling document productions or responses. 21 The foregoing stipulations do not alter or modify any other rights or responsibilities of the 22 Parties except as stated herein permitted by law or under the Federal Rules of Civil Procedure, or 23 the Local Civil Rules. 24 25 STIPULATED MOTION AND ORDER TO EXTEND RESPONSIVE PLEADINGS DEADLINES, ADJUST FED.R.CIV.P. 12(b) BRIEFING STRUCTURE, AND CONTINUE INITIAL DISCOVERY DEADLINES (No. 2:20-cv- CORR CRONIN LLP 1001 Fourth Avenue, Suite 3900 Seattle, Washington 98154-1051 Tel (206) 625-8600 Fax (206) 625-0900 1 DATED: June 29, 2020. 2 HENRY & DEGRAAFF, P.S. CONSUMER LAW CENTER, LLC 3 By: /s/ Christina L. Henry Christina L. Henry, WSBA No. 31273 787 Maynard Avenue South Seattle, WA 98104 (206) 330-0595 Phone (206) 400-7609 Fax chenry@HDM-legal.com By: /s/ Phillip Robinson Phillip Robinson, Pro Hac Vice 8737 Colesville Road, Suite 308 Silver Spring, MD 20910 (301) 448-1304 Phone phillip@marylandconsumer.com 4 5 6 7 8 9 10 11 12 13 Counsel for Plaintiff Counsel for Plaintiff BORISON FIRM, LLC SESSIONS, FISHMAN, NATHAN & ISRAEL By: /s/ Scott Borison Scott Borison, Pro Hac Vice 1900 S. Norfolk St., Suite 350 San Mateo, CA 94403 (301) 620-1016 Phone (301) 620-1018 Fax scott@borisonfirm.com By: /s/ Bryan C. Shartle Bryan C. Shartle, Pro Hac Vice Justin Homes, Pro Hac Vice Bradley St. Angelo, Pro Hac Vice 3850 North Causeway Boulevard, Suite 200 Metairie, LA 70002 (504) 828-3700 Phone (504) 828-3737 Fax bshartle@sessions.legal jhomes@sessions.legal bstangelo@sessions.legal 14 Counsel for Plaintiff 15 16 Attorneys for Transworld Systems Inc. 17 18 CORR CRONIN LLP JONES DAY 19 By: /s/ Albert J. Rota Albert J. Rota, Pro Hac Vice 2727 North Harwood St., Suite 500 Dallas, TX 75201 (214) 969-3698 Phone (214) 969-5100 Fax ajrota@jonesday.com 24 By: /s/ Emily J. Harris Emily J. Harris, WSBA No. 35763 Benjamin C. Byers, WSBA No. 52299 1001 Fourth Avenue, Suite 3900 Seattle, WA 98154 (206) 625-8600 Phone (206) 625-0900 Fax eharris@corrcronin.com bbyers@corrcronin.com 25 Attorneys for Transworld Systems Inc. 20 21 22 23 Attorneys for U.S. Bank National Association STIPULATED MOTION AND ORDER TO EXTEND RESPONSIVE PLEADINGS DEADLINES, ADJUST FED.R.CIV.P. 12(b) BRIEFING STRUCTURE, AND CONTINUE INITIAL DISCOVERY DEADLINES (No. 2:20-cv- CORR CRONIN LLP 1001 Fourth Avenue, Suite 3900 Seattle, Washington 98154-1051 Tel (206) 625-8600 Fax (206) 625-0900 1 2 3 4 5 6 7 8 9 10 11 12 13 PERKINS COIE LLP LEE SMART, P.S., INC. By: /s/ Kristine E. Kruger Kristine E. Kruger, WSBA No. 44612 1201 Third Avenue, Suite 4900 Seattle, WA 98101 (206) 359-8000 Phone (206) 359.9000 Fax KKruger@perkinscoie.com By: /s/ Marc Rosenberg Marc Rosenberg, WSBA No. 31034 1800 One Convention Place 701 Pike Street, Suite 1800 Seattle, WA 98101 (206) 262-8308 Phone (206) 624-5944 Fax Mr@leesmart.com Attorneys for Defendants U.S. Bank National Association, National Collegiate Student Loan Trust 2004-1, National Collegiate Student Loan Trust 2004-2, National Collegiate Student Loan Trust 2005-1, National Collegiate Student Loan Trust 20052, National Collegiate Student Loan Trust 2005-3, National Collegiate Student Loan Trust 2006-1, National Collegiate Student Loan Trust 2006-2, National Collegiate Student Loan Trust 2007-1, National Collegiate Student Loan Trust 2007-2 Attorneys for Patenaude & Felix, APC 14 15 16 17 18 19 20 21 22 23 24 25 STIPULATED MOTION AND ORDER TO EXTEND RESPONSIVE PLEADINGS DEADLINES, ADJUST FED.R.CIV.P. 12(b) BRIEFING STRUCTURE, AND CONTINUE INITIAL DISCOVERY DEADLINES (No. 2:20-cv- CORR CRONIN LLP 1001 Fourth Avenue, Suite 3900 Seattle, Washington 98154-1051 Tel (206) 625-8600 Fax (206) 625-0900 ORDER 1 2 IT IS SO ORDERED. Accordingly; 3 The Parties’ prior stipulations regarding responding to the initial complaint, briefing 4 on motions to dismiss, and setting initial discovery deadlines are hereby superseded by the 5 provisions in this Order, and this Order controls as to the matters set forth below. Defendants’ deadline to answer or otherwise respond to the Amended Complaint 6 7 (Dkt. No. 56) is extended to August 6, 2020. 