Filed: Jun. 01, 2017
Latest Update: Jun. 01, 2017
Summary: STIPULATION AND REQUEST TO CONTINUE DISCOVERY DEADLINES AND MOTION FILING AND HEARING DATES IN FAVOR OF MEDIATION; ORDER ERICA P. GROSJEAN , Magistrate Judge . TO THE HONORABLE COURT: Plaintiff Brandy Brewer and Defendants Saputo Dairy Foods USA and Saputo Cheese USA, Inc., (collectively the "Parties") hereby stipulate and agree as follows: 1. WHEREAS, on or about March 10, 2017, the Parties began discussing the possibility of early mediation before a private mediator to entirely resolve
Summary: STIPULATION AND REQUEST TO CONTINUE DISCOVERY DEADLINES AND MOTION FILING AND HEARING DATES IN FAVOR OF MEDIATION; ORDER ERICA P. GROSJEAN , Magistrate Judge . TO THE HONORABLE COURT: Plaintiff Brandy Brewer and Defendants Saputo Dairy Foods USA and Saputo Cheese USA, Inc., (collectively the "Parties") hereby stipulate and agree as follows: 1. WHEREAS, on or about March 10, 2017, the Parties began discussing the possibility of early mediation before a private mediator to entirely resolve ..
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STIPULATION AND REQUEST TO CONTINUE DISCOVERY DEADLINES AND MOTION FILING AND HEARING DATES IN FAVOR OF MEDIATION; ORDER
ERICA P. GROSJEAN, Magistrate Judge.
TO THE HONORABLE COURT:
Plaintiff Brandy Brewer and Defendants Saputo Dairy Foods USA and Saputo Cheese USA, Inc., (collectively the "Parties") hereby stipulate and agree as follows:
1. WHEREAS, on or about March 10, 2017, the Parties began discussing the possibility of early mediation before a private mediator to entirely resolve this lawsuit;
2. WHEREAS, the Parties have agreed to a Mediation before a respected private mediator, David Lowe, on August 16, 2017;
3. WHEREAS, the August 16, 2017 mediation date was the earliest mediation date that could be secured by the Parties on an agree-to mediator's schedule after inquiring with three different mediators;
4. WHEREAS, as a precondition to mediation, the Parties agreed to continue then pending deadlines for the Parties to respond to discovery including a noticed Rule 30 deposition of Plaintiff, two sets of Rule 33 Interrogatories propounded by Defendants, two sets of Rule 34 Document Demands propounded by Defendant, and two sets of Rule 36 Requests for Admissions propounded by Defendant. Additionally, the Parties agreed to defer any discovery motion practice until after the scheduled mediation. Plaintiff previously propounded Rule 33 Interrogatories and Rule 34 Document Demands on Defendants and Defendant previously propounded two sets of Rule 34 Document Demands, but the Parties had yet to meet and confer or move the Court related to that discovery.
5. WHEREAS, the Parties have agreed to exchange the information necessary to settlement discussions informally;
6. WHEREAS, the Parties' agreement to pause discovery pending mediation was a precondition to mediation as the Parties seek to avoid the expenses and consumption of resources associated with formal discovery and potential motion practice before the Court;
7. WHEREAS, the Court's December 5, 2016, Scheduling Order, Document No, 14 set dates for:
a. Non-Expert Discovery due on 9/8/2017;
b. Class Certification Motion filing due on 11/3/17;
c. Opposition due on 1/12/18;
d. Reply due on 3/2/18;
e. Motion Hearing set for 4/3/18 before District Judge Dale A. Drozd.
8. WHEREAS, in light of the Parties' scheduled mediation and request to avoid the expense and consumption of resources associated with formal discovery, the Parties agree and respectfully request the Court vacate the current dates and reset them to:
a. Non-Expert Discovery due on or after 2/8/2018;
b. Class Certification Motion filing due on or after 4/3/18;
c. Opposition due on or after 6/12/18;
d. Reply due on or after 8/2/18;
e. Motion Hearing set for 9/4/18 or as soon thereafter as practicable for the Court's calendar.
ORDER
Based on the above stipulation (a fully-executed copy of which is located on the docket as ECF No. 21) and good cause having been shown therein, the dates set by the Court's December 5, 2016 Scheduling Order (ECF No. 14) are vacated and reset to:
a. Non-Expert Discovery cutoff date is set for February 8, 2018;
b. Mid-Discovery status conference is set for November 13, 2017 at 9:30 a.m. in Courtroom 10 (EPG);
c. Motion for class certification shall be filed no later than April 3, 2018;
d. Opposition to motion for class certification shall be filed no later than June 12, 2018;
e. Reply in support of motion for class certification shall be filed no later than August 2, 2018;
f. Hearing on the motion for class certification is set for on September 4, 2018 at 9:30 a.m. in Courtroom 5 (DAD).
IT IS SO ORDERED.
