Filed: Apr. 28, 2015
Latest Update: Apr. 28, 2015
Summary: STIPULATION AND [PROPOSED] SECOND MODIFIED SCHEDULING ORDER WILLIAM B. SHUBB , District Judge . The parties in the above-captioned matter, by and through their designated counsel, HEREBY AGREE AND STIPULATE as follows: WHEREAS, the parties to this case seek to modify the scheduling order [Dkt. #43] (the "Order"); and WHEREAS, the parties have had preliminary discussions concerning the possibility of reaching a settlement in the litigation; and WHEREAS, the parties have scheduled a mediat
Summary: STIPULATION AND [PROPOSED] SECOND MODIFIED SCHEDULING ORDER WILLIAM B. SHUBB , District Judge . The parties in the above-captioned matter, by and through their designated counsel, HEREBY AGREE AND STIPULATE as follows: WHEREAS, the parties to this case seek to modify the scheduling order [Dkt. #43] (the "Order"); and WHEREAS, the parties have had preliminary discussions concerning the possibility of reaching a settlement in the litigation; and WHEREAS, the parties have scheduled a mediati..
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STIPULATION AND [PROPOSED] SECOND MODIFIED SCHEDULING ORDER
WILLIAM B. SHUBB, District Judge.
The parties in the above-captioned matter, by and through their designated counsel, HEREBY AGREE AND STIPULATE as follows:
WHEREAS, the parties to this case seek to modify the scheduling order [Dkt. #43] (the "Order"); and
WHEREAS, the parties have had preliminary discussions concerning the possibility of reaching a settlement in the litigation; and
WHEREAS, the parties have scheduled a mediation for June 15, 2015 in New York City with Jonathan Marks, an experienced and respected mediator; and
WHEREAS, the parties have been diligently working to complete discovery in this action, as follows:
• Plaintiffs served Defendant with an initial set of interrogatories and requests for production on April 17, 2014;
• Defendant responded to Plaintiffs' initial set of interrogatories and requests for production on June 3, 2014;
• Defendant served Plaintiffs with initial sets of interrogatories and requests for production on August 6, 2014;
• All Plaintiffs responded to Defendant's initial set of interrogatories and requests for production by November 14, 2014;
• Defendant made its first production of 24,755 pages of documents on December 31, 2014;
• Defendant produced an additional 101,248 pages of documents on February 26, 2015;
• Defendant produced an additional 25,791 pages of documents on March 3, 2015;
• Counsel for Plaintiffs have been diligently reviewing and analyzing the documents produced by Defendant;
• Defendant took the deposition of Plaintiff Kenneth Drew in Albany, New York on March 31, 2015;
• Defendant took the deposition of Plaintiff Lainie Cohen in Boston, Massachusetts on April 9, 2015;
• Defendant took the deposition of Plaintiff Alba Morales in New York City on April 23, 2015; and
WHEREAS, the parties have met and conferred, and have determined that, although considerable discovery has been taken, additional time is needed to complete fact discovery, including the taking of additional depositions, prior to beginning the expert discovery phase; and
WHEREAS, the parties have also agreed that a modification of the existing schedule would be beneficial to their efforts to prepare for the mediation scheduled for June 15, 2015; and
WHEREAS, based on the foregoing, the parties wish to extend the time for completing fact discovery until the end of September, 2015; and
WHEREAS, extending the time for completing fact discovery would necessarily impact the remaining dates in the litigation schedule; modify the schedule set forth in the Order as follows:
Event Current Deadlines Proposed Amended
Deadlines
Complete Fact Discovery May 15, 2015 September 30, 2015
Plaintiffs Disclose Expert(s) / June 12, 2015 October 28, 2015
Produce Report(s)
Defendant Discloses Expert(s) / July 10, 2015 November 25, 2015
Produces Report(s) / Defendant
Deposes Plaintiffs' Expert(s)
Plaintiffs Depose Defendant's Aug. 7, 2015 December 23, 2015
Expert(s) / Plaintiffs Disclose
Rebuttal Expert(s) and/or
Rebuttal Expert Report(s)
Defendant's Depose Plaintiffs' Aug. 28, 2015 January 13, 2016
Rebuttal Expert(s)
Expert Discovery Closes Sept. 4, 2015 January 20, 2016
Plaintiffs' Motion for Class Sept. 11, 2015 January 27, 2016
Certification
Defendant's Opposition to Oct. 9, 2015 February 24, 2016
Plaintiffs' Motion for Class
Certification
Plaintiffs' Reply in Further Nov. 6, 2015 March 23, 2016
Support of Their Motion for
Class Certification
Oral Argument on Plaintiffs' Nov. 23, 2015 April 8, 2016
Motion for Class Certification
All Other Motions (Including Dec. 7, 2015 April 22, 2016
Summary Judgment)
Opposition to Summary Jan. 15, 2016 June 1, 2016
Judgment Motions
Reply to Summary Judgment Feb. 5, 2016 June 22, 2016
Oppositions
Oral Argument on Motion(s) for Feb. 22, 2016 July 9, 2016
Summary Judgment
Final Pretrial Conference March 14, 2016 July 29, 2016
NOW THEREFORE, the Parties agree and stipulate to, and submit that good cause is shown to support, the following Second Modified Scheduling Order.
Accordingly, the Court HEREBY ORDERS that:
1. The parties' stipulation to modify the Pretrial Scheduling Order is GRANTED; and the Order is modified as follows:
(i) On or before September 30, 2015, the parties shall complete fact discovery;
(ii) On or before October 28, 2015, Plaintiffs shall disclose expert(s) and produce expert(s) report(s);
(iii) On or before November 25, 2015, Defendant shall disclose expert(s), produce expert(s) report(s), and depose Plaintiffs' expert(s);
(iv) On or before December 23, 2015, Plaintiffs shall depose Defendant's expert(s), Plaintiffs shall disclose rebuttal expert(s) and rebuttal expert(s) report(s);
(v) On or before January 13, 2016, Defendant shall depose Plaintiffs' rebuttal expert(s);
(vi) On or before January 20, 2016, expert discovery shall close (with all motions to compel heard and resulting orders obeyed on or before September 4, 2015);
(vii) On or before January 27, 2016, Plaintiffs shall file their motion for class certification;
(viii) On or before February 24, 2016, Defendant shall file its opposition to Plaintiff's motion for class certification;
(ix) On or before March 23, 2016, Plaintiffs shall file their reply brief in further support of their motion for class certification;
(x) On April 4, 2016 at 2:00 p.m., the Court shall hear oral argument on Plaintiffs' motion for class certification;
(xi) On or before April 22, 2016, all other motions, including summary judgment, shall be filed;
(xii) On or before June 1, 2016, oppositions to summary judgment motions shall be filed;
(xiii) On or before June 22, 2016, reply briefs in support of summary judgment motions shall be filed;
(xiv) On July 11, 2016 at 2:00 p.m., the Court shall hear oral argument on any motions for summary judgment.
(xv) On September 12, 2016 at 2:00 p.m., the parties shall appear for a final pre-trial conference.
(xvi) On November 15, 2016 at 9:00 a.m., the parties shall appear to commence the jury trial.
PURSUANT TO STIPULATION, IT IS SO ORDERED.
