Filed: Aug. 30, 2016
Latest Update: Aug. 30, 2016
Summary: JOINT STIPULATION AND ORDER TO AMEND THE JULY 28, 2016 ORDER AND MARCH 7, 2016 SCHEDULING ORDER MORRISON C. ENGLAND, Jr. , District Judge . WHEREAS, the Court issued an Order regarding Plaintiff JoAnn Martinelli's ("Plaintiff") Motion To Compel on July 28, 2016 (the "July 28 Order") [Dkt. 41], which requires Defendants McNeil Nutritionals, LLC and Johnson & Johnson (collectively, "Defendants") to produce the documents referenced in the Order within 30 days. WHEREAS, the parties seek to req
Summary: JOINT STIPULATION AND ORDER TO AMEND THE JULY 28, 2016 ORDER AND MARCH 7, 2016 SCHEDULING ORDER MORRISON C. ENGLAND, Jr. , District Judge . WHEREAS, the Court issued an Order regarding Plaintiff JoAnn Martinelli's ("Plaintiff") Motion To Compel on July 28, 2016 (the "July 28 Order") [Dkt. 41], which requires Defendants McNeil Nutritionals, LLC and Johnson & Johnson (collectively, "Defendants") to produce the documents referenced in the Order within 30 days. WHEREAS, the parties seek to requ..
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JOINT STIPULATION AND ORDER TO AMEND THE JULY 28, 2016 ORDER AND MARCH 7, 2016 SCHEDULING ORDER
MORRISON C. ENGLAND, Jr., District Judge.
WHEREAS, the Court issued an Order regarding Plaintiff JoAnn Martinelli's ("Plaintiff") Motion To Compel on July 28, 2016 (the "July 28 Order") [Dkt. 41], which requires Defendants McNeil Nutritionals, LLC and Johnson & Johnson (collectively, "Defendants") to produce the documents referenced in the Order within 30 days.
WHEREAS, the parties seek to request a modification of the July 28 Order to extend the amount of time Defendants have to produce the documents referenced in the Order.
WHEREAS, the Court issued a Scheduling Order on March 7, 2016 (the "March 7 Scheduling Order") [Dkt. 25] setting the following deadlines:
Phase I Discovery Cut Off October 24, 2016
PL Deadline to File Cert. December 15, 2016
DE Deadline to Respond January 12, 2017
PL Deadline to Reply February 9, 2017
Class Cert. Hearing February 23, 2017, at 2:00 p.m.
WHEREAS, the parties seek to request a modification of the March 7 Scheduling Order to permit additional time to complete discovery and for Plaintiff to file her forthcoming motion for class certification.
WHEREAS, since the Court issued the July 28 Order and the March 7 Scheduling Order, the parties have been meeting and conferring regarding various fact discovery issues. The parties have been endeavoring to work cooperatively to resolve disputes without involvement of the Court.
WHEREAS, the parties jointly agree that the requested extension of the schedule is necessary to complete Phase I discovery.
WHEREAS, subject to the Court's approval, the parties have jointly agreed to request an amendment to the July 28 Order and the March 7 Scheduling Order.
WHEREAS, the parties have not obtained any prior extensions of time from the Court in connection with this matter.
NOW THEREFORE, subject to the Court's approval, the parties stipulate as follows:
1. The deadline for Defendants to produce the documents referenced in the July 28 Order shall be extended to October 7, 2016.
2. The March 7 Scheduling Order is amended as follows:
Current Proposed
Phase I Discovery Cut Off October 24, 2016 February 24, 2017
PL Deadline to File Cert. December 15, 2016 March 31, 2017
DE Deadline to Respond January 12, 2017 April 28, 2017
PL Deadline to Reply February 9, 2017 May 26, 2017
Class Cert Hearing February 23, 2017, at 2:00 p.m. TBD
ORDER
Pursuant to the foregoing stipulation (ECF No. 43), the Court's Scheduling Order (ECF No. 26) is hereby amended to reflect the dates and deadlines set forth above. The Court sets the hearing on Plaintiff's Motion for Class Certification for June 15, 2017 at 2:00 P.M.
IT IS SO ORDERED.
