Filed: Jan. 04, 2018
Latest Update: Jan. 04, 2018
Summary: STIPULATION AND ORDER TO MODIFY THE STATUS (PRETRIAL SCHEDULING) ORDER KIMBERLY J. MUELLER , District Judge . Plaintiff JARED ACOSTA and Defendant EVERGREEN MONEYSOURCE MORTGAGE COMPANY, by and through their respective counsel of record, hereby agree to the following: WHEREAS, the Court's Status (Pretrial Scheduling) Order orders Plaintiff and Defendant to participate in private mediation by January 25, 2018 based on a prior representation from the parties that this date was confirmed with
Summary: STIPULATION AND ORDER TO MODIFY THE STATUS (PRETRIAL SCHEDULING) ORDER KIMBERLY J. MUELLER , District Judge . Plaintiff JARED ACOSTA and Defendant EVERGREEN MONEYSOURCE MORTGAGE COMPANY, by and through their respective counsel of record, hereby agree to the following: WHEREAS, the Court's Status (Pretrial Scheduling) Order orders Plaintiff and Defendant to participate in private mediation by January 25, 2018 based on a prior representation from the parties that this date was confirmed with ..
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STIPULATION AND ORDER TO MODIFY THE STATUS (PRETRIAL SCHEDULING) ORDER
KIMBERLY J. MUELLER, District Judge.
Plaintiff JARED ACOSTA and Defendant EVERGREEN MONEYSOURCE MORTGAGE COMPANY, by and through their respective counsel of record, hereby agree to the following:
WHEREAS, the Court's Status (Pretrial Scheduling) Order orders Plaintiff and Defendant to participate in private mediation by January 25, 2018 based on a prior representation from the parties that this date was confirmed with the mediator;
WHEREAS, on November 29, 2017, counsel for Defendant, Alexander A. Baehr, informed Plaintiff's Counsel, Justin P. Rodriguez, that due to a trial being scheduled to begin on January 22, 2018 mediation on January 25, 2018 would no longer be possible;
WHEREAS, Mr. Baehr contacted the mediator to find the earliest possible alternative date, which was February 21, 2018;
WHEREAS, the parties have confirmed their ability to attend and participate in a mediation on February 21, 2018;
WHEREAS, the parties wish to modify the Court's Status (Pretrial Scheduling) to account for the delay in the ability to complete mediation and preserve their litigation resources to help facilitate the possibility of settlement in this matter;
WHEREAS, the parties submitted a Joint Motion to Modify the Courts Status (Pretrial Scheduling) Order on December 19, 2017; and
WHEREAS, on December 21, 2017, the parties were directed by the Courtroom Clerk, Casey Schultz, to file a stipulation and proposed order in lieu of the Joint Motion.
NOW, THEREFORE, good cause having been shown under Rule 16, the parties stipulate to and agree, subject to the Court's approval, to the following modification of the deadlines set forth in the Court's Status (Pretrial Scheduling) Order:
1. Continue the deadline for the parties to participate in private mediation from January 25, 2018 to February 21, 2018;
2. Continue the deadline for completing class certification discovery from June 15, 2018 to July 12, 2018;
3. Continue the deadline for counsel to designate in writing, file with the court, and serve upon all other parties the name, address, and area of expertise of each expert from July 20, 2018 to August 16, 2018;
4. Continue the deadline for any party who previously disclosed expert witnesses to submit a supplemental list of expert witnesses who will express an opinion on a subject covered by an expert designated by an adverse party, if the party supplementing an expert witness designation has not previously retained an expert to testify on that subject from August 10, 2018 to September 6, 2018;
5. Continue the deadline for completing expert discovery from September 11, 2018 to October 8, 2018;
6. Continue the deadline for Plaintiff to file his certification motion from September 11, 2018 to on or before October 8, 2018; and
7. Continue the hearing on Plaintiff's motion for class certification from October 19, 2018 to November 16, 2018.
IT IS SO STIPULATED.
ORDER
Good cause appearing therefore under Rule 16, the Court makes the following modifications to its Status (Pretrial Scheduling) Order:
1. The deadline for the parties to participate in private mediation shall be moved from January 25, 2018 to February 21, 2018;
2. The deadline for completing class certification discovery shall be moved from June 15, 2018 to July 12, 2018;
3. The deadline for counsel to designate in writing, file with the court, and serve upon all other parties the name, address, and area of expertise of each expert shall be moved from July 20, 2018 to August 16, 2018;
4. The deadline for any party who previously disclosed expert witnesses to submit a supplemental list of expert witnesses who will express an opinion on a subject covered by an expert designated by an adverse party, if the party supplementing an expert witness designation has not previously retained an expert to testify on that subject shall be moved from August 10, 2018 to September 6, 2018;
5. The deadline for completing expert discovery shall be moved from September 11, 2018 to October 8, 2018;
6. The deadline for Plaintiff to file his certification motion shall be moved from on or before September 11, 2018 to on or before October 8, 2018; and
7. The hearing on Plaintiff's motion for class certification shall be moved from October 19, 2018 to November 16, 2018.
IT IS SO ORDERED:
