STIPULATION AND ORDER TO AMEND PRE-CERTIFICATION DISCOVERY SCHEDULE

[Previously Shasta Superior Court Case Number 191805; Assigned to the Hon. Stephen H. Baker, Department 3]

TROY L. NUNLEY, District Judge.

Plaintiffs Travis Chapman and John Churchwell (hereinafter, "Plaintiffs") and Defendant FedEx Ground Package System, Inc. ("FedEx Ground" or "Defendant") (hereinafter, collectively, the "Parties") hereby stipulate as follows:

WHEREAS, in its May 21, 2019 Amended Pretrial Scheduling Order (ECF No. 012), the Court established a discovery deadline for all discovery (specifically regarding facts relevant to whether this action should be certified as a class action) to be completed by February 20, 2020, with an expert disclosure deadline (for class certification) of April 16, 2020, and a class certification hearing date of August 6, 2020.

WHEREAS, based on the class certification discovery deadline of February 20, 2020, the Parties had originally agreed that "disclosure of declaration (fact) witnesses in support of or in opposing to any motion for class certification should occur on or prior to December 19, 2019, so as to permit the opposing party reasonable time to schedule depositions of such witnesses prior to the close of class certification discovery on February 20, 2020." (ECF No. 015).

WHEREAS, the Parties have exchanged initial disclosures and initial written discovery requests;

WHEREAS, Defendant has objected to many of Plaintiffs' requests and responded to some, as to which the Parties continue to meet and confer;

WHEREAS, Plaintiffs' responses to Defendants' written discovery requests are due January 6, 2020 following a stipulated continuance;

WHEREAS, Defendant noticed the depositions of Plaintiffs for December 9 and 10, 2019, respectively, though such depositions were taken off-calendar due to Plaintiffs and their counsel not being available;

WHEREAS, Plaintiffs' depositions are now scheduled for January 28 and 29, 2020, and the Parties are in the process of discussing scheduling 30(b)(6) depositions as to Defendant;

WHEREAS, among Plaintiffs' requests is for contact information of putative class members, to which Defendant objected including on privacy grounds, though the Parties have stipulated to use a Belaire-West opt-out procedure whereby putative class members will be mailed a notice by a third-party administrator and will be given the opportunity to object to the disclosure of contact information to Plaintiffs — with such information being disclosed as to non-objectors by a date certain;

WHEREAS, the Parties are continuing to meet and confer regarding the content and particulars of such Belaire-West notice but anticipate resolving any issues and/or bringing disputes before the Court within the next nine (9) days;

WHEREAS, the Parties agree that the current class certification briefing schedule (which calls for the filing of Plaintiffs' motion on June 12, 2020 and a hearing on August 6, 2020) need not be changed at this time, but the parties' agreed-upon December 19, 2019 witness disclosure deadline no longer should hold, and the class certification discovery deadline and related deadlines should be continued;

NOW THEREFORE, the Parties stipulate and agree that the Court should order an amended schedule as follows: (1) the fact discovery deadline (re class certification) should be continued from February 20, 2020 to April 30, 2020, with exchanges of lists of declaration witnesses re class certification by March 13, 2020 (and with the parties agreeing to work cooperatively to schedule any necessary depositions prior to April 30, 2020 and to seek relief from the Court if some depositions cannot be scheduled until after April 30); and (2) expert disclosure deadline (re class certification) should be continued from April 16, 2020 to May 22, 2020 (with depositions allowed to proceed during the course of class certification briefing as necessary).

ORDER

PURSUANT TO THE STIPULATION, IT IS SO ORDERED that the Parties stipulate that the Court order an amended schedule as follows: (1) the fact discovery deadline (re class certification) is continued from February 20, 2020 to April 30, 2020, with exchanges of lists of declaration witnesses re class certification by March 13, 2020 (and with the parties agreeing to work cooperatively to schedule any necessary depositions prior to April 30, 2020 and to seek relief from the Court if some depositions cannot be scheduled until after such date); and (2) expert disclosure deadline (re class certification) is continued from April 16, 2020 to May 22, 2020 (with depositions allowed to proceed during the course of class certification briefing as necessary).

IT IS SO ORDERED.