Nemykina v. Old Navy LLC

THE HONORABLE BARBARA J. ROTHSTEIN

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE ANNA NEMYKINA, for Herself, as a Private Attorney General, and/or On Behalf No. 2:19-CV-01958-BJR of All Others Similarly Situated, 12 STIPULATED MOTION AND ORDER Plaintiff, TO EXTEND DEADLINE FOR 13 PLAINTIFF TO MOVE FOR CLASS v. CERTIFICATION OLD NAVY, LLC; OLD NAVY NOTE ON MOTION CALENDAR: (APPAREL), LLC; OLD NAVY MAY 27, 2020 HOLDINGS, LLC; GPS SERVICES, INC.; THE GAP, INC.; and DOES 1-25, inclusive, Defendants.

STIPULATION WHEREAS, on December 1, 2019, Plaintiff Anna Nemykina filed this putative class action in this Court (Dkt. 1); WHEREAS, on February 19, 2020, Defendants Old Navy, LLC, et al, filed a Motion to Dismiss Plaintiff’s First Amended Complaint (Dkt. 18); WHEREAS, on April 29, 2020, this Court entered its Order Setting Trial Date & Related Dates (Dkt. 35) in which, among other dates, this Court scheduled the close of discovery to occur on April 21, 2021, the last day to file dispositive motions to be May 21, 2021, and the jury trial to CORR CRONIN LLP commence on October 18, 2021; 2 WHEREAS, Local Civil Rule 23(i)(3) requires that a plaintiff in a class action move for certification of the class within one hundred eighty (180) days of the filing of the Complaint but that “[t]his period may be extended on motion for good cause”; 5 WHEREAS, the Ninth Circuit held that a similar local rule with a bright-line 90-day deadline was incompatible with the flexible standard of Fed. R. Civ. P. 23 (ABS Entertainment, Inc. v. CBS Corp., 908 F.3d 405, 426–427 (9th Cir. 2018)); 8 WHEREAS, Friday, May 29, 2020 is the date which falls one hundred eighty (180) days after the filing of the Complaint; 10 WHEREAS, on May 15, 2020 the Court denied Defendants’ Motion to Dismiss; 11 WHEREAS, Plaintiff is now diligently undertaking discovery, including having served written discovery on Defendants on May 20, 2020; 13 WHEREAS Plaintiff will need additional time to take further discovery, including written discovery, e-discovery, depositions, and possible third-party discovery, which will be required to prepare and file a Motion For Class Certification; 16 WHEREAS, Plaintiff hereby requests an eight-month extension of her deadline to file a Motion For Class Certification such that said motion would be due to be filed on or before February 16, 2021 (a date which falls before the discovery cut-off date and before the dispositive motion filing date); 20 WHEREAS, the Parties agree to further meet and confer and present a briefing schedule to this Court on any Motion for Class Certification to ensure that the Parties have adequate time to complete expert depositions and prepare briefing in support of and in opposition to any Motion for Class Certification; 24 NOW, THEREFORE, Plaintiff Anna Nemykina and Defendants Old Navy LLC, et al, hereby STIPULATE and AGREE that the deadline for Plaintiff to file any Motion for Class Certification should be extended to February 16, 2021.

CORR CRONIN LLP 1 DATED this 27th day of May, 2020.

HATTIS & LUKACS CORR CRONIN LLP s/ Daniel Hattis s/ Emily Harris Daniel Hattis, WSBA No. 50428 Steven W. Fogg, WSBA No. 23528 [email protected] Emily Harris, WSBA No. 35763 400 108th Avenue NE, Suite 500 Bellevue, WA 98004 Tori Ainsworth, WSBA No. 49677 Tel: 425.233.8650 [email protected] Fax: 425.412.7171 [email protected] Attorneys for Plaintiff [email protected] and the Proposed Class 1001 Fourth Avenue, Suite 3900 8 Seattle, WA 98154-1051 206-625-8600 Phone 206-625-0900 Fax 10 Attorneys for Defendants 11 MORGAN, LEWIS & BOCKIUS LLP 12 s/ Joseph Duffy Joseph Duffy (Admitted Pro Hac Vice) 13 [email protected] Morgan, Lewis & Bockius LLP 14 300 South Grand Avenue, Twenty-Second Floor Los Angeles, CA 90071-3132 Tel.: (213) 612-2500 Attorneys for Defendants

CORR CRONIN LLP ORDER Based on the foregoing Stipulated Motion of the parties and good cause shown, it is hereby ordered that the deadline for Plaintiff to file a Motion for Class Certification is extended to February 16, 2021.

DATED this 3rd day of June, 2020.

7 A

B arbara Jacobs Rothstein U .S. District Court Judge Presented by: CORR CRONIN LLP s/ Emily Harris Steven W. Fogg, WSBA No. 23528 Emily Harris, WSBA No. 35763 Tori Ainsworth, WSBA No. 49677 [email protected] [email protected] [email protected] 1001 Fourth Avenue, Suite 3900 Seattle, WA 98154-1051 206-625-8600 Phone 206-625-0900 Fax Attorneys for Defendants HATTIS & LUKACS s/ Daniel Hattis Daniel Hattis, WSBA No. 50428 [email protected] 108th Avenue NE, Suite 500 Bellevue, WA 98004 Tel: 425.233.8650 Fax: 425.412.7171 Attorneys for Plaintiff and the Proposed Class CORR CRONIN LLP