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Komarnicki v. LinkUs Enterprises, LLC, 1:16-cv-01602-DAD-SKO. (2018)

Court: District Court, E.D. California Number: infdco20180523b52 Visitors: 13
Filed: May 22, 2018
Latest Update: May 22, 2018
Summary: JOINT STIPULATION TO MODIFY PLAINTIFF'S CLASS CERTIFICATION DISCOVERY DEADLINE AND BRIEFING SCHEDULE; ORDER (Doc. 60) SHEILA K. OBERTO , Magistrate Judge . Pursuant to Local Rule 143, this Stipulation is entered into by and between Plaintiff Keith Komarnicki ("Plaintiff"), Defendants LinkUs Enterprises, LLC ("LinkUs"), DISH Network L.L.C., and Dish Network California Service Corporation (the latter two Defendants are referred to jointly as "Dish Network," LinkUs and Dish Network are referre
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JOINT STIPULATION TO MODIFY PLAINTIFF'S CLASS CERTIFICATION DISCOVERY DEADLINE AND BRIEFING SCHEDULE; ORDER (Doc. 60)

Pursuant to Local Rule 143, this Stipulation is entered into by and between Plaintiff Keith Komarnicki ("Plaintiff"), Defendants LinkUs Enterprises, LLC ("LinkUs"), DISH Network L.L.C., and Dish Network California Service Corporation (the latter two Defendants are referred to jointly as "Dish Network," LinkUs and Dish Network are referred to collectively as "Defendants"), based upon the following facts:

WHEREAS, Plaintiff's case was removed to this Court on October 21, 2016, and Plaintiff filed his First Amended Complaint on April 19, 2017;

WHEREAS, Plaintiff served his written discovery requests to Defendant on April 14, 2017. Multiple extensions for Defendants' deadline to respond to Plaintiff's written discovery were granted, and Defendants were ultimately relieved of their obligation to respond to Plaintiff's discovery until LinkUs's motion to stay was resolved;

WHEREAS, after extensive meet and confer efforts involving multiple telephone conferences and numerous letters and emails, the Parties have executed a proposed Stipulated Protective Order and Clawback Agreement, Defendants have begun production of documents that do not involve electronically stored information ("ESI"), and the Parties anticipate that production of Defendants' electronically stored information will begin shortly;

WHEREAS, the Parties are currently engaged in additional meet and confer to finalize the scope and mechanics of the ESI productions;

WHEREAS, in addition to written discovery, the Parties will also require the taking of depositions prior to Plaintiff's class certification motion and after the Parties have reviewed written discovery;

WHEREAS, this Court entered an amended scheduling order on January 22, 2018 (Doc. 57) setting deadlines of June 26, 2018 for the completion of class certification discovery; August 27, 2018 for Plaintiff to file his motion for class certification; September 25, 2018 for Defendants to oppose the motion for class certification; October 22, 2018 for Plaintiff to reply in support of the motion for class certification; along with a hearing date for the motion for class certification of November 20, 2018 at 9:30 a.m. before U.S. District Judge Dale A. Drozd and a mid-discovery status conference on January 17, 2019 before U.S. Magistrate Judge Sheila K. Oberto, pursuant to the Parties' stipulation;

WHEREAS, the Parties agree that additional time is required to conduct class certification discovery, and Plaintiff contends that the discovery outlined above will potentially conserve both the Parties' and the Court's resources by crystalizing the scope of claims before engaging in class certification briefing;

WHEREAS, this Stipulation is not entered for dilatory or any other improper purpose, and will not result in prejudice to any party if granted;

NOW THEREFORE, based on the foregoing, the Parties hereby stipulate as follows:

1. The deadline for the completion of class certification discovery, currently set for June 26, 2018, is CONTINUED to September 26, 2018; 2. The deadline for Plaintiff to file his motion for class certification, currently set for August 27, 2018, is CONTINUED to November 20, 2018; 3. The deadline for Defendants to file an opposition to Plaintiff's class certification motion, if any, currently set for September 25, 2018, is CONTINUED TO December 20, 2018;

ORDER

Based on the parties' above-stipulation to modify the class certification briefing schedule (Doc. 60), and good cause appearing pursuant to Fed. R. Civ. P. 16(b)(4), the Court hereby GRANTS the stipulation and modifies its January 22, 2018 order (Doc. 57) as follows:

EVENT CURRENT DATE NEW DATE Class certification discovery cut-off June 26, 2018 September 26, 2018 Class certification motion filing August 27, 2018 November 20, 2018 Class certification motion opposition filing September 25, 2018 December 20, 2018 Class certification motion reply filing October 22, 2018 January 21, 2019 February 19, 2019, at 9:30 a.m. (before the Class certification motion hearing November 20, 2018 Honorable Dale A. Drozd, U.S. District Judge, in Courtroom 5)

To allow the Court the opportunity to rule on Plaintiff's class certification motion, the mid-discovery status conference currently set for January 17, 2019, is hereby CONTINUED to April 23, 2019, at 10:15 A.M. in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto.

IT IS SO ORDERED.

Source:  Leagle

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