Paunovic et al v. OBI Seafoods LLC et al, No. 2:2021cv00884 - Document 221 (W.D. Wash. 2023)
Court Description: ORDER granting Parties' 218 Stipulated MOTION to Extend Deadlines and Trial Date. The Court sets the following new schedule: 8-day Bench Trial is set for 7/22/2024 at 9:00 AM before Judge Marsha J. Pechman. Notice to the Court regarding set tlement discussions due 3 days after scheduled mediation, Response briefs to cross-motions for partial summary judgment due 14 days after scheduled mediation, Reply briefs to cross-motions for partial summary judgment due 7 days after the deadline to file response briefs, Motions in Limine due 6/17/2024, Agreed pretrial order due 7/9/2024, Trial briefs and Proposed Findings of Fact and Conclusions of Law due 7/9/2024, Pretrial Conference set for 7/16/2024, at 1:00 PM before Judge Marsha J. Pechman. Signed by Judge Marsha J. Pechman. (KRA)
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Paunovic et al v. OBI Seafoods LLC et al Doc. 221 THE HONORABLE MARSHA J. PECHMAN 1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 6 7 MARIJA PAUNOVIC and DUSAN PAUNOVIC, individually and on behalf of all 8 others similarly situated, 9 NO. 2:21-cv-00884-MJP STIPULATED MOTION AND [PROPOSED] ORDER TO EXTEND DEADLINES AND TRIAL DATE Plaintiffs, 10 v. 11 OBI SEAFOODS LLC, an Alaska corporation, and OCEAN BEAUTY SEAFOODS LLC, an 13 Alaska corporation, NOTED FOR CONSIDERATION: DECEMBER 8, 2023 12 Defendants. 14 15 I. 16 17 INTRODUCTION The parties, by and through their counsel, hereby jointly stipulate and move to extend the 18 Court’s consideration of their cross-motions for partial summary judgment, to extend the briefing 19 deadlines associated with those motions, and to extend the April 22, 2024, trial date in this 20 matter three months to allow the parties an opportunity to resolve this litigation through 21 mediation. Such additional time is also necessary for the notice administrator to send class notice 22 after a lengthy delay in obtaining H-2B workers’ mailing addresses from third parties. II. 23 BACKGROUND 24 A. Class Notice 25 On September 9, 2022, the Court certified the Pay Delay Class and the Quarantine Class 26 and ordered Plaintiffs to present a proposed notice plan within twenty-one days. ECF No. 135 at 27 STIPULATED MOTION AND [PROPOSED] ORDER TO EXTEND DEADLINES AND TRIAL DATE - 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 20. On September 30, 2022, Plaintiffs filed their proposed class notice plan. ECF No. 152. 2 Defendants opposed the plan, arguing that the proposed notice misrepresented the scope of the 3 Quarantine Class because it included workers at former Icicle Seafoods plants. ECF No. 157. 4 The Court ordered further briefing on this issue, ECF No. 162, and on February 9, 2023, ordered 5 that workers at former Icicle Seafoods plants starting on June 1, 2020, be included in the 6 Quarantine Class and receive notice. ECF No. 175. 7 Through rolling productions over the following months, Defendants produced multiple 8 Excel spreadsheets that combined to create a unified class list from which settlement 9 administrator, SSI Settlement Services, would send notice to members of the Classes. However, 10 in compiling this list, SSI and Class Counsel discovered that 420 Class members (nearly 20 11 percent of the Quarantine Class) had the same mailing address to a recruiting company in 12 Maryland called United Work and Travel (UWT), through which Defendants recruited H-2B 13 workers from outside the United States. Defendants approached UWT in September to obtain 14 direct residential mailing addresses for these workers, but UWT refused to provide them. 15 Defendants prepared a subpoena to force production of these addresses, but UWT agreed to 16 comply without the subpoena being served. UWT produced the addresses in October, which 17 were served on Class Counsel and thereafter sent to SSI. 18 On October 25, 2023, non-party Icicle Seafoods produced contact information for 19 hundreds of Class members who had worked at former Icicle Seafoods plants, and for whom 20 Defendants did not maintain records. Upon review, Class Counsel discovered that the addresses 21 for 312 of these Class members also had mailing addresses to UWT in Maryland. Class Counsel 22 immediately notified Icicle Seafoods’ counsel who agreed to obtain the direct mailing addresses 23 and produce them to Class Counsel. On December 1, Icicle Seafoods produced 153 of these 24 addresses but has been unable to obtain the remaining 159 from UWT. Icicle Seafoods’ counsel 25 has told Class Counsel that the remainder will be produced but has not provided a time frame. 