Healy v. Milliman Inc, No. 2:2020cv01473 - Document 201 (W.D. Wash. 2023)
Court Description: ORDER granting Parties' 200 Stipulated MOTION to Extend Trial Date and Related Deadlines. Signed by U.S. District Judge John C. Coughenour. (KRA)
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Healy v. Milliman Inc Doc. 201 THE HONORABLE JOHN C. COUGHENOUR 1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 6 7 JAMES HEALY, on behalf of himself and all 8 others similarly situated, 9 Plaintiff, 10 13 STIPULATED MOTION TO EXTEND TRIAL DATE AND RELATED DEADLINES NOTED FOR CONSIDERATION: DECEMBER 14, 2023 vs. 11 12 Case No. 2:20-cv-01473-JCC MILLIMAN, INC., d/b/a INTELLISCRIPT, Defendant. 14 15 Plaintiff James Healy and Defendant Milliman, Inc. jointly move this Court for entry of an 16 order extending the trial date and related deadlines. Following oral argument on Plaintiff’s 17 motion to modify the class definition and Defendant’s motion for summary judgment and for 18 decertification of the inaccuracy class, the Court ordered supplemental briefing. All pending 19 motions are now noted for January 26, 2024. 20 Given the current pretrial schedule, the parties would have to submit the pretrial order 21 (currently due January 19), jury instructions (currently due January 19), motions in limine 22 (January 25) and other materials before having the benefit of the Court’s decision on the 23 pending motions. In addition, if one or both classes remain, the class administrator will need to 24 send class notice, and class members will need the opportunity to opt out of the classes—the 25 notices call for a 45-day opt-out period. 26 27 STIPULATED MOTION TO EXTEND TRIAL DATE AND RELATED DEADLINES- 1 Case No. 2:20-cv-01473-JCC TERRELL MARSHALL LAW GROUP PLLC 936 North 34th Street, Suite 300 Seattle, Washington 98103-8869 TEL. 206.816.6603 • FAX 206.319.5450 www.terrellmarshall.com Dockets.Justia.com 1 Accordingly, the parties respectfully request to move the trial date and related 2 deadlines. In support of this request, the parties state as follows: 3 1. This is a certified class action. See Dkt. No. 126 (Order Granting in Part and 4 Denying in Part Plaintiff’s Motion for Class Certification). The Court certified a Section 1681e(b) 5 Inaccuracy Class and a Section 1681i Failure to Properly Reinvestigate Class (collectively, 6 “Classes”). 7 2. On May 12, 2023, the Court granted the parties’ stipulated motion to extend the 8 case management deadlines and trial date to provide time for Milliman to produce “priority 9 code indicators” that the Court compelled it to produce. See Dkt. Nos. 161 & 162. 10 3. On July 21, the Court granted the parties’ stipulated motion to extend the 11 deadlines for (1) the parties to complete discovery and expert work related to the priority code 12 data that the Court ordered Milliman to produce; (2) Plaintiff to move to modify the class 13 definition if necessary; and (3) the class action administrator to send notice. 14 4. On September 8, Plaintiff moved to modify the definition of the Inaccuracy Class, 15 with a noting date of September 29. See Dkt. No. 166. Milliman opposed the motion. 16 5. Milliman moved for partial summary judgment and decertification of the 17 Inaccuracy Class on September 21. See Dkt. No. 167. Plaintiff opposed the motion. 18 6. The Court extended the deadline to send class notice again on October 5. See 19 Dkt. No. 173. 20 7. Plaintiff moved for partial summary judgment on November 3. See Dkt. No. 185. 21 Milliman opposed the motion. 22 8. The Court heard oral argument on Plaintiff’s motion to modify the definition of 23 the Inaccuracy Class (Dkt. No. 166) and Milliman’s motion for partial summary judgment and 24 decertification of the Inaccuracy Class (Dkt. No. 167) on December 5. See Dkt. No. 197. 25 9. The Court has since ordered Plaintiff to provide supplemental briefing by January 26 5. Milliman’s response is due January 19. Plaintiff’s reply is due January 26. See Dkt. No. 197. 27 STIPULATED MOTION TO EXTEND TRIAL DATE AND RELATED DEADLINES- 2 Case No. 2:20-cv-01473-JCC TERRELL MARSHALL LAW GROUP PLLC 936 North 34th Street, Suite 300 Seattle, Washington 98103-8869 TEL. 206.816.6603 • FAX 206.319.5450 www.terrellmarshall.com 10. 1 The Court also directed the Clerk to re-note Plaintiff’s motion to modify the 2 Inaccuracy Class definition (Dkt. No. 166), Milliman’s motion for partial summary judgment and 3 decertification of the Inaccuracy Class (Dkt. No. 167), and Plaintiff’s motion for partial summary 4 judgment (Dkt. No. 185) for January 26. See Dkt. No. 197. 