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Carlin v. DairyAmerica, Inc., 1:09 CV 00430-AWI (EPG). (2018)

Court: District Court, E.D. California Number: infdco20180411728 Visitors: 3
Filed: Apr. 10, 2018
Latest Update: Apr. 10, 2018
Summary: CLASS ACTION STIPULATION AND ORDER TO FURTHER MODIFY SCHEDULING ORDER (ECF No. 547) ERICA P. GROSJEAN , Magistrate Judge . Pursuant to the parties' agreement, the parties hereby stipulate, and seek the Court's approval to modify the current scheduling order in two limited respects, as follows: WHEREAS, as previously advised, the parties engaged in a further mediation with Robert A. Meyer at JAMS on February 5, 2018; WHEREAS, the parties continue to diligently and in good faith discuss a
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CLASS ACTION

STIPULATION AND ORDER TO FURTHER MODIFY SCHEDULING ORDER (ECF No. 547)

Pursuant to the parties' agreement, the parties hereby stipulate, and seek the Court's approval to modify the current scheduling order in two limited respects, as follows:

WHEREAS, as previously advised, the parties engaged in a further mediation with Robert A. Meyer at JAMS on February 5, 2018;

WHEREAS, the parties continue to diligently and in good faith discuss a potential settlement of this case;

WHEREAS, on February 27, 2018, the Court approved the parties' request to stay the litigation for 45 days and modify the scheduling order in order to allow them to fully focus their efforts on the potential settlement of this case and avoid the substantial expense of potentially unnecessary discovery and motion practice (ECF No. 547);

WHEREAS, Plaintiffs have since made a settlement demand to Defendants, and the parties have agreed, pursuant to Mr. Meyer's advice and suggestion, to set April 24, 2018 as the deadline for Defendants to respond to that demand so as to provide sufficient time for the two Defendants, their respective Boards of Directors, and the implicated insurers and their counsel, to conduct the necessary reviews and approval processes, if and as needed, in order to fully respond to the demand;

WHEREAS, the parties have agreed, and request the Court's approval, to modify the case schedule solely to extend the interim April 12, 2018 deadlines for 1) completion of document productions; and 2) DairyAmerica to file a Request for Reconsideration by the District Court of the Magistrate Judge's Ruling Granting Plaintiffs' Motion to Compel. Those two deadlines would be extended to May 1, 2018 (ECF No. 542). The parties are sensitive to the Court's previous instruction that it was not inclined to move the schedule in this case and therefore wish to emphasize that all of the other existing deadlines in the case would remain unchanged;

WHEREAS, as a further showing of good faith and diligence, the parties agree, in the event that the case does not settle, to schedule 8 — 10 depositions in the month of May, 2018;

WHEREAS, the parties believe and agree that the interests of efficiency, economy, and expediency would be best served by modifying the case schedule in two limited respects, as requested herein;

NOW, THEREFORE, THE PARTIES STIPULATE AS FOLLOWS:

1. The deadline for the parties to complete document productions shall be extended to May 1, 2018.

2. The deadline for DairyAmerica to file a Request for Reconsideration by the District Court of the Magistrate Judge's Ruling Granting Plaintiffs' Motion to Compel shall be extended to May 1, 2018.

ORDER

Pursuant to the parties' stipulation, it is hereby ORDERED that:

1. The deadline for the parties to complete document productions shall be extended to May 1, 2018.

2. The deadline for DairyAmerica to file a Request for Reconsideration by the District Court of the Magistrate Judge's Ruling Granting Plaintiffs' Motion to Compel shall be extended to May 1, 2018.

IT IS SO ORDERED.

Source:  Leagle

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