Paunovic et al v. OBI Seafoods LLC et al, No. 2:2021cv00884 - Document 42 (W.D. Wash. 2022)
Court Description: ORDER granting Parties' 39 Stipulated MOTION to Extend Deadline for Plaintiffs' Motion for Class Certification. IT IS HEREBY ORDERED THAT the current deadlines regarding the motion for class certification are extended by 60 days, such tha t the motion is now due on 5/24/2022, the response is due 6/21/2022, and the reply is due 7/5/2022. IT IS FURTHER ORDERED that the current deadline for discovery motions is extended to 7/15/2022, and the deadline for completion of discovery is extended to 8/31/2022. Signed by Judge Marsha J. Pechman. (SB)
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Paunovic et al v. OBI Seafoods LLC et al Doc. 42 THE HONORABLE MARSHA J. PECHMAN 1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 6 7 8 MARIJA PAUNOVIC and DUSAN PAUNOVIC, individually and on behalf of all others similarly situated, 9 11 12 13 14 STIPULATED MOTION AND ORDER TO EXTEND DEADLINE FOR PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION Plaintiffs, 10 NO. 2:21-cv-00884-MJP v. NOTED FOR CONSIDERATION: MARCH 16, 2022 OBI SEAFOODS LLC, an Alaska corporation, and OCEAN BEAUTY SEAFOODS LLC, an Alaska corporation, Defendants. 15 16 17 18 I. STIPULATION On March 7, 2022, the Parties filed a stipulated motion under LCR 7(d)(1) and LCR 19 10(g) to extend the scheduling deadlines in this matter by 60 days from the Court’s decision on 20 the motion for conditional certification. The purpose of the motion was primarily to allow the 21 Parties to resolve certain discovery disputes before the motion for class certification deadline. 22 The Court denied that motion without prejudice on March 11, 2022, ruling that more details were 23 necessary to justify the change and noting that no discovery motions had yet been filed. Dkt. 38. 24 This stipulated motion adds details about the nature of the discovery issues, notifies the Court 25 that at least one discovery motion will be filed by March 18, 2022, and narrows the Parties’ 26 request to a 60-day adjustment of the class certification deadlines and a shorter adjustment to the 27 deadlines for discovery related motions and discovery. STIPULATED MOTION AND ORDER TO EXTEND DEADLINE FOR PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION - 1 CASE NO. 2:21-cv-00884-MJP 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 On October 22, 2021, Defendants moved to transfer this case to the District of Alaska 2 contending that, among other things, if discovery proceeded while the case remained in the 3 District of Washington that Defendants would incur unfair and unnecessary costs. Dkt. 20 at 15. 4 The Court denied that motion on December 27, 2021. Dkt. 27. 5 On January 4, 2022, Plaintiffs served Defendants with discovery requests pursuant to 6 Rules 33 and 34 of the Federal Rules of Civil Procedure. Defendants requested and received 7 from Plaintiffs a two week extension of time to respond. In this same period, the Parties briefed 8 Plaintiffs’ motion for conditional certification of an FLSA collective, filed February 14, 2021. 9 On February 18, 2021, Defendants provided their written responses to discovery. 10 Among other things, Plaintiffs sought discovery Plaintiffs maintain is relevant to class 11 certification, including: the number of fish processing employees at different worksites; the 12 number of fish processing employees who were not paid on a biweekly basis one or more times 13 within the relevant class period; the reasons for the differences in employee pay periods; the 14 contents and degree of standardization of Defendants’ employment agreements; Defendants’ 15 written policies concerning quarantine compensation and pay periods; and timekeeping and 16 payment records. 17 Defendants have not yet produced any documents beyond initial disclosures and objected 18 to answering Plaintiffs’ interrogatories that seek information related to the proposed class. 19 Defendants contend that discovery relevant to proposed class members other than Plaintiffs is 20 premature before a class is certified. On March 8, 2022, Plaintiffs sent Defendants a lengthy 21 deficiency letter challenging ten aspects of Defendants’ written responses, including assertions 22 that general objections are categorically improper and that discovery about absent class members 23 prior to class certification is not premature. Plaintiffs also noticed the Rule 30(b)(6) depositions 24 of both Defendants for March 16, 2022, and designated more than 45 topics for examination for 25 each deposition. Defendants raised concerns about the proposed timing and scope of the 26 depositions as noticed including a lack of at least 14 days’ advance notice for the depositions. 27 STIPULATED MOTION AND ORDER TO EXTEND DEADLINE FOR PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION - 2 CASE NO. 2:21-cv-00884-MJP 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 The Parties engaged in some preliminary conferral efforts by email between March 8–11, 2 2022, and counsel for the Parties met by video conference at the earliest mutually possible time, 3 which was March 15, 2022. They conferred at length about the discovery. The Parties made 4 progress on the issues in dispute regarding the initial scope of the proposed depositions, 5 including a preferred alternative schedule to enable a mutually convenient timing for the 6 depositions, but could not reach agreement as to Plaintiffs’ demands that Defendants withdraw 7 their general objections and class-based discovery objections. The Parties agreed to revisit the 8 remaining issues concerning specific objections and production timelines on March 16, 2022, 9 and again as necessary on March 17, 2022, to determine whether any of those matters can be 10 resolved without the Court’s intervention. 