STIPULATION TO AMEND THE SCHEDULING ORDER; ORDER THEREON

GARY S. AUSTIN, Magistrate Judge.

On this 19th day of September 2014, the parties having so stipulated;

WHEREAS, the current Scheduling Order provides that class certification-related discovery shall be completed by November 1, 2014;

WHEREAS, on June 30, 2014, Plaintiffs filed leave to amend the complaint to add new parties and claims, which motion was opposed;

WHEREAS, Plaintiffs' motion has not yet been ruled upon;

WHEREAS, the substance, timing and participants in various upcoming depositions, including the representative class plaintiffs' depositions, will vary depending upon the resolution of the pending motion and proceeding with those depositions before resolution of the pending motion would cause confusion and potentially the need for witnesses to be redeposed;

WHEREAS, class representatives are individual family farmers who assert they would suffer substantial prejudice from having to be redeposed;

IT IS ORDERED that the Scheduling Order is amended as follows:

1. Class Certification Discovery Cut-Off and Briefing Deadlines.

(a) The deadline for class certification discovery (and the simultaneous deadline for all other non-dispositive motions) shall be extended from November 1, 2014 and November 14, 2014 respectively to four months from the date of entry of an Order on Plaintiffs' Motion For Leave To Amend Complaint.

(b) The briefing deadlines for class certification will be amended to follow from the class certification discovery cut-off at similar intervals as the original schedule:

Plaintiffs' Motion for Class Certification due: 75 days after the class certification discovery cut-off;

Defendant(s)' Opposition to Class Certification due: 75 days after Plaintiffs' Motion;

Plaintiffs' Reply due: 24 days after Defendants' Opposition

A hearing on the Motion for Class Certification will be held approximately one month after the filing of Plaintiffs' Reply on a date that suits the schedule and preference of Magistrate Judge Gary Austin.

2. Class Certification Discovery Pending the Order on Plaintiffs' Motion For Leave to Amend Complaint.

A. Depositions

In the interest of judicial economy and efficiency, all party depositions (including depositions of entities that plaintiffs' have proposed be added as parties) in the case will be stayed until the Court enters an Order on Plaintiffs' Motion for Leave to Amend Complaint. The parties may proceed with third party discovery and depositions

B. Written Discovery

Written discovery shall not be stayed and shall continue subject to the amended class certification discovery cut-off.

ORDER

The Courts adopts the parties' stipulation to amend the scheduling order set forth above, with the exception that the Court will set the briefing schedule and hearing date regarding the Plaintiffs' anticipated Motion for Class Certification after District Judge Anthony W. Ishii issues a ruling on the Plaintiffs' pending Motion for Leave to file a Second Amended Consolidated Complaint. (Doc. 155). Accordingly, within 15 days from the date of issuance of Judge Ishii's ruling, the parties shall file a joint report or stipulation setting forth a proposed briefing schedule and hearing date regarding Plaintiffs' Motion for Class Certification. In an abundance of caution, the Court will also set a telephonic status conference in this action on April 1, 2015 at 10:00 a.m. to revisit the matter of setting the briefing schedule and hearing date for Plaintiffs' Motion for Class Certification, if necessary. The Court will either advance or vacate the status conference upon receipt of the parties' proposed briefing schedule following the issuance of Judge Ishii's order on Plaintiffs' pending motion to amend.

IT IS SO ORDERED.