Filed: Nov. 12, 2015
Latest Update: Nov. 12, 2015
Summary: STIPULATION AND [PROPOSED] ORDER TO CONTINUE CLASS CERTIFICATION FILING DATES GARLAND E. BURRELL, Jr. , Senior District Judge . Plaintiff CHRISTINA CULLEY ("Plaintiff") and Defendants LINCARE INC. and ALPHA RESPIRATORY INC. ("Defendants"), by and through their respective counsel, hereby stipulate as follows: WHEREAS, the Court initially set the following Class Certification schedule: • Plaintiff's deadline to file motion: September 28, 2015 • Defendant's deadline to file opposition: Nove
Summary: STIPULATION AND [PROPOSED] ORDER TO CONTINUE CLASS CERTIFICATION FILING DATES GARLAND E. BURRELL, Jr. , Senior District Judge . Plaintiff CHRISTINA CULLEY ("Plaintiff") and Defendants LINCARE INC. and ALPHA RESPIRATORY INC. ("Defendants"), by and through their respective counsel, hereby stipulate as follows: WHEREAS, the Court initially set the following Class Certification schedule: • Plaintiff's deadline to file motion: September 28, 2015 • Defendant's deadline to file opposition: Novem..
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STIPULATION AND [PROPOSED] ORDER TO CONTINUE CLASS CERTIFICATION FILING DATES
GARLAND E. BURRELL, Jr., Senior District Judge.
Plaintiff CHRISTINA CULLEY ("Plaintiff") and Defendants LINCARE INC. and ALPHA RESPIRATORY INC. ("Defendants"), by and through their respective counsel, hereby stipulate as follows:
WHEREAS, the Court initially set the following Class Certification schedule:
• Plaintiff's deadline to file motion: September 28, 2015
• Defendant's deadline to file opposition: November 2, 2015
• Plaintiff's deadline to file reply: November 16, 2015
• Hearing re: Class Certification Motion: November 30, 2015
WHEREAS, while awaiting an order by the Magistrate Judge regarding a discovery dispute, the Court ordered a continuance, stipulated between the Parties, to the following Class Certification schedule:
• Plaintiff's deadline to file motion: December 18, 2015
• Defendant's deadline to file opposition: February 5, 2016
• Plaintiff's deadline to file reply: February 26, 2016
• Hearing re: Class Certification Motion: March 21, 2016
WHEREAS, the order of the Magistrate Judge, issued November 2, 2015, orders the production of supplemental responses and responsive documents and provides 21 days for compliance, requiring the production of discovery relevant to Plaintiff's Class Certification Motion on November 23, 2015;
WHEREAS, the order of the Magistrate Judge, issued November 2, 2015, denies without prejudice a request for further responses to Request for Production No. 30, explicitly granting Plaintiff authority to seek a further response after the initial response is supplemented.
WHEREAS, the Parties have conferred and, based on the above and the availability of Counsel, believe that a continuance to the production ordered on November 2, 2015, as well as to the briefing schedule for the motion for class certification, is warranted to provide a sufficient amount of time for Defendant Alpha to produce the records and for Plaintiff to thereafter analyze the records and information;
WHEREAS, this is the second request for a continuance by either Party to the class certification deadlines;
NOW, THEREFORE, the parties hereby stipulate and agree, and respectfully request the Court to order that:
1. Defendant produce the supplemental responses and responsive documents that were the subject of the Court's November 2, 2015 Order by December 11, 2015;
2. The briefing schedule for the motion for class certification be continued to the following dates:
• Plaintiff's deadline to file motion: February 19, 2016
• Defendant's deadline to file opposition: April 15, 2016
• Plaintiff's deadline to file reply: May 6, 2016
• Hearing re: Class Certification Motion: May 27, 2016
IT IS SO STIPULATED.
IT IS SO ORDERED.
