STIPULATION AND ORDER TO RE-SET CLASS CERTIFICATION SCHEDULE

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 re-set Plaintiff's deadline to file a motion for class certification. The deadline to move for class certification is presently January 26, 2016. Because FRCP 30(b)(6) depositions have commenced but have not been completed to date, the Parties agree to request from the court that the deadline for Plaintiff to file his Motion for class Certification be re-set to June 15, 2016. There is good cause for modifying the existing deadline, and the need to do so is no fault of either party.

The Parties have diligently pursued discovery in this matter. Plaintiff has served interrogatories and document requests and has completed a first round of FRCP 30(b)(6) witness depositions. However, due to Defendants' and their counsel's unavailability (including an unexpected, extended medical situation), Defendants' 30(b)(6) depositions have not all been completed. Plaintiff noticed the continued deposition of Defendants' 30(b)(6) witness for November 17, 2015 but due to Defendants' unavailability the depositions were re-noticed for December 14, 2015. However, Defendants and their counsel were once again unavailable. Plaintiffs intend to examine the Defendants' 30(b)(6) witness on Rule 23 matters, and anticipate that testimony from them on the relevant employment practices and policies will be central to class certification.

Additionally, the parties continue to meet and confer over Defendants' document production. Said production is imperative for Plaintiff's Motion for Class Certification, and if the parties are unable to agree on production Plaintiff will proceed with a Motion to Compel.

Based on the foregoing, the Parties have agreed to request that the Court continue the deadline for Plaintiff to file a Motion for Class Certification to June 15, 2016.

ORDER AS MODIFIED BY THE COURT

For good cause appearing, the deadline for Plaintiff to file a motion for class certification under Federal Rule of Civil Procedure Rule 23, and a motion to certify a collective action under the Fair Labor Standards Act, is hereby continued to June 14, 2016, and noticed for hearing on July 12, 2016 at 1:30 p.m.

IT IS SO ORDERED.