STIPULATION AND ORDER TO EXTEND TIME TO RESPOND TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION UNDER RULE 23 OF THE FEDERAL RULES OF CIVIL PROCEDURE

(Second Request)

RICHARD F. BOULWARE, II, District Judge.

Pursuant to Local Rules IA 6-1, IA 6-2 and LR 7-1, Defendant Venetian Casino Resort, LLC ("Defendant") and Plaintiffs Mustafa Yousif and Sharone Walker (collectively referred to as "Plaintiffs") hereby request an extension of time, up to and including June 26, 2019, for Defendant to file its Response to Plaintiffs' Motion for Class Certification ("Motion").1 Plaintiffs filed their Motion on April 1, 2019. (ECF No. 126.) The present deadline for Defendant to file its response to the Motion is May 13, 2019. This is Defendant's second request for an extension of time to file its response.

The first request was made on April 17, 2019 so that the parties could conclude a meet-and-confer regarding evidence submitted by Plaintiffs, namely expert testimony of analyst James R. Toney, in support of their Motion. (ECF No. 127.) Defendant requested the additional time to review and analyze Mr. Toney's expert report, to determine whether a rebuttal expert is necessary at this time, and to explore whether and to what extent a Motion to Strike Mr. Toney was appropriate. (Id.) The request was granted on April 18, 2019. (ECF No. 128.)

This Stipulation is not intended for delay, and is made in good faith so that Defendant can conduct the deposition of Mr. Toney as well as review relevant written discovery limited to Mr. Toney's analysis and testimony. On May 9, 2019, Defendant served Plaintiffs limited Requests for Production of Documents related to Mr. Toney. Plaintiffs believe that they can provide Defendant with these documents by May 23, 2019. Thereafter, Defendant will conduct the deposition on Mr. Toney no later than June 12, 2019 and anticipate filing a response to Plaintiffs' Motion two weeks thereafter.

As set forth above, the parties respectfully request an extension of time until June 26, 2019 for Defendant to respond to Plaintiffs' Motion and to allow for the review of the limited discovery related to Mr. Toney's expert report contained in Plaintiffs' Motion.

The parties also respectfully request that Plaintiffs' Reply in support of their Motion for Class Certification pursuant to FRCP 23 be extended to a response time of a total of thirty (30) days from the date Defendant files its Response, or July 26, 2019.

ORDER

IT IS SO ORDERED.