Davis v. Symetra Life Insurance Company, No. 2:2021cv00533 - Document 57 (W.D. Wash. 2023)
Court Description: ORDER granting Parties' 56 Stipulated MOTION to Modify Scheduling Order. Class Discovery completed by 11/9/2023, Deadline to file Plaintiffs motion for class certifications and class expert disclosure is 12/19/2023, Amended Pleadings due by 12 /19/2023, Plaintiff's Expert Witness Reports under FRCP 26(a)(2) due by 12/19/2023, Defendant's Expert Witness Reports under FRCP 26(a)(2) due by 2/21/2024, Settlement Conference held no later than 5/24/2024, 39.1 mediation to be completed by 6/28/2024. The Parties are ordered to meet and confer within 21 days of the Court's class certification ruling and submit a joint proposed schedule for the Court's consideration. Signed by District Judge Kymberly K. Evanson. (SB)
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Davis v. Symetra Life Insurance Company Doc. 57 Case 2:21-cv-00533-KKE Document 57 Filed 10/10/23 Page 1 of 6 Hon. Kymberly K. Evanson 1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 9 DENNIS E. DAVIS, individually and on behalf of all others similarly situated, Case No. 2:21-cv-00533-KKE 10 Plaintiff, 11 12 13 14 v. STIPULATION AND JOINT MOTION TO MODIFY SCHEDULING ORDER AND ORDER SYMETRA LIFE INSURANCE COMPANY, Noted on Motion Calendar: 10/10/2023 Defendant. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DENNIS E. DAVIS V. SYMETRA LIFE INSURANCE COMPANY No. 2:21-cv-00533-KKE [Stip. & Joint Mot. to Modify Scheduling Order] – Page 1 TOUSLEY BRAIN STEPHENS PLLC 1200 Fifth Avenue, Suite 1700 Seattle, Washington 98101 Dockets.Justia.com Case 2:21-cv-00533-KKE Document 57 Filed 10/10/23 Page 2 of 6 1 Pursuant to Local Civil Rules 16(b)(6), Plaintiff Dennis Davis and Defendant Symetra Life 2 Insurance Company jointly and respectfully move this Court to modify the current scheduling 3 orders at ECF No. 54. 4 Good cause exists for the modification and the Parties respectively request the Court 5 consider the following modifications to the case schedule. The Parties are diligently pursuing 6 discovery and completed rounds of written discovery and document production. Symetra has taken 7 the Plaintiff’s deposition and produced requested policy data. Additionally, Symetra has 8 completed its voluminous, agreed-upon ESI production and provided its supplemental 9 interrogatory responses. The Parties have been working cooperatively to push through this phase 10 of this discovery. The Parties have also agreed to conduct a deposition of Symetra pursuant to Rule 11 30(b)(6). The Parties are currently conferring on the scope of certain topics as well as attempting 12 to reach agreements that may streamline discovery into certain technical topics, like policyholder 13 data. Due to witness availability and with the goal of reaching further agreement on certain 14 30(b)(6) topics, the Parties propose to conduct the 30(b)(6) deposition in the last week of October 15 or the first week of November. To accommodate this ongoing and upcoming class discovery, the 16 Parties met and conferred and jointly propose modifying the current case schedule to extend the 17 current deadlines by four weeks as follows: Event Current Deadline (ECF 54) Proposed Deadline Class Discovery completed Thursday, October 12, 2023 Thursday, November 09, 2023 by this date Deadline to file Plaintiff’s motion for class Tuesday, November 21, 2023 Tuesday, December 19, 2023 certifications and class expert disclosure Deadline for amended Tuesday, November 21, 2023 Tuesday, December 19, 2023 pleadings 18 19 20 21 22 23 24 25 Reports from Plaintiff’s expert witnesses under FRCP 26(a)(2) for use in support of class certification Tuesday, November 21, 2023 Tuesday, December 19, 2023 26 27 28 DENNIS E. DAVIS V. SYMETRA LIFE INSURANCE COMPANY No. 2:21-cv-00533-KKE [Stip. & Joint Mot. to Modify Scheduling Order] – Page 2 TOUSLEY BRAIN STEPHENS PLLC 1200 Fifth Avenue, Suite 1700 Seattle, Washington 98101 Case 2:21-cv-00533-KKE Document 57 Filed 10/10/23 Page 3 of 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Event Deadline to file Defendant’s opposition to Plaintiff’s motion for class certification and any objections to Plaintiff’s experts Reports from Defendant’s expert witnesses under FRCP 26(a)(2) Current Deadline (ECF 54) Deadline to file Plaintiff’s Reply brief in support of class certification motion and any objection to Defendant’s experts Rebuttal reports from Plaintiff’s expert witnesses under FRCP 26(a)(2) for use in support of class certification Settlement Conference, if mediation has been requested by the parties per LCR 39.1, held no later than Mediation per LCR 39.1, if requested by the parties, held no later than Proposed Deadline Wed., January 24, 2024 Wed., February 21, 2024 Wed., January 24, 2024 Wed., February 21, 2024 Friday, March 08, 2024 Friday, April 05, 2024 Friday, March 08, 2024 Friday, April 05, 2024 Friday, April 26, 2024 Friday, May 24, 2024 Friday, May 31, 2024 Friday, June 28, 2024 17 18 19 20 It is the expectation of the Parties that the proposed schedule will narrow the issues and discovery remaining, if any, for trial. Accordingly, the Parties respectfully ask that the Court enter the above stipulated schedule. 