26 Once these final addresses are obtained from UWT, SSI will send class notice. There will 27 then be a 60-day notice period for members of the Classes to opt-out or object. Following this STIPULATED MOTION AND [PROPOSED] ORDER TO EXTEND DEADLINES AND TRIAL DATE - 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 period, Plaintiffs’ damages expert will need to update his report to reflect anyone who has opted 2 out of one or both Classes before trial. 3 B. Mediation 4 While the parties have periodically discussed the possibility of resolving this litigation 5 through mediation, those discussions failed to gain traction. However, on November 6, 6 Defendant OBI Seafoods announced that its CEO, Mark Palmer, and CFO, Anthony Ross, would 7 be retiring from the company. Following this change in leadership, the parties again broached the 8 possibility of settlement, and on November 21, agreed for the first time to pursue resolution of 9 the case through mediation. The parties are currently working to find a mediator agreeable to the 10 parties and to schedule mediation at the earliest possible date, likely late January or early 11 February. 12 C. Cross-Motions for Partial Summary Judgment 13 On November 22, Plaintiffs filed a motion for partial summary judgment seeking to strike 14 seven of Defendants’ affirmative defenses. ECF No. 213. On the same date, Defendants filed a 15 motion seeking partial summary judgment as to Plaintiffs’ quarantine claim. ECF No. 215. The 16 response deadline for these cross-motions is December 11, and reply briefs are due December 17 15. Both motions are noted for consideration on December 15. III. 18 19 ARGUMENT The Court’s scheduling order may be amended for good cause. Fed. R. Civ. P. 16(b)(4); 20 Doe v. Trump, No. 2:17-CV-00178-JLR, 2017 WL 1378504, at *1 (W.D. Wash. Apr. 11, 2017); 21 see also Dkt. No. 22 at 3 (“The Court will alter these dates only upon good cause shown[.]”). 22 The Court’s scheduling order may be modified “if it cannot reasonably be met despite the 23 diligence of the party seeking” the modification. Johnson v. Mammoth Recreations, Inc., 975 24 F.2d 604, 609 (9th Cir. 1992) (quoting Fed. R. Civ. P. 16 advisory committee notes (1983 25 amendment)). 26 There is good cause to extend the Court’s consideration of their cross-motions for partial 27 summary judgment and extend the response and reply deadlines associated with those motions STIPULATED MOTION AND [PROPOSED] ORDER TO EXTEND DEADLINES AND TRIAL DATE - 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 pending mediation, and to extend the trial date in this matter three months to July 22. For the first 2 time in this lengthy and contentious litigation, the parties have a promising opportunity to 3 resolve Plaintiffs’ classwide claims through the use of a mediator. While previous attempts to 4 explore resolution through direct negotiation were unsuccessful, the recent change in 5 Defendants’ corporate leadership brings a new prospect that this case can be resolved before the 6 parties and the Court are required to do so at trial. Because of this new prospect, there is also 7 good cause to extend the briefing deadlines and consideration of the parties’ cross-motions for 8 partial summary judgment. Doing so would allow the parties to focus their energy on mediation 9 and would allow the Court to conserve judicial resources. 10 Finally, an extension of the trial date would allow adequate time for UWT to produce the 11 last remaining addresses for H-2B workers; for SSI to administer class notice; and for the 60-day 12 opt-out and objection period to pass. Even if UWT produces the remaining addresses in the 13 coming days and SSI is able to verify addresses, prepare the mailing, and get notice out within a 14 short time thereafter, the notice deadline would fall at the end of February, leaving very little 15 time for Plaintiffs’ damages expert and the parties to adjust to the changing Classes before trial. 