11. 5 Under the current Scheduling Order, the parties will need to comply with all trial- 6 related deadlines before, or just after, the January 26 noting date. The proposed pretrial order, 7 proposed jury instructions, and proposed verdict form trial briefs are due on January 19. 8 Motions in limine are due January 25. Trial briefs are due January 29. See Dkt. No. 161. 12. 9 Moreover, notice to the certified classes has not gone out yet. Should one or 10 both classes remain following the Court’s rulings on the pending motions, the class action 11 administrator will need 10 days to do the work needed to send notice. See Dkt. No. 173. 13. 12 If notice goes out to one or both certified classes, class members will have 45 13 days to opt out. See Dkt. Nos. 141-1 to 141-5. 14. 14 If one or both classes remain following the Court’s rulings on motions noted for 15 January 26, trial cannot go forward until the classes receive notice and class members have had 16 the opportunity to opt out. As a result, the February 12 trial date is impractical. 15. 17 Accordingly, the parties respectfully request that the Court enter the following 18 case schedule: 19 Event Current Deadline Proposed Deadline 20 21 22 23 24 25 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 26 27 STIPULATED MOTION TO EXTEND TRIAL DATE AND RELATED DEADLINES- 3 Case No. 2:20-cv-01473-JCC TERRELL MARSHALL LAW GROUP PLLC 936 North 34th Street, Suite 300 Seattle, Washington 98103-8869 TEL. 206.816.6603 • FAX 206.319.5450 www.terrellmarshall.com 1 Deadline to file list of opt outs with Court 14 days from opt out deadline 2 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 January 25, 2024 7 Deadline to file motions in limine (to be filed in a single, joint brief) 7 days from deadline to file proposed pretrial order, proposed jury instructions, and proposed verdict form 8 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 3 4 5 6 9 10 11 12 13 RESPECTFULLY SUBMITTED AND DATED this 14th day of December, 2023. 14 15 TERRELL MARSHALL LAW GROUP PLLC WILLIAMS, KASTNER & GIBBS PLLC 16 By: /s/ Adrienne D. McEntee, WSBA #34061 Beth E. Terrell, WSBA #26759 Email: bterrell@terrellmarshall.com Jennifer Rust Murray, WSBA #36983 Email: jmurray@terrellmarshall.com Adrienne D. McEntee, WSBA # 34061 Email: amcentee@terrellmarshall.com 936 North 34th Street, Suite 300 Seattle, Washington 98103-8869 Telephone: (206) 816-6603 Facsimile: (206) 319-5450 By: /s/ Jeffery M. Wells, WSBA #45840____ Rodney L. Umberger, WSBA #24948 Email: rumberger@williamskastner.com Daniel Brown, WSBA #22028 Email: dbrown@williamskastner.com Jeffery M. Wells, WSBA #45840 Email: jwells@williamskastner.com 601 Union Street, Suite 4100 Seattle, Washington 98101-2380 Telephone: (206) 628-6600 Facsimile: (206) 628-6611 17 18 19 20 21 22 23 24 Attorneys for Defendant 25 26 27 STIPULATED MOTION TO EXTEND TRIAL DATE AND RELATED DEADLINES- 4 Case No. 2:20-cv-01473-JCC TERRELL MARSHALL LAW GROUP PLLC 936 North 34th Street, Suite 300 Seattle, Washington 98103-8869 TEL. 206.816.6603 • FAX 206.319.5450 www.terrellmarshall.com 1 2 3 4 5 6 7 James A. Francis, Admitted Pro Hac Vice Email: jfrancis@consumerlawfirm.com John Soumilas, Admitted Pro Hac Vice Email: jsoumilas@consumerlawfirm.com Lauren KW Brennan, Admitted Pro Hac Vice Email: lbrennan@consumerlawfirm.com FRANCIS MAILMAN SOUMILAS, P.C. 1600 Market Street, Suite 2510 Philadelphia, Pennsylvania 19103 Telephone: (215) 735-8600 Facsimile: (215) 940-8000 8 9 Attorneys for Plaintiff 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 STIPULATED MOTION TO EXTEND TRIAL DATE AND RELATED DEADLINES- 5 Case No. 2:20-cv-01473-JCC TERRELL MARSHALL LAW GROUP PLLC 936 North 34th Street, Suite 300 Seattle, Washington 98103-8869 TEL. 206.816.6603 • FAX 206.319.5450 www.terrellmarshall.com 1 [PROPOSED] ORDER 2 3 4 5 6 IT IS SO ORDERED. DATED this 14th day of December 2023. A 7 8 THE HONORABLE JOHN C. COUGHENOUR 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 STIPULATED MOTION TO EXTEND TRIAL DATE AND RELATED DEADLINES- 6 Case No. 2:20-cv-01473-JCC TERRELL MARSHALL LAW GROUP PLLC 936 North 34th Street, Suite 300 Seattle, Washington 98103-8869 TEL. 206.816.6603 • FAX 206.319.5450 www.terrellmarshall.com
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