Joint Motion to Extend Time (2021-12-17)

Summary

The 160 represented Plaintiffs and Defendant Mass General Brigham Incorporated (MGB) jointly move to extend the Phase One Fact Discovery deadline in the Court’s December 17, 2021 Scheduling Order by thirty (30) days, from September 1, 2022 to October 1, 2022. It states that the parties are cooperating in discovery and that Defendant has deposed 30 of the 31 Plaintiffs who will be deposed during Phase One. The motion adds that Plaintiffs have identified eight (8) of the ten (10) individuals they will depose, and that counsel for the represented Plaintiffs is unavailable for most of July 2022 due to military duty. It proposes moving Dispositive Motions from February 15, 2023 to March 17, 2023.

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Full text

84717035v.2
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
ROBERTA LANCIONE, et al.,
Plaintiffs,
v.
MASS GENERAL BRIGHAM
INCORPORATED,
Defendant.
Civil Action No. 1:21-cv-11686-FDS

JOINT MOTION TO EXTEND TIME
TO COMPLETE PHASE ONE FACT DISCOVERY
The 160 represented Plaintiffs1 and Defendant Mass General Brigham Incorporated
(“MGB”) (together, the “Parties”), by and through their respective counsel, hereby move to
extend the Phase One Fact Discovery deadline in the Court’s December 17, 2021 Scheduling
Order by thirty (30) days from September 1, 2022 to October 1, 2022.  See Dkt. 56.  In Support
of this motion, the Parties state as follows:
1.
The Parties are engaged in and cooperating in discovery.  The Parties have exchanged
and responded to written discovery and produced thousands of documents.
2.
To date, Defendant has deposed 30 of the 31 Plaintiffs who will be deposed during Phase
One.

1 At present, there are 160 represented Plaintiffs and two pro se Plaintiffs in this action.  The 160
represented Plaintiffs, through their counsel, join this Motion.  Defendant sought the assent of the two pro
se Plaintiffs by email on Wednesday, July 13, 2022, but at the time of filing, neither has responded.
Defendant indicated in its message to them that it planned to file this Motion on Friday, July 15, 2022.
Case 1:21-cv-11686-FDS   Document 108   Filed 07/15/22   Page 1 of 4

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3.
Plaintiffs have identified eight (8) of the ten (10) individuals they will depose during
Phase One and have separately served two (2) Notices of 30(b)(6) Depositions to fill their
final two Phase One deponent slots.
4.
Counsel for the represented Plaintiffs is unavailable for most of July 2022 due to military
duty.
5.
Defendant’s counsel has worked with the ten (10) MGB deponents to identify dates when
each is available to sit for a deposition, but due to work conflicts and vacation schedules
of witnesses and all parties’ counsel, Defendant was not able to identify mutually
agreeable dates for all of them during the month of August 2022.
6.
Should the Court enter this Order, the Parties have agreed that Plaintiff will take six (6)
of the MGB depositions during the month of August and four (4) during the month of
September.
7.
Given the impending Phase One Fact Discovery deadline of September 1, 2022, the
Parties will require a short extension of Phase One to complete the remaining depositions.
The Parties therefore respectfully request a 30-day extension of deadlines as follows:

Current Deadline
Proposed New Deadline
with 30-day Extension
Phase One Fact
Discovery
September 1, 2022
October 1, 2022
All Depositions Other
Than Expert
Depositions
September 1, 2022
October 1, 2022
Dispositive Motions
February 15, 2023
March 17, 2023

8.
The allowance of this Motion shall not in any way impede the progress of this case and
no party will be prejudiced by the extension of deadlines sought by this Motion.

Case 1:21-cv-11686-FDS   Document 108   Filed 07/15/22   Page 2 of 4

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WHEREFORE, the Parties respectfully request that the Court extend the Phase One Fact
Discovery deadline in the December 17, 2021 Scheduling Order (Dkt. 56) by thirty (30) days to
October 1, 2022.

Respectfully submitted,

Tyler Adams, et al., the represented
Plaintiffs

MASS GENERAL BRIGHAM
INCORPORATED
By Their Attorneys,
 /s/ Ryan P. McLane
Ryan P. McLane (BBO# 697464)
Lauren Bradford (BBO# 700084)
269 South Westfield Street
Feeding Hills, MA 01030
TEL: (413) 789-7771
ryan@mclanelaw.com
lauren@mclanelaw.com

Dated:  July 15, 2022

By Its Attorneys,
 /s/ Dawn R. Solowey
Lynn A. Kappelman (BBO# 642017)
Katherine E. Perrelli (BBO# 549820)
Kristin McGurn (BBO# 559687)
Dawn Reddy Solowey (BBO# 567757)
SEYFARTH SHAW LLP
Seaport East
Two Seaport Lane, Suite 1200
Boston, MA 02210-2028
lkappelman@seyfarth.com
kperrelli@seyfarth.com
kmcgurn@seyfarth.com
dsolowey@seyfarth.com
TEL: (617) 946-4800
FAX: (617) 946-4801

Case 1:21-cv-11686-FDS   Document 108   Filed 07/15/22   Page 3 of 4

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CERTIFICATION PURSUANT TO LOCAL RULE 7.1

I hereby certify pursuant to Local Rule 7.1(a)(2) that on July 13, 2022, in an effort to
confer in good faith to resolve or narrow the issues presented by this motion, I contacted the two
pro se Plaintiffs, Dr. James Wines and Ms. Laina Frazier, individually by email to notify each of
them of Defendant’s and the represented Plaintiffs’ joint intention to file this motion on Friday,
May 15, 2022, to outline the reasons for the motion, and to seek their assent.  At the time of
filing, neither pro se Plaintiff has responded to that communication.
/s/ Dawn R. Solowey

Counsel for Defendant

CERTIFICATE OF SERVICE
I hereby certify that on July 15, 2022, a true copy of the foregoing document was
electronically filed through the Court’s ECF system and will be sent electronically to the registered
participants as identified on the Notice of Electronic Filing.  Paper copies will be sent to those
indicated as non-registered participants.
/s/ Dawn R. Solowey

Dawn R. Solowey

Case 1:21-cv-11686-FDS   Document 108   Filed 07/15/22   Page 4 of 4

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