Filed: Oct. 30, 2017
Latest Update: Oct. 30, 2017
Summary: JOINT STIPULATION AND ORDER TO FURTHER AMEND THE SCHEDULING ORDER MORRISON C. ENGLAND, Jr. , District Judge . Plaintiff JoAnn Martinelli ("Plaintiff") and Defendants Johnson & Johnson and McNeil Nutritionals, LLC ("Defendants"), through their respective counsel of record, hereby stipulate and agree as follows: WHEREAS, on August 28, 2017, Plaintiff moved for class certification, see Dkt. 80; WHEREAS, on October 2, 2017, Defendants filed their opposition to Plaintiff's motion for class c
Summary: JOINT STIPULATION AND ORDER TO FURTHER AMEND THE SCHEDULING ORDER MORRISON C. ENGLAND, Jr. , District Judge . Plaintiff JoAnn Martinelli ("Plaintiff") and Defendants Johnson & Johnson and McNeil Nutritionals, LLC ("Defendants"), through their respective counsel of record, hereby stipulate and agree as follows: WHEREAS, on August 28, 2017, Plaintiff moved for class certification, see Dkt. 80; WHEREAS, on October 2, 2017, Defendants filed their opposition to Plaintiff's motion for class ce..
More
JOINT STIPULATION AND ORDER TO FURTHER AMEND THE SCHEDULING ORDER
MORRISON C. ENGLAND, Jr., District Judge.
Plaintiff JoAnn Martinelli ("Plaintiff") and Defendants Johnson & Johnson and McNeil Nutritionals, LLC ("Defendants"), through their respective counsel of record, hereby stipulate and agree as follows:
WHEREAS, on August 28, 2017, Plaintiff moved for class certification, see Dkt. 80;
WHEREAS, on October 2, 2017, Defendants filed their opposition to Plaintiff's motion for class certification (Dkt. No. 82), three expert rebuttal reports (Dkt. Nos. 83-3, 85-4, 85-5), and two Daubert motions against Plaintiff's experts J. Michael Dennis and Colin Weir (Dkt. Nos. 83, 85).
WHEREAS, the deadline for Plaintiff to file her reply in support of her motion for class certification is November 3, 2017;
WHEREAS, the deadline for Plaintiff to file her oppositions to Defendants' Daubert motions is November 30, 2017, see L.R. 230(c)-(d);
WHEREAS, the hearing on Plaintiff's motion for class certification is currently schedule for December 14, 2017;
WHEREAS, issues concerning expert testimony and expert discovery are intertwined with Plaintiffs' motion for class certification, Defendants' Daubert motions, and Plaintiff's forthcoming Daubert motions, if any;
WHEREAS, at least one of Defendants' experts is unavailable for deposition prior to the week of December 18, 2017;
WHEREAS, Plaintiff seeks an extension of time to file her reply in support of her motion for class certification, her oppositions to Defendants' Daubert motions, and her forthcoming Daubert motions against Defendants' experts (if any) for the good cause stated above;
WHEREAS, on August 30, 2016, February 10, 2017, and May 5, 2017, the parties previously obtained extensions of time for class certification briefing in connection with requests to extend Phase I discovery as well as Plaintiff's then-pending motion for leave to amend, see Dkt. Nos. 44, 70, and 75; and
NOW THEREFORE, subject to the Court's approval, the parties stipulate that the Scheduling Order is further amended as follows:
Current Proposed
Plaintiff's Deadline to Move August 28, 2017 N/A
for Class Certification
Defendants' Deadline to October 2, 2017 N/A
Oppose Class Certification
Deadline to Complete Expert N/A December 22, 2017 (unless
Depositions otherwise agreed by the
parties)
Plaintiff's Deadline to File November 3, 2017 January 5, 2018
Class Certification Reply,
Daubert Oppositions, and
Daubert Motions (if any)
Defendants' Deadline to File December 7, 2017 January 19, 2018
Daubert Replies
Defendants' Deadline to File N/A January 26, 2018
Daubert Oppositions
Plaintiff's Deadline to File N/A February 8, 2018
Daubert Replies
Class Certification and December 14, 2017 at 2:00 TBD
Daubert Hearing PM
ORDER
Pursuant to the stipulation of the parties and good cause appearing, the Scheduling Order previously amended May 5, 2017 (ECF No. 75) is further amended as follows:
Current New
Plaintiff's Deadline to Move August 28, 2017 N/A
for Class Certification
Defendants' Deadline to October 2, 2017 N/A
Oppose Class Certification
Deadline to Complete Expert N/A December 22, 2017
Depositions
Plaintiff's Deadline to File November 3, 2017 January 5, 2018
Class Certification Reply,
Daubert Oppositions, and
Daubert Motions (if any)
Defendants' Deadline to File December 7, 2017 January 19, 2018
Daubert Replies
Defendants' Deadline to File N/A January 26, 2018
Daubert Oppositions
Plaintiff's Deadline to File N/A February 8, 2018
Daubert Replies
Class Certification and December 14, 2017 at 2:00 TBD
Daubert Hearing PM
Additionally, the parties are ordered to renotice the Class Certification and Daubert hearings for a date in line with the briefing schedule provided above. The motions shall be renoticed in compliance with Local Rule 230(a). Available civil law and motion calendar dates can be found on the Court's website at www.caed.uscourts.gov. Reservation of a hearing date is not required and civil law and motion hearings are at 2:00 p.m., in courtroom 7.
IT IS SO ORDERED.
