Williams v. PillPack LLC

THE HONORABLE DAVID G. ESTUDILLO

UNITED STATES DISTRICT COURT 6 WESTERN DISTRICT OF WASHINGTON AARON WILLIAMS, on behalf of himself and all others similarly situated, Case No. 3:19-cv-05282-DGE 9 Plaintiff, STIPULATED ORDER TO EXTEND DEADLINE FOR PLAINTIFF TO 10 vs. FILE FEE PETITION PILLPACK LLC, Defendant.

1 13 4

I. STIPULATION Plaintiff Aaron Williams respectfully requests that the Court grant him a short six-day extension of time to file his motion for an award of attorneys’ fees, costs, and a service award.

PillPack does not oppose this request. In support of this motion, Williams states: 1. This is a certified class action lawsuit. The Court preliminarily approved the parties’ proposed class settlement and entered a schedule for final approval. Dkt. 342 (Preliminary Approval Order).

2. The preliminary approval order provided, “All briefs, memoranda, petitions, and affidavits to be filed in support of an individual award to the Class Representative and in support of Class Counsel’s application for fees, costs and expenses, shall be filed with the Court no later than thirty (30) days prior to the Opt Out & Objections Deadline.” Dkt. 342 (Preliminary Approval Order) at 23:16-19. Based on the Settlement Agreement, that date was calculated to be November 15, 2024.

1 3. The parties subsequently asked the Court to adjust certain settlement-related deadlines and the Court granted the parties’ request. See Dkt. 345. However, the parties did not ask the Court to adjust the deadline for Plaintiff to file his fee application. Id. at 3:4-6. That deadline remained November 15, 2024.

5 4. Plaintiff needs a short, six-day extension to complete his fee application. Plaintiff proposes that he file his fee application and post the papers on the settlement website on November 21, 2024, which is the date that notice will be sent to the class.

8 5. With the new deadline, Settlement Class members will have 60 days to review Plaintiff’s fee application before the deadline to opt out or object to the settlement.

10 6. With the new deadline, the settlement will remain in compliance with Rule 23(h) and In re Mercury Interactive Corp. Sec. Litig., 618 F.3d 988, 994, 995 (9th Cir. 2010), which require the district court to ensure that class members be provided with a full and fair opportunity to contest class counsel’s fee motion.

14 Accordingly, Plaintiff respectfully requests that he be granted a short extension to November 21, 2024 to file his application for an award of fees, costs, expenses, and a class representative service award.

17 STIPULATED TO AND DATED this 17th day of November, 2024.

18 TERRELL MARSHALL LAW GROUP DAVIS WRIGHT TREMAINE LLP PLLC By: /s/ Eric A. Franz By: /s/ Jennifer Rust Murray Kenneth E. Payson, WSBA #26369 Beth E. Terrell, WSBA #26759 Email: [email protected] Email: [email protected] Lauren B. Rainwater, WSBA #43625 Jennifer Rust Murray, WSBA #36983 Email: [email protected] Email: [email protected] Eric A. Franz, WSBA #52755 Adrienne D. McEntee, WSBA #34061 Email: [email protected] Email: [email protected] Christopher Byer, Admitted Pro Hac Vice Blythe H. Chandler, WSBA #43387 Email: [email protected] Email: [email protected] 920 Fifth Avenue, Suite 3300 936 North 34th Street, Suite 300 Seattle, Washington 98104-1610 Seattle, Washington 98103-8869 Telephone: (206) 622-3150 Telephone: (206) 816-6603 Hilary Oran, Admitted Pro Hac Vice Walter M. Smith, WSBA #46695 Email: [email protected] Email: [email protected] 1251 Avenue of the Americas, 21st Floor Steve E. Dietrich, WSBA #21897 New York, NY 10020 Email: [email protected] Telephone: (212) 402-4036 SMITH & DIETRICH LAW OFFICES PLLC 1226 State Avenue N.E., Suite 205 Attorneys for Defendant Olympia, Washington 98506 Telephone: (360) 915-6952 Anthony I. Paronich, Admitted Pro Hac Vice Email: [email protected] PARONICH LAW, P.C.

8 350 Lincoln Street, Suite 2400 Hingham, Massachusetts 02043 Telephone: (617) 485-0018 Attorneys for Plaintiff and the Class 1 II. ORDER 2 Plaintiff’s unopposed motion to extend the deadline to file his motion for fees, costs, expenses, and service award is GRANTED. The deadline is extended as follows: EVENT CURRENT DEADLINE PROPOSED DEADLINE Due date for motion for November 15, 2024 November 21, 2024 attorneys’ fees, costs, and service award 8 Dated this 14th day of November, 2024.

11 A David G. Estudillo 13 United States District Judge