STIPULATION AND [PROPOSED] ORDER TO CONTINUE CLASS CERTIFICATION DEADLINE; CONTINUE BRIEFING SCHEDULE AND HEARING; AND CONTINUE DEADLINE FOR DEFENDANTS TO PRODUCE RESPONSIVE DOCUMENTS

JOHN A. MENDEZ, District Judge.

The Parties to the above-entitled action, through their respective counsel of record, submit this Stipulation and Proposed Order to (a) continue Plaintiff's deadline to file his Motion for Class Certification; (b) continue the briefing schedule and hearing date on Motion for Class Certification; and (c) further extend the deadline for Defendants to produce documents pursuant to Magistrate Judge Delaney's order.

Plaintiff's deadline to move for class certification is presently March 20, 2017. Because Fed.R.Civ.P. 30(b)(6) depositions have commenced but have not been completed, and because pleading-related and discovery-related motions were only recently resolved, the Parties agree to request from the Court that the deadline for Plaintiff to file his Motion for Class Certification be reset to May 19, 2017. There is good cause for modifying the existing deadline, and the need to do so is no fault of either party.

On October 28, 2016, the parties' previously stipulated to a continue the above dates as the Defendants were required to "provide voluminous records for the putative class — consisting of nearly 450 individuals — within fourteen days. However, Defendants are in the process of physically moving their corporate offices more than 100 miles, and that process is expected to take six to eight weeks. Moreover, Defendants' human resources manager recently left for maternity leave and will be out on maternity leave until January 2017. Her absence greatly affects Defendants' ability to compile these records for production. Consequently, Defendants seek 45 additional days in which to produce these records." ECF No. 51 at 2:22-28.

On October 31, 2016, the Court granted the parties' stipulation. ECF No. 51. Specifically, the Court ordered as follows:

Id. at 5:2-12.

Unexpectedly, the process for moving Defendants' corporate offices — including all of the records that are to be produced in this litigation — has taken longer than anticipated. Defendants are still in the process of moving into its new facility in Los Angeles. Consequently, Defendants have been unable to compile the document production. Compounding this issue is that Defendants' human resources manager has not returned from maternity leave. For this reason, Defendants seek an additional 60 days to produce documents. As a result, all corresponding dates in the class certification briefing schedule should also be continued.

The parties have also met and conferred regarding the propriety of certain affirmative defenses within Defendants' Answer to Plaintiff's Second Amended Complaint. ECF No. 52. In lieu of unnecessary motion practice, the parties stipulate that Defendants shall file an Amended Answer to Plaintiff's Second Amended Complaint.

Based on the foregoing, the Parties have agreed to request that the Court (a) continue the deadline for Plaintiff to file a Motion for Class Certification to May 19, 2017; (b) continue the previously agreed-upon briefing schedule to track the new deadline; (c) extend for 60 days the deadline for Defendants to produce documents; and (d) permit Defendants to file an Amended Answer to Plaintiff's Second Amended Complaint within seven days of the Court's order on this stipulation. The Parties have agreed to a briefing and hearing schedule as follows:

ORDER

For good cause appearing, the deadline for Plaintiff to file a motion for class certification under Federal Rule of Civil Procedure 23, and a motion to certify a collective action under the Fair Labor Standards Act, is hereby continued to May 19, 2017.

Defendants shall file their Opposition to Plaintiff's Motion for Class Certification by no later than June 23, 2017.

Plaintiff shall file his Reply to Defendants' Opposition to Motion for Class Certification by no later than July 14, 2017.

The hearing on Plaintiff's Motion for Class Certification shall be set for August 22, 2017 at 1:30 p.m.

Also for good cause appearing, Defendants shall have until March 24, 2017 to produce documents pursuant to Magistrate Judge Delaney's order (ECF No. 47).

Also for good cause appearing, Defendants shall file an Amended Answer to Plaintiff's Second Amended Complaint within seven days of the Court's order on this stipulation.

IT IS SO ORDERED.