Brown v. Transworld Systems Inc

1 THE HONORABLE ROBERT S. LASNIK 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON g AT SEATTLE || TOMMY BROWN, on his own behalf and No. 2:20-cv-00680-RSL on behalf of other similarly situated || persons, STIPULATION AND ORDER TO STAY THIS ACTION EXCEPT FOR PURPOSE Plaintiff, OF CONDUCTING LIMITED JURISDICTIONAL DISCOVERY v. || TRANSWORLD SYSTEMS, INC., et al., 14 Defendants.

17 STIPULATION 18 After the Parties’ meet and confer on June 5, 2020 to discuss various issues related to || Plaintiff's Motion for Extension of Time to File Motion to Remand and Request for Limited || Discovery and several subsequent communications, Plaintiff Tommy Brown (‘Plaintiff’) and || Defendants Transworld Systems Inc. (“TSI”), Patenaude & Felix, APC (“P&F), U.S. Bank || National Association (“U.S. Bank’’), National Collegiate Student Loan Trust 2004-1, National || Collegiate Student Loan Trust 2004-2, National Collegiate Student Loan Trust 2005-1, National || Collegiate Student Loan Trust 2005-2, National Collegiate Student Loan Trust 2005-3, National || Collegiate Student Loan Trust 2006-1, National Collegiate Student Loan Trust 2006-2, National || Collegiate Student Loan Trust 2007-1, and National Collegiate Student Loan Trust 2007-2 Stipulation and Order to Stay This Action Except For Purpose HENRY & DEGRAATF, P.S. of Conducting Limited Jurisdictional Discovery - 1 Spat Wane 38 104 telephone (206) 330-0595 (collectively, “the Trusts,” and together with TSI, P&F, and U.S. Bank, “Defendants”), hereby || stipulate and agree, subject to the Court’s approval, to (A) stay this matter and continue all || deadlines for the purpose of determining (i) whether or not this Court’s limited jurisdiction exists || and (ii) conducting jurisdictional discovery, limited to the specific areas identified below, || concerning the Trusts’ citizenship; and (B) that Plaintiff's Motion for Extension of Time to File || Motion to Remand and Request for Limited Discovery (Dkt. [48]) is withdrawn.

7 Specifically, the Parties agree that, for a period of ninety days from approval of this || Stipulation by the Court, they may seek jurisdictional discovery from Parties and non-parties || identifying the (i) citizenship of the Trusts, (ii) their beneficial owners (as that term is defined by || 12 Del. C. s. 3801), and (iii) the citizenship of all members of any beneficial owners. The Ninth || Circuit has explained that “‘discovery should ordinarily be granted where pertinent facts bearing || on the question of jurisdiction are controverted or where a more satisfactory showing of the facts || is necessary.’ Butcher's Union Local No. 498 y. SDC Inv., Inc., 788 F.2d 535, 540 (9th Cir. 1986) | (citation omitted).” Laub v. U.S. Dep't of Interior, 342 F.3d 1080, 1093 (9th Cir. 2003).

15 The Parties further agree that Plaintiff's deadline to timely move to remand this action, if || necessary, after the jurisdictional discovery is obtained in relation to the Trusts’ citizenship, shall || be extended to September 21, 2020 to move to remand this action to the state court and hereby || stipulate and agree, subject to the Court’s approval, to stay this matter and continue all deadlines || until after the Court has entered an order on any motion to remand that may be subsequently filed || by Plaintiff (or withdrawn as appropriate).

21 By agreeing to this stipulation, the Parties do not waive the right to object to any specific || discovery propounded and the stay of proceedings as described in this stipulation shall not bar the || Parties or any non-party’s right to file any jurisdictional discovery-related motions or seek any || jurisdictional discovery-related relief in relation to the Trusts’ citizenship.

25 DATED: June 17, 2020 Stipulation and Order to Stay This Action Except For Purpose HENRY & DEGRAAFF, P.S. of Conducting Limited Jurisdictional Discovery - 2 SEATTLE, WagtinGron 38 104 telephone (206) 330-0595 HENRY & DEGRAAFF, P.S. CONSUMER LAW CENTER, LLC || By: /s/ Christina L. Henry me = Rape Robinson .