11 Accordingly, Plaintiffs intend to move by Friday, March 18, 2022, to compel Defendants 12 to withdraw their general objections (to the extent continued conferrals do not resolve this issue) 13 and objections to producing discovery Plaintiffs maintain is relevant to proposed class members 14 before a class is certified, and to ask the Court to compel them to produce the documents and 15 answer the interrogatories withheld pursuant to those objections. That motion may also include 16 other topics if the Parties are unable to resolve them before Plaintiffs file their motion. 17 18 Plaintiffs do not yet have all of the discovery relevant to that motion to which they believe they are entitled and will be unable to obtain it prior to March 25, 2022. 19 Additionally, the Court’s resolution of the motion for conditional certification may 20 resolve or narrow other disputes in this case - potentially mooting some disputes over class 21 discovery and the scope of the proposed depositions, resolving issues related to the Parties’ 22 disputes over class certification, and potentially aligning the timelines for any decertification 23 motion by Defendants and the motion for class certification by Plaintiffs. 24 The Parties anticipate that it will be necessary to adjust other deadlines in response to this 25 change depending upon how discovery proceeds, the outcome of the Plaintiffs’ motion for class 26 certification and any other motion practice by the Parties. But consistent with the Court’s recent 27 Order (Dkt. 38) and in order to avoid disrupting the entire case schedule unless and until it STIPULATED MOTION AND ORDER TO EXTEND DEADLINE FOR PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION - 3 CASE NO. 2:21-cv-00884-MJP 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 proves necessary, they have narrowed their present request to seek an adjustment of only the 2 class certification briefing schedule and discovery related deadlines. Nothing herein should be 3 construed as a waiver by either Party to seek additional adjustments to these deadlines or others 4 in the case schedule. 5 6 Given these circumstances, the Parties agree and stipulate, subject to the Court’s approval, to an extension as follows: 7 CURRENT DEADLINE Deadline for Plaintiffs to File their Motion March 25, 2022 for Class Certification NEW DEADLINE May 24, 2022 Deadline for Defendants’ Response to the April 22, 2022 Motion for Class Certification June 21, 2022 13 Deadline for Plaintiffs’ Reply to the Motion May 6, 2022 for Class Certification July 5, 2022 14 Deadline for Discovery Related Motions June 8, 2022 July 15, 2022 Deadline for Discovery July 8, 2022 August 31, 2022 8 9 EVENT 10 11 12 15 16 17 18 19 RESPECTFULLY SUBMITTED AND DATED this 16th day of March, 2022. 20 TERRELL MARSHALL LAW GROUP PLLC LITTLER MENDELSON P.C. 21 By: /s/Toby J. Marshall, WSBA #32726 Toby J. Marshall, WSBA #32726 Email: tmarshall@terrellmarshall.com Ryan Tack-Hooper, WSBA #56423 Email: rtack-hooper@terrellmarshall.com 936 North 34th Street, Suite 300 Seattle, Washington 98103-8869 Telephone: (206) 816-6603 Facsimile: (206) 319-5450 By: /s/ Renea I. Saade, WSBA #30044 Renea I. Saade, WSBA #30044 Email: rsaade@littler.com 500 L Street, Suite 201 Anchorage, Alaska 99501 Telephone: (907) 561-1214 Facsimile: (907) 561-1215 22 23 24 25 26 27 STIPULATED MOTION AND ORDER TO EXTEND DEADLINE FOR PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION - 4 CASE NO. 2:21-cv-00884-MJP 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 3 Tamara Kenworthey, Admitted Pro Hac Vice Email: tkenworthey@kenwortheylaw.com 137 Fifth Avenue, 9th Floor New York, New York 10010 Telephone: (718) 344-5746 4 Attorneys for Plaintiffs 1 2 5 Douglas E. Smith, WSBA #17319 Email: desmith@littler.com LITTLER MENDELSON, P.C. One Union Square 600 University Street, Suite 3200 Seattle, WA 98101.3122 Telephone: (206) 623-3300 Facsimile: (206) 447-6965 Attorneys for Defendants OBI Seafoods, LLC and Ocean Beauty Seafoods LLC 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 STIPULATED MOTION AND ORDER TO EXTEND DEADLINE FOR PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION - 5 CASE NO. 2:21-cv-00884-MJP 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 II. ORDER Based on the foregoing parties’ stipulation and for good cause, IT IS HEREBY 3 ORDERED THAT the current deadlines regarding the motion for class certification are extended 4 by 60 days, such that the motion is now due on May 24, 2022, the response is due June 21, 2022, 5 and the reply is due July 5, 2022. IT IS FURTHER ORDERED that the current deadline for 6 discovery motions is extended to July 15, 2022, and the deadline for completion of discovery is 7 extended to August 31, 2022. 8 9 Dated this 24th day of March, 2022. 10 11 12 13 A Marsha J. Pechman United States Senior District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 STIPULATED MOTION AND ORDER TO EXTEND DEADLINE FOR PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION - 6 CASE NO. 2:21-cv-00884-MJP 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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