STIPULATED MOTION AND ORDER REVISING SCHEDULING ORDER RICHARD CLASS CERTIFICATION

RICARDO S. MARTINEZ, Chief District Judge.

Plaintiffs James Ginzkey, Richard Fitzgerald, Charles Cerf, and Barry Donner (collectively, "Plaintiffs") and Defendant National Securities Corporation ("Defendant") (collectively, the "Parties"), by and through their undersigned attorneys, hereby submit this Stipulated Motion to Revise the Scheduling Order Regarding Class Certification in this case.

IT IS HEREBY STIPULATED:

WHEREAS, Plaintiffs filed the Complaint in this action on December 10, 2018 (ECF No. 1);

WHEREAS, the Court issued an Order on October 7, 2019 on the Parties' prior Stipulated Motion to Revise the Scheduling Order (ECF No. 35). The Court set a deadline for the Parties to complete discovery on class certification by February 3, 2020. The Court set a deadline for Plaintiffs to file a motion for class certification by March 2, 2020;

WHEREAS, the Parties are conducting discovery on class certification through written discovery requests, document productions, and depositions. In order to respond to discovery requests, Defendants are in the process of reviewing over 140,000 pages of documents and anticipate the need to collect additional documents. The Parties also need to take at least five depositions prior to briefing class certification issues;

WHEREAS, given the complexity of the class certification issues, the volume of document discovery to be conducted, and the witnesses' and counsel's availability for depositions, the Parties anticipate that they will require additional time to complete discovery regarding class certification; WHEREAS, should the Court grant the Parties' request to revise the Scheduling Order, the Parties have agreed to conduct the necessary depositions pursuant to the following schedule:

WHEREAS, there is good cause to continue the deadlines for class certification discovery and briefing given the amount of time required to conduct all necessary discovery on class certification issues. In particular, the Parties anticipate that they will need approximately 90 additional days to collect and exchange documents, prepare for and take depositions, confer on any discovery issues, and make any necessary discovery motions;

WHEREAS, the Parties therefore request that the Court revise its Rule 16(b) and Rule 23(d) Scheduling Order Regarding Class Certification, and its Order of October 7, 2020, to allow time for the Parties to adequately conduct discovery on and brief the class certification issues; NOW THEREFORE, in consideration of the Parties' stipulation and good cause shown, the Parties respectfully request the Court's approval of this Motion and an Order revising the Scheduling Order as follows:

IT IS SO ORDERED.