STIPULATION AND ORDER RE: BRIEFING SCHEDULE FOR REQUEST FOR CERTIFICATION FOR APPEAL STIPULATION AND ORDER RE BRIEFING SCHEDULE FOR REQUEST FOR CERTIFICATION FOR APPEAL

HAYWOOD S. GILLIAM, JR., District Judge.

STIPULATION

WHEREAS, on January 25, 2019, the Court denied Defendants' Motion to Dismiss with regard to the allegations and claims in the Second Amended Complaint based on the Americans with Disabilities Act, ("ADA");

WHEREAS, Defendants believe that no court has addressed whether the ADA applies to the type of residential housing provided by Brookdale's assisted living communities, and that substantial ground for difference of opinion exists with respect to whether the ADA applies to;

WHEREAS, Defendants believe that resolution of the applicability of the ADA to the allegations and claims being asserted in this litigation will have a significant impact on discovery, class certification, and other issues;

WHEREAS, Defendants disclosed their intent to request certification from this Court for an appeal of this narrow issue under 28 U.S.C. § 1292(b) in the parties' January 25, 2019 Joint Case Management Conference Statement (Dkt. No. 87);

WHEREAS, on February 12, 2019, the Court directed the parties to meet and confer and file a stipulation and proposed order regarding a briefing schedule for Defendants' request for certification for appeal (Dkt. No. 89), to consist solely of a Motion by Defendants and an Opposition by Plaintiffs;

WHEREAS, Plaintiffs dispute Defendants' contention that the foregoing issue satisfies the applicable legal standard for certification for appeal set forth in 28 U.S.C. § 1292(b) and applicable precedent;

WHEREAS, Defendants filed their Motion to Certify for Interlocutory Appeal and Motion to Stay on February 26, 2019;

WHEREAS, Plaintiffs require additional time in which to prepare their opposition to Defendants' Motion to Certify for Interlocutory Appeal and Motion to Stay because of their obligations on other cases during the past two weeks;

NOW, THEREFORE, IT IS HEREBY STIPULATED that:

ORDER

The Court, having considered the above Stipulation of Plaintiffs and Defendants and good cause appearing therefor, hereby orders as follows:

PURSUANT TO STIPULATION, IT IS SO ORDERED.