Morris v. Milliman Inc.

THE HONORABLE JOHN C. COUGHENOUR

TERRELL MARSHALL LAW GROUP PLLC

Jennifer Rust Murray, WSBA #36983

Beth E. Terrell, WSBA #26759

Adrienne D. McEntee, WSBA # 34061

WILLIAMS, KASTNER & GIBBS PLLC

Jeffery M. Wells, WSBA #45840

Daniel Brown, WSBA #22028 Attorneys for Defendant

FRANCIS MAILMAN SOUMILAS, P.C.

James A. Francis, Admitted Pro Hac Vice

John Soumilas, Admitted Pro Hac Vice

Lauren KW Brennan, Admitted Pro Hac Vice

Travis Martindale-Jarvis, Admitted Pro Hac Vice

STIPULATED MOTION TO STAY CASE DEADLINES PENDING RESOLUTION OF PLAINTIFF'S MOTION FOR RECONSIDERATION AND CLARIFICATION OF COURT'S ORDER GRANTING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT/DECERTIFICATION

NOTED FOR CONSIDERATION: MARCH 5, 2024

THE HONORABLE JOHN C. COUGHENOUR

I. STIPULATION

Plaintiffs Sharon Morris and Lars Brauer and Defendant Milliman, Inc. jointly submit this stipulated motion respectfully requesting that the Court vacate the current case management schedule and stay all deadlines until Plaintiff's forthcoming motion for reconsideration and clarification in the case entitled Healy v. Milliman, 2:30-cv-01473-JCC (W.D. Wash.) (“Healy matter”) is resolved. In support of their motion, the parties state as follows:

1. Plaintiffs filed this proposed class action lawsuit on March 23, 2023. Dkt. No. 1.

2. Although Plaintiffs' claims cover a different time period, the allegations in Plaintiffs' complaint are similar to those alleged in the Healy matter.

3. On November 21, 2023, the parties jointly requested that the Court extend the case management deadlines for 90 days. Dkt. No. 23. In support of their motion, the parties noted that the outcome of several motions pending in the Healy matter potentially could impact the scope of discovery in this case. See Dkt. No. 23 at 2:8-14. Those motions included Plaintiff's Motion to Modify Class Definition (Dkt. No. 166) and Defendant's Motion for Partial Summary Judgment and/or to Decertify Inaccuracy Class (Dkt. No. 167).

4. On February 22, 2024, the Court entered an order denying Plaintiff's motion to modify as moot, granting in part and denying in part Defendant's motion for partial summary judgment and to decertify. See Dkt. No. 216.

5. Plaintiff intends to move for reconsideration and clarification of the Court's February 22, 2024 order on or March 7, 2024, which is the deadline to file a motion for reconsideration under Local Civil Rule 7(h).

6. On March 1, the parties met and conferred and agreed to jointly ask the Court to stay the case management deadlines until the issues raised in Plaintiff's forthcoming motion for reconsideration and clarification are resolved.

7. As a result, and in the interest of judicial economy and reducing litigation costs, the parties agree there is good cause to vacate the current case management deadlines and stay the case pending resolution of the issues raised in Plaintiff's forthcoming motion for reconsideration and clarification.

II. ORDER

IT IS SO ORDERED.