Filed: Sep. 05, 2014
Latest Update: Sep. 05, 2014
Summary: JOINT STIPULATION AND [PROPOSED] ORDER STAYING PRETRIAL DEADLINES PENDING POTENTIAL SUBSTITUTION OF CLASS REPRESENTATIVE CLASS ACTION JURY TRIAL DEMANDED RICHARD SEEBORG, District Judge. Pursuant to Local Rule 6-1 and 6-2, Plaintiff Vincent D. Mullins ("Plaintiff"), and Defendant Premier Nutrition Corporation ("Defendant"), through their respective counsel of record (collectively, "the Parties"), hereby stipulate and agree, subject to the Court's approval, as follows: As a result of a d
Summary: JOINT STIPULATION AND [PROPOSED] ORDER STAYING PRETRIAL DEADLINES PENDING POTENTIAL SUBSTITUTION OF CLASS REPRESENTATIVE CLASS ACTION JURY TRIAL DEMANDED RICHARD SEEBORG, District Judge. Pursuant to Local Rule 6-1 and 6-2, Plaintiff Vincent D. Mullins ("Plaintiff"), and Defendant Premier Nutrition Corporation ("Defendant"), through their respective counsel of record (collectively, "the Parties"), hereby stipulate and agree, subject to the Court's approval, as follows: As a result of a di..
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JOINT STIPULATION AND [PROPOSED] ORDER STAYING PRETRIAL DEADLINES PENDING POTENTIAL SUBSTITUTION OF CLASS REPRESENTATIVE CLASS ACTION JURY TRIAL DEMANDED
RICHARD SEEBORG, District Judge.
Pursuant to Local Rule 6-1 and 6-2, Plaintiff Vincent D. Mullins ("Plaintiff"), and Defendant Premier Nutrition Corporation ("Defendant"), through their respective counsel of record (collectively, "the Parties"), hereby stipulate and agree, subject to the Court's approval, as follows:
As a result of a discovery ruling requiring Plaintiff to travel from his home in Illinois to San Francisco for deposition, Plaintiff has decided he no longer wishes to act as a class representative in this action. Plaintiff's counsel have been retained by Kathie Sonner, a person who wishes to serve as the class representative. The parties are meeting and conferring regarding the potential substitution of Ms. Sonner as the class representative. No later than September 12, 2014, Plaintiff's counsel will either submit a stipulation and proposed order for leave to dismiss Plaintiff and to amend to substitute Ms. Sonner as the named plaintiff or will file a motion requesting such leave to dismiss and so amend.
Meanwhile, the initial expert disclosure deadline for any experts for summary judgment and class certification in this matter is currently September 12, 2014, with supplemental expert disclosures currently due October 10, 2014. The deadline for all dispositive pretrial motions and motion for class certification is January 15, 2015. Because Plaintiff has decided he no longer wishes to act as a class representative in this action, and the Court has not yet ruled on a potential substitution of Ms. Sonner as proposed class representative, the Parties wish to postpone these dates until such time as the Court rules on whether Plaintiff may be dismissed and Ms. Sonner may be substituted as the named plaintiff. This is the third time the Parties have sought an extension of the expert disclosure deadlines, and the deadlines have only been extended by a total of four weeks. This is the first time the Parties have sought a modification of the deadlines relating to dispositive motions and class certification. A trial date has not been set in this matter.
NOW, THEREFORE, IT IS HEREBY STIPULATED by and between the Parties, through their respective counsel and subject to the Court's approval, that:
1) the September 12, 2014, deadline for the Parties to exchange initial expert disclosures for summary judgment and class certification, the October 10, 2014, deadline for the Parties to exchange supplemental expert disclosures for summary judgment and class certification, and the deadlines for filing and serving dispositive pretrial motions and motions for class certification are stayed pending the Court's ruling on whether Plaintiff may be dismissed and Plaintiff's counsel is permitted to file a first amended class action complaint; and
2) within 14 days following the Court's ruling on whether Plaintiff may be dismissed and Plaintiff's counsel is permitted to file a first amended class action complaint, the Parties shall submit a joint status report and proposed pretrial scheduling order setting new deadlines.
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
[PROPOSED] ORDER
Having reviewed the above Stipulation and Proposed Order Staying Pretrial Deadlines Pending Potential Substitution of Class Representative, IT IS HEREBY ORDERED that the Court finds that good cause exists for the entry of this Order.
IT IS SO ORDERED.