16 The parties propose to notify the Court regarding the outcome of settlement discussions 17 within three days of the set mediation date. If settlement discussions are unsuccessful, the parties 18 will file their response briefs to their cross-motions for summary judgment within fourteen days 19 and file their reply briefs within seven days thereafter, noting the motions for consideration on 20 the same date. 21 Given these circumstances, the Parties agree and stipulate, subject to the Court’s 22 approval, to amend the scheduling order as follows: 23 24 25 26 27 STIPULATED MOTION AND [PROPOSED] ORDER TO EXTEND DEADLINES AND TRIAL DATE - 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 Event Original Deadline Proposed Deadline N/A 3 days after scheduled mediation Response briefs to cross-motions for partial summary judgment due (if settlement discussions fail) December 11, 2023 14 days after scheduled mediation Reply briefs to cross-motions for partial summary judgment due (if settlement discussions fail) December 15, 2023 7 days after the deadline to file response briefs March 21, 2024 June 20, 2024 Agreed pretrial order due April 9, 2024 July 9, 2024 11 Trial briefs and Proposed Findings of Fact and Conclusions of Law April 9, 2024 July 9, 2024 12 Pretrial Conference April 16, 2024, at Time TBD by Court July 16, 2024, at Time TBD by Court Trial Length 8 days 8 days Bench Trial April 22, 2024, at 9:00 AM July 22, 2024, at 9:00 AM 1 2 3 4 5 6 7 8 9 10 13 14 Notice to the Court regarding settlement discussions due All motions in limine must be filed by and noted on the motion calendar no earlier than the third Friday thereafter and no later than the Friday before the pretrial conference 15 16 17 STIPULATED TO AND DATED this 11th day of December, 2023. TERRELL MARSHALL LAW GROUP PLLC LITTLER MENDELSON, P.C. 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 Eric R. Nusser, WSBA #51513 Email: eric@terrellmarshall.com Jasmin Rezaie-Tirabadi, WSBA #60285 Email: jrezaie@terrellmarshall.com 936 North 34th Street, Suite 300 Seattle, Washington 98103 Telephone: (206) 816-6603 By: /s/Rebecca Schach, WSBA #58018 Douglas E. Smith, WSBA #17319 Email: desmith@littler.com Rebecca Schach, WSBA #58018 Email: rschach@littler.com Derek Bishop, WSBA #39363 Email: debishop@littler.com One Union Square 600 University Street, Suite 3200 Seattle, Washington 98101 Telephone: (206) 623-3300 18 19 20 21 22 23 24 25 26 Attorneys for Defendants OBI Seafoods, LLC and Ocean Beauty Seafoods LLC 27 STIPULATED MOTION AND [PROPOSED] ORDER TO EXTEND DEADLINES AND TRIAL DATE - 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 3 Tamara Kenworthey, Admitted Pro Hac Vice Email: tkenworthey@kenwortheylaw.com KENWORTHEY LAW PLLC 137 Fifth Avenue, 9th Floor New York, New York 10010 Telephone: (718) 344-5746 4 5 Attorneys for Plaintiffs 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 [PROPOSED] ORDER TO EXTEND DEADLINES AND TRIAL DATE - 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 IV. 1 2 ORDER After reviewing the files and records herein, and the Court having been fully advised, and 3 for good cause shown, the Court hereby GRANTS the parties’ Stipulated Motion to Extend 4 Deadlines and Trial Date and sets the following new schedule: 5 6 7 8 9 10 11 12 13 Event Original Deadline New Deadline N/A 3 days after scheduled mediation Response briefs to cross-motions for partial summary judgment due (if settlement discussions fail) December 11, 2023 14 days after scheduled mediation Reply briefs to cross-motions for partial summary judgment due (if settlement discussions fail) December 15, 2023 7 days after the deadline to file response briefs March 21, 2024 June 17, 2024 Notice to the Court regarding settlement discussions due All motions in limine must be filed by and noted on the motion calendar no earlier than the third Friday thereafter and no later than the Friday before the pretrial conference 14 Agreed pretrial order due April 9, 2024 July 9, 2024 15 Trial briefs and Proposed Findings of Fact and Conclusions of Law April 9, 2024 July 9, 2024 April 16, 2024, at Time TBD by Court July 16, 2024, at 1:00 PM 16 17 Pretrial Conference 18 Trial Length 8 days 8 days 19 Bench Trial April 22, 2024, at 9:00 AM July 22, 2024, at 9:00 AM 20 21 22 IT IS SO ORDERED. DATED this 11th day of December, 2023. 23 25 A 26 Marsha J. Pechman United States Senior District Judge 24 27 STIPULATED MOTION AND [PROPOSED] ORDER TO EXTEND DEADLINES AND TRIAL DATE - 7 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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