Opinion
2:19-cv-00175-MJP
07-31-2024
FRANTZ SAMSON, a Washington resident, individually and on behalf of all others similarly situated, Plaintiff, v. UNITEDHEALTHCARE SERVICES, INC., Defendant.
TERRELL MARSHALL LAW GROUP PLLC Murray Beth E. Terrell, WSBA #26759 Jennifer Rust Murray, WSBA #36983 Adrienne D. McEntee, WSBA #34061 Blythe H. Chandler, WSBA #43387 FRANCIS MAILMAN SOUMILAS, P.C. James A. Francis, Admitted Pro Hac Vice John Soumilas, Admitted Pro Hac Vice Jordan M. Sartell, Admitted Pro Hac Vice SHUB & JOHNS LLC Jonathan Shub, Admitted Pro Hac Vice Samantha E. Holbrook, Admitted Pro Hac Vice Attorneys for Plaintiff and Proposed Classes LANE POWELL PC Barbara J. Duffy, WSBA #18885 Devon McCurdy, WSBA #52663 Erika O'Sullivan, WSBA #57556 Erin M. Wilson, WSBA #42454 BOIES SCHILLER FLEXNER LLP Maxwell V. Pritt, Admitted Pro Hac Vice Samuel C. Kaplan, Admitted Pro Hac Vice Jessica Mugler, Admitted Pro Hac Vice GIBSON DUNN & CRUTCHER LLP Timothy W. Loose, Admitted Pro Hac Vice Attorneys for Defendant
NOTED FOR CONSIDERATION: JULY 29, 2024
TERRELL MARSHALL LAW GROUP PLLC
Murray Beth E. Terrell, WSBA #26759
Jennifer Rust Murray, WSBA #36983
Adrienne D. McEntee, WSBA #34061
Blythe H. Chandler, WSBA #43387
FRANCIS MAILMAN SOUMILAS, P.C.
James A. Francis, Admitted Pro Hac Vice
John Soumilas, Admitted Pro Hac Vice
Jordan M. Sartell, Admitted Pro Hac Vice
SHUB & JOHNS LLC
Jonathan Shub, Admitted Pro Hac Vice
Samantha E. Holbrook, Admitted Pro Hac Vice
Attorneys for Plaintiff and Proposed Classes
LANE POWELL PC
Barbara J. Duffy, WSBA #18885
Devon McCurdy, WSBA #52663
Erika O'Sullivan, WSBA #57556
Erin M. Wilson, WSBA #42454
BOIES SCHILLER FLEXNER LLP
Maxwell V. Pritt, Admitted Pro Hac Vice
Samuel C. Kaplan, Admitted Pro Hac Vice
Jessica Mugler, Admitted Pro Hac Vice
GIBSON DUNN & CRUTCHER LLP
Timothy W. Loose, Admitted Pro Hac Vice
Attorneys for Defendant
JOINT MOTION AND ORDER TO EXTEND DEADLINE TO SEND NOTICE
Marsha J. Pechman, United States Senior District Judge
WHEREAS, on May 24, 2024, the Court entered an order setting a deadline of August 12, 2024 for Plaintiff to send notice to the classes (Dkt. No. 304);
WHEREAS, between February 16, 2024 and July 16, 2024, Defendant made multiple productions of voluminous call recordings that Defendant contends support its position that the classes should be decertified;
WHEREAS, both parties have been diligently reviewing these call recordings;
WHEREAS, on July 12, 2024, Plaintiff filed a motion to approve the forms of notice to send to class members (Dkt. No. 307);
WHEREAS, on July 13, 2024, Plaintiff provided Defendant with a list of phone numbers that Plaintiff contends are in the two classes based on Plaintiff's review of the evidence;
WHEREAS, on July 22, 2024, Defendant filed a motion to decertify the Classes (Dkt. 311);
WHEREAS, the parties conferred and agreed to request that the Court modify the case schedule to continue the class notice deadline until after the Court resolves the decertification motion;
WHEREAS, the parties continue to confer about the forms of notice, anticipate reaching an agreement by the time the decertification motion is resolved, and will ask the Court to approve the notice forms, if appropriate, after Defendant's decertification motion is resolved;
WHEREAS, Plaintiff will accordingly be filing a notice of withdrawal of Plaintiffs motion to approve the forms of notice along with this joint motion;
WHEREAS, the class action administrator has indicated it will need twenty days to send notice after an order on Defendant's decertification motion;
WHEREAS, good cause exists to wait until after the decertification motion is resolved to send class notice because the Court's decertification ruling would obviate the need for notice if granted in full and if denied in whole or in part, may affect the scope of the certified classes or the class definitions to be included in the notices.
Accordingly, the parties request that the deadline to send notice be extended to twenty days following the Court's ruling on Defendant's decertification motion.
ORDER
IT IS SO ORDERED.