21 22 23 24 25 26 27 28 DENNIS E. DAVIS V. SYMETRA LIFE INSURANCE COMPANY No. 2:21-cv-00533-KKE [Stip. & Joint Mot. to Modify Scheduling Order] – Page 3 TOUSLEY BRAIN STEPHENS PLLC 1200 Fifth Avenue, Suite 1700 Seattle, Washington 98101 Case 2:21-cv-00533-KKE Document 57 Filed 10/10/23 Page 4 of 6 1 2 Dated this 9th day of October, 2023 3 4 5 6 7 8 9 10 11 12 13 14 15 16 TOUSLEY BRAIN STEPHENS PLLC By: /s/ Kim D. Stephens, P.S. Kim D. Stephens, P.S., WSBA #11984 Rebecca L. Solomon, WSBA #51520 1200 Fifth Avenue, Suite 1700 Seattle, Washington 98101 Tel: 206-682-5600 Fax: 206-682-2992 kstephens@tousley.com rsolomon@tousley.com STUEVE SIEGEL HANSON LLP Patrick J. Stueve (admitted pro hac vice) Lindsay Todd Perkins (admitted pro hac vice) Ethan M. Lange (admitted pro hac vice) David A. Hickey (admitted pro hac vice) 460 Nichols Road Ste. 200 Kansas City, MO 64112 Tel: 816-714-7100 Fax: 816-714-7101 siegel@stuevesiegel.com perkins@stuevesiegel.com lange@stuevesiegel.com hickey@stuevesiegel.com 22 MILLER SCHIRGER, LLC John J. Schirger (admitted pro hac vice) Matthew W. Lytle (admitted pro hac vice) Joseph M. Feierabend (admitted pro hac vice) MILLER SCHIRGER, LLC 4520 Main Street Ste. 1570 Kansas City, MO 64111 Tel: 816-561-6500 Fax: 816-561-6501 jschirger@millerschirger.com mlytle@millerschirger.com jfeierabend@millerschirger.com 23 Counsel for Plaintiff Dennis E. Davis 17 18 19 20 21 WILLKIE FARR & GALLAHER LLP By: /s/ Laura Geist Laura Geist, pro hac vice Willkie Farr & Gallagher LLP One Front Street San Francisco, CA 94111 Tel: (415) 858-7400 Fax: (415) 858-7599 Email: lgeist@willkie.com Medora A. Marisseau, WSBA No. 23114 Karr Tuttle Campbell 701 Fifth Ave., Ste. 3300 Seattle, WA 98104 Tel: (206) 223-1313 Fax: (206) 682-7100 Email: mmarisseau@karrtuttle.com Attorney for Defendant SYMETRA LIFE INSURANCE COMPANY 24 25 26 27 28 DENNIS E. DAVIS V. SYMETRA LIFE INSURANCE COMPANY No. 2:21-cv-00533-KKE [Stip. & Joint Mot. to Modify Scheduling Order] – Page 4 TOUSLEY BRAIN STEPHENS PLLC 1200 Fifth Avenue, Suite 1700 Seattle, Washington 98101 Case 2:21-cv-00533-KKE Document 57 Filed 10/10/23 Page 5 of 6 1 2 3 4 5 6 7 8 ORDER Pursuant to the Parties’ joint motion to modify scheduling order, the Parties’ joint proposed schedule is adopted, as set forth below. Event Class Discovery completed by this date Proposed Deadline Thursday, November 09, 2023 Deadline to file Plaintiff’s motion for class certifications and class expert disclosure Tuesday, December 19, 2023 Deadline for amended pleadings Tuesday, December 19, 2023 Reports from Plaintiff’s expert witnesses under FCP 26(a)(2) for use in support of class certification Tuesday, December 19, 2023 Deadline to file Defendant’s opposition to Plaintiff’s motion for class certification and any objections to Plaintiff’s experts Wed., February 21, 2024 Reports from Defendant’s expert witnesses under FRCP 26(a)(2) Wed., February 21, 2024 Deadline to file Plaintiff’s Reply brief in support of class certification motion and any objection to Defendant’s experts Friday, April 05, 2024 Rebuttal reports from Plaintiff’s expert witnesses under FRCP 26(a)(2) for use in support of class certification Friday, April 05, 2024 Settlement Conference, if mediation has been requested by the parties per LCR 39.1, held no later than Friday, May 24, 2024 Mediation per LCR 39.1, if requested by the parties, held no later than Friday, June 28, 2024 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DENNIS E. DAVIS V. SYMETRA LIFE INSURANCE COMPANY No. 2:21-cv-00533-KKE [Stip. & Joint Mot. to Modify Scheduling Order] – Page 5 TOUSLEY BRAIN STEPHENS PLLC 1200 Fifth Avenue, Suite 1700 Seattle, Washington 98101 Case 2:21-cv-00533-KKE Document 57 Filed 10/10/23 Page 6 of 6 1 2 3 4 5 6 All other case deadlines, including expert discovery cutoff, last day to file dispositive motion, and trial date will be determined after the Court’s issuance of its decision on plaintiff’s motion for class certification. Notwithstanding the foregoing, parties may file any dispositive motion early. The Parties are ordered to meet and confer within 21 days of the Court’s class certification ruling and submit a joint proposed schedule for the Court’s consideration. 7 8 9 IT IS SO ORDERED. 10 11 Dated this 10th day of October 2023 12 13 14 15 A Kymberly K. Evanson United States District Judge 16 17 18 19 20 21 22 23 24 25 26 27 28 DENNIS E. DAVIS V. SYMETRA LIFE INSURANCE COMPANY No. 2:21-cv-00533-KKE [Stip. & Joint Mot. to Modify Scheduling Order] – Page 6 TOUSLEY BRAIN STEPHENS PLLC 1200 Fifth Avenue, Suite 1700 Seattle, Washington 98101
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