JOINT SCHEDULING STIPULATION; AND ORDER

KIMBERLY J. MUELLER, District Judge.

Plaintiffs ROBERT WESTFALL, DAVID E. ANDERSON, LYNN BOBBY, and DAVID ELLINGER (hereinafter, "Plaintiffs"), and Defendant BALL METAL BEVERAGE CONTAINER CORP. (hereinafter, "Defendant") (hereinafter, collectively, the "Parties"), hereby stipulate as follows:

WHEREAS, on February 17, 2017, the Court entered its Status (Pretrial Scheduling) Order: Class Certification Phase (Document No. 015) (hereinafter, the "Scheduling Order");

WHEREAS, the Scheduling Order provides for completion of all discovery not later than December 31, 2017, in addition expert discovery deadlines, with a close of expert discovery on March 31, 2017;

WHEREAS, the Scheduling Order provided for the filing of a motion for class certification not later than June 30, 2017, with a hearing on such motion to take place on September 8, 2017;

WHEREAS, based upon stipulations of the parties, the deadline for filing the class certification motion was continued to July 28, 2017, and the hearing was continued to October 20, 2017;

WHEREAS, Plaintiffs' motion for class certification has been fully briefed by the Parties;

WHEREAS, on October 16, 2017, the Court issued a minute order (Document No. 49) taking the hearing off calendar and stating that Plaintiffs' motion for class certification will be decided on the papers;

WHEREAS, to date, the Court has not yet issued its order on the motion for class certification;

WHEREAS, additional discovery may need to be taken, but the scope and nature of such discovery will be substantially influenced by the terms of the Court's order on Plaintiffs' motion for class certification;

WHEREAS, the Parties do not wish to expend additional resources on discovery that may not be necessary depending on the terms of the Court's order on Plaintiffs' motion for class certification;

WHEREAS, if additional fact discovery is conducted after December 31, 2017, it will be difficult for the Parties to comply with the remaining deadlines in the Court's Scheduling Order;

WHEREAS, the Scheduling Order set a further status conference for January 4, 2018 at 2:30 p.m. (with a joint report to be filed seven days prior), and the Parties stipulate that such conference and joint report deadline should remain on calendar so that discovery and other deadlines and dates can be set in light of the Court's order on Plaintiffs' motion for class certification;

NOW THEREFORE, it is so stipulated by the Parties that all future deadlines and dates set forth in the Scheduling Order should be VACATED, except for the setting of the aforementioned status conference and joint report deadline.

ORDER

Pursuant to the foregoing stipulation, and good cause appearing therefor, the parties' proposal is approved except that the further status conference is set for January 18, 2018 at 2:30 p.m. All other dates are vacated. IT IS SO ORDERED.