8 Should Defendants file motions pursuant to Fed. R. Civ. P. 12(b) in lieu of an answer 9 to the Amended Complaint on the stipulated responsive pleading deadline of August 6, 2020, 10 Plaintiff shall have until September 10, 2020, to file any oppositions thereto, Defendants shall 11 have until October 1, 2020, to file their replies, and the motions shall be noted for October 2, 12 2020. 13 Furthermore in order to avoid needless duplication of arguments, the Defendants shall be 14 permitted to file a joint brief in support of those motions in order to address arguments common to 15 all Defendants. Such joint brief shall not exceed twenty-two (22) double-spaced pages. Each 16 individual Defendant shall also each be permitted to file a separate motion-to-dismiss brief 17 addressing arguments relevant to the individual Defendant. Such individual briefs shall not exceed 18 sixteen (16) double-spaced pages each. Plaintiff’s opposition to the joint brief shall not exceed 19 twenty-two (22) double-spaced pages and the opposition to each individual brief shall not exceed 20 sixteen (16) double-spaced pages. Defendants’ joint reply brief shall not exceed eleven (11) 21 double-spaced pages, and the reply in support of each individual Defendant’s brief shall not 22 exceed eight (8) double-spaced pages. 23 Initial Discovery deadlines are rescheduled, as follows: 24 25 STIPULATED MOTION AND ORDER TO EXTEND RESPONSIVE PLEADINGS DEADLINES, ADJUST FED.R.CIV.P. 12(b) BRIEFING STRUCTURE, AND CONTINUE INITIAL DISCOVERY DEADLINES (No. 2:20-cv- CORR CRONIN LLP 1001 Fourth Avenue, Suite 3900 Seattle, Washington 98154-1051 Tel (206) 625-8600 Fax (206) 625-0900 1 2 3 EVENT SCHEDULED DATE Deadline for FRCP 26(f) Conference July 31, 2020 October 15, 2020 or 14 days following any Defendant’s reply in support of a timelyfiled Rule 12(b) Motion, whichever is later Deadline for Initial Disclosures August 14, 2020 October 29, 2020, or 14 days following the deadline for FRCP 26(f) Conference, whichever is later Deadline for Joint Status Report and Discovery Plan August 24, 2020 November 5, 2020, or 21 days following the deadline for FRCP 26(f) Conference, whichever is later 4 5 6 RESCHEDULED DATE 7 8 9 10 11 12 The extension of the above initial discovery deadlines does not alter or modify any 13 other rights or responsibilities of the Parties except as stated herein permitted by law or under 14 the Federal Rules of Civil Procedure, or the Local Civil Rules. 15 The Parties may exchange written discovery requests at any time and responses to 16 such written discovery are not due until thirty days after the rescheduled and continued 17 Fed.R.Civ.P. 26(f) conference or at another time as agreed to by the Parties in writing as 18 necessary or appropriate, including any reasonable extensions that may be needed in light of 19 certain issues related to the case and/or COVID-19 orders. 20 DATED this 30th day of June, 2020. 