Christina L. Henry, WSBA No. 31273 Phillip Robinson, Pro Hac Vice Maynard Ave S 8737 Colesville Road, Suite 308 4 y Silver Spring, MD 20910 Seattle, WA 98104 [email protected] || Telephone: 206.330.0595 Facsimile: 206.400.7609 Counsel for Plaintiff [email protected] Counsel for Plaintiff BORISON FIRM, LLC SESSIONS, FISHMAN, NATHAN & ISRAEL By: /s/ Scott Borison By: /s/ Bryan C. Shartle, Esq.

10 || Scott Borison, Pro Hac Vice Bryan C. Shartle, Pro Hac Vice 11 1900 S. Norfolk St., Suite 350 Justin Homes, Pro Hac Vice San Mateo, CA 94403 Bradley St. Angelo, Pro Hac Vice || [email protected] 3850 North Causeway Boulevard, Suite 200 Metairie, LA 70002 || Counsel for Plaintiff bshartle@sessions. legal jhomes@sessions. legal 14 bstangelo@sessions. legal 15 Attorneys for Transworld Systems Inc. 16 CORR CRONIN LLP JONES DAY By: /s/ Emily J. Harris By: Albert J. Rota 1g || Emily J. Harris, WSBA No. 35763 Albert J. Rota, Pro Hac Vice Benjamin C. Byers, WSBA No. 52299 2727 North Harwood St. || 1001 Fourth Avenue, Suite 3900 Dallas, TX 75201 Seattle, WA 98154 [email protected] || [email protected] [email protected] Attorneys for U.S. Bank National Association Attorneys for Transworld Systems Inc. Stipulation and Order to Stay This Action Except For Purpose HENRY & DEGRAATF, P.S. of Conducting Limited Jurisdictional Discovery - 3 SEATTLE, WagtinGron 38 104 telephone (206) 330-0595 || PERKINS COIE LLP LEE SMART, P.S., INC. || By: /s/ Kristine E. Kruger 4 : Kristine E. Kruger, WSBA No. 44612 x No. 31034 || Thomas N. Abbott, WSBA No. 53024 APC INOSENDETE: °- 1201 Third Avenue, Suite 4900 1800 One Convention Place |) Seattle, WA 98101 701 Pike St. Telephone: 206.359.8000 Seattle, WA 98101 || Facsimile: 206.359.9000 [email protected] ‘ [email protected] Attorneys for Defendants U.S. Bank National Attorneys for Patenaude & Felix, APC || Association, National Collegiate Student Loan Trust 2004-1, National Collegiate Student || Loan Trust 2004-2, National Collegiate Student Loan Trust 2005-1, National || Collegiate Student Loan Trust 2005-2, National Collegiate Student Loan Trust 2005- || 3, National Collegiate Student Loan Trust 2006-1, National Collegiate Student Loan || Trust 2006-2, National Collegiate Student Loan Trust 2007-1, National Collegiate || Student Loan Trust 2007-2 Stipulation and Order to Stay This Action Except For Purpose HENRY & DEGRAATF, P.S. of Conducting Limited Jurisdictional Discovery - 4 Spat Wane 38 104 telephone (206) 330-0595 ORDER 3 IT ISSO ORDERED. The amended deadlines are as follows: 4 1. Plaintiffs deadline to timely move to remand this action, if necessary, shall be 5 extended to September 21, 2020.

6 2. The Parties may seek limited jurisdictional discovery regarding (1) the citizenship of 7 the Trusts, (11) their beneficial owners (as that term is defined by 12 Del. C. s. 3801), 8 and (111) the citizenship of all members of any beneficial owners.

9 3. Except as to any discovery-related disputes as may arise, this matter is stayed, and all 10 deadlines are continued until after the Court has entered an order on any motion to 1] remand subsequently filed by Plaintiff.

12 DATED this 24th day of June, 2020.

MU S Carmike 15 Honorable Robert S. Lasnik Order to Stay This Action Except For Purpose of HENRY & DEGRAAFF, Conducting Limited Jurisdictional Discovery - 1 sear MAYNARD AVES telephone (206) 330-0595