Filed: Sep. 27, 2017
Latest Update: Sep. 27, 2017
Summary: STIPULATION AND ORDER TO RESET CLASS CERTIFICATION SCHEDULE JOHN A. MENDEZ , District Judge . The Parties to the above-entitled action, through their respective counsel of record, submit this Stipulation and Proposed Order to re-set the briefing schedule and hearing date for Plaintiffs' motion for class certification. There is good cause for modifying the existing schedule, and the need to do so is no fault of either party. The Parties have diligently pursued discovery in this matter. Plai
Summary: STIPULATION AND ORDER TO RESET CLASS CERTIFICATION SCHEDULE JOHN A. MENDEZ , District Judge . The Parties to the above-entitled action, through their respective counsel of record, submit this Stipulation and Proposed Order to re-set the briefing schedule and hearing date for Plaintiffs' motion for class certification. There is good cause for modifying the existing schedule, and the need to do so is no fault of either party. The Parties have diligently pursued discovery in this matter. Plain..
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STIPULATION AND ORDER TO RESET CLASS CERTIFICATION SCHEDULE
JOHN A. MENDEZ, District Judge.
The Parties to the above-entitled action, through their respective counsel of record, submit this Stipulation and Proposed Order to re-set the briefing schedule and hearing date for Plaintiffs' motion for class certification. There is good cause for modifying the existing schedule, and the need to do so is no fault of either party.
The Parties have diligently pursued discovery in this matter. Plaintiffs have served written discovery and have taken depositions of persons designated to testify on behalf of the defendant entities. Defendants have produced a large set of time and payroll records of putative class members, as well as various policy-oriented documents. A significant portion of class member records is electronic, and these records have been produced. However, time records for a significant portion of the class period are only available in paper form, and production of those records could not be produced until August 23, 2017.
Due to scheduling conflicts and the additional time required to produce records, Plaintiffs were not able to proceed with the deposition of the entity defendants on certain timekeeping and payroll topics until September 12 and 13, 2017. Further, Plaintiffs have not yet completed the analysis and processing of data necessary for class certification, in particular the analysis of paper records which are being converted to electronic format to be used efficiently in litigation. In addition, the Parties are scheduling the deposition of named plaintiffs, which Defendants prefer to occur prior to class certification. Finally, a number of documents responsive to discovery have been identified in deposition. The Parties are meeting and conferring regarding the production of these additional documents and anticipate that additional time is needed in order to complete this production.
Despite the exercise of diligence in pursuing discovery, the Parties are still working to complete discovery necessary for class certification. As such, the Parties respectfully request a continuance of all existing dates as proposed in the schedule below, or on a schedule that is suitable to the Court.
Current Date New Date
Moving Papers: 9/29/17 11/6/17
Opposition: 10/27/17 12/8/17
Reply: 11/17/17 12/29/17
Hearing: 12/5/17 1/16/18
Respectfully submitted,
ORDER
For good cause appearing, the briefing schedule and hearing date on Plaintiffs' motion for class certification is continued as follows:
Current Date New Date
Moving Papers: 9/29/17 11/6/17
Opposition: 10/27/17 12/8/17
Reply: 11/17/17 12/29/17
Hearing: 12/5/17 1/16/18 at 1:30 p.m.
IT IS SO ORDERED.