21 22 A 23 Robert S. Lasnik United States District Judge 24 25 STIPULATED MOTION AND ORDER TO EXTEND RESPONSIVE PLEADINGS DEADLINES, ADJUST FED.R.CIV.P. 12(b) BRIEFING STRUCTURE, AND CONTINUE INITIAL DISCOVERY DEADLINES (No. 2:20-cv- CORR CRONIN LLP 1001 Fourth Avenue, Suite 3900 Seattle, Washington 98154-1051 Tel (206) 625-8600 Fax (206) 625-0900 1 Presented By: 2 HENRY & DEGRAAFF, P.S. CONSUMER LAW CENTER, LLC 3 By: /s/ Christina L. Henry Christina L. Henry, WSBA No. 31273 787 Maynard Avenue South Seattle, WA 98104 (206) 330-0595 Phone (206) 400-7609 Fax chenry@HDM-legal.com By: /s/ Phillip Robinson Phillip Robinson, Pro Hac Vice 8737 Colesville Road, Suite 308 Silver Spring, MD 20910 (301) 448-1304 Phone phillip@marylandconsumer.com 4 5 6 7 8 9 10 11 12 13 Counsel for Plaintiff Counsel for Plaintiff BORISON FIRM, LLC SESSIONS, FISHMAN, NATHAN & ISRAEL By: /s/ Scott Borison Scott Borison, Pro Hac Vice 1900 S. Norfolk St., Suite 350 San Mateo, CA 94403 (301) 620-1016 Phone (301) 620-1018 Fax scott@borisonfirm.com By: /s/ Bryan C. Shartle Bryan C. Shartle, Pro Hac Vice Justin Homes, Pro Hac Vice Bradley St. Angelo, Pro Hac Vice 3850 North Causeway Boulevard, Suite 200 Metairie, LA 70002 (504) 828-3700 Phone (504) 828-3737 Fax bshartle@sessions.legal jhomes@sessions.legal bstangelo@sessions.legal 14 Counsel for Plaintiff 15 16 Attorneys for Transworld Systems Inc. 17 18 CORR CRONIN LLP JONES DAY 19 By: /s/ Albert J. Rota Albert J. Rota, Pro Hac Vice 2727 North Harwood St., Suite 500 Dallas, TX 75201 (214) 969-3698 Phone (214) 969-5100 Fax ajrota@jonesday.com 24 By: /s/ Emily J. Harris Emily J. Harris, WSBA No. 35763 Benjamin C. Byers, WSBA No. 52299 1001 Fourth Avenue, Suite 3900 Seattle, WA 98154 (206) 625-8600 Phone (206) 625-0900 Fax eharris@corrcronin.com bbyers@corrcronin.com 25 Attorneys for Transworld Systems Inc. 20 21 22 23 Attorneys for U.S. Bank National Association STIPULATED MOTION AND ORDER TO EXTEND RESPONSIVE PLEADINGS DEADLINES, ADJUST FED.R.CIV.P. 12(b) BRIEFING STRUCTURE, AND CONTINUE INITIAL DISCOVERY DEADLINES (No. 2:20-cv- CORR CRONIN LLP 1001 Fourth Avenue, Suite 3900 Seattle, Washington 98154-1051 Tel (206) 625-8600 Fax (206) 625-0900 1 2 3 4 5 6 7 8 9 10 11 12 13 PERKINS COIE LLP LEE SMART, P.S., INC. By: /s/ Kristine E. Kruger Kristine E. Kruger, WSBA No. 44612 1201 Third Avenue, Suite 4900 Seattle, WA 98101 (206) 359-8000 Phone (206) 359.9000 Fax KKruger@perkinscoie.com By: /s/ Marc Rosenberg Marc Rosenberg, WSBA No. 31034 1800 One Convention Place 701 Pike Street, Suite 1800 Seattle, WA 98101 (206) 262-8308 Phone (206) 624-5944 Fax Mr@leesmart.com Attorneys for Defendants U.S. Bank National Association, National Collegiate Student Loan Trust 2004-1, National Collegiate Student Loan Trust 2004-2, National Collegiate Student Loan Trust 2005-1, National Collegiate Student Loan Trust 20052, National Collegiate Student Loan Trust 2005-3, National Collegiate Student Loan Trust 2006-1, National Collegiate Student Loan Trust 2006-2, National Collegiate Student Loan Trust 2007-1, National Collegiate Student Loan Trust 2007-2 Attorneys for Patenaude & Felix, APC 14 15 16 17 18 19 20 21 22 23 24 25 STIPULATED MOTION AND ORDER TO EXTEND RESPONSIVE PLEADINGS DEADLINES, ADJUST FED.R.CIV.P. 12(b) BRIEFING STRUCTURE, AND CONTINUE INITIAL DISCOVERY DEADLINES (No. 2:20-cv- CORR CRONIN LLP 1001 Fourth Avenue, Suite 3900 Seattle, Washington 98154-1051 Tel (206) 625-8600 Fax (206) 625-0900 CERTIFICATE OF SERVICE 1 2 3 4 5 The undersigned certifies as follows: 1. I am employed at Corr Cronin LLP, attorneys for Defendant Transworld Systems Inc. herein. 2. On June 30, 2020, I caused a true and correct copy of the foregoing document to 6 be served with the Clerk of the Court using the CM/ECF system, which will send notification 7 of such filing to all counsel of record. 8 9 10 11 12 I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. DATED: June 30, 2020, at Seattle, Washington. s/ Donna Patterson Donna Patterson 13 14 15 16 17 18 19 20 21 22 23 24 25 STIPULATED MOTION AND ORDER TO EXTEND RESPONSIVE PLEADINGS DEADLINES, ADJUST FED.R.CIV.P. 12(b) BRIEFING STRUCTURE, AND CONTINUE INITIAL DISCOVERY DEADLINES (No. 2:20-cv- CORR CRONIN LLP 1001 Fourth Avenue, Suite 3900 Seattle, Washington 98154-1051 Tel (206) 625-8600 Fax (206) 625-0900
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