STIPULATION AND ORDER FOR FURTHER EXTENSION OF CASE DEADLINES

WILLIAM H. ORRICK, District Judge.

Pursuant to Civil Local Rule 6-2, the parties stipulate to and jointly request a short extension of case deadlines and motion hearing date.

Procedural History and Prior Extensions. An initial case management scheduling order was entered on October 16, 2014. Dkt. 5. By stipulation, the Court entered an amended case management scheduling order on December 22, 2014. Dkt. 38. Following an in person meet and confer, on December 11, 2015 the Court entered a revised briefing and discovery schedule. Dkt. 92.

On June 7, 2016, Counsel for Plaintiffs Ilana Farar, Andrea Lopez, and Rosanne Cosgrove ("Plaintiffs") and Counsel for Defendants Bayer AG, Bayer Corporation, and Bayer HealthCare LLC (collectively, "Bayer") appeared before the Court telephonically to resolve a discovery dispute concerning the scope of Plaintiffs' Third Requests for Production. Dkt. 115. As part of its ruling, the Court extended the close of fact discovery from May 9, 2016 until July 9, 2016. Id.

On July 8, 2016, the parties filed a stipulation and proposed order on discovery and scheduling. Dkt. 119. Pursuant to the stipulation, the Court extended the discovery schedule which included extending the close of fact discovery from July 9, 2016 to September 9, 2016. Dkt. 120.

On September 6, 2016, Bayer filed a motion for extension of case deadlines to complete discovery which Plaintiffs did not oppose. Dkt. 124. The Court granted the motion and extended all case deadlines by 60 days.

On April 3, 2017, the Court reset deadlines as to the Motion for Summary Judgment Hearing for May 31, 2017 to fall on the law and motion calendar and coincide with the hearing on the Motion for Class Certification.

On February 1, 2017, the parties filed a joint stipulation for further extension of case deadlines (Dkt. 132). The purpose of the extension was to permit Bayer to depose Plaintiffs' expert witness Dr. Blonz on March 8, who was unavailable before then. The date for Bayer's response to Plaintiffs' class certification motion was March 13, 2017, and the parties sought an extension of deadlines to provide Bayer with the opportunity to depose Dr. Blonz and with adequate time to prepare its response brief. The Court granted the parties' joint request and moved the Class Certification Response from March 13, to March 24, 2017, Class Certification Reply from April 27 to May 10, 2017 and the Class Certification Hearing from May 17, to May 30, 2017.

Scheduling of Expert Depositions. On March 24, 2017, Bayer filed its opposition to class certification (Dkt. 135) and a motion for summary judgment ("MSJ") which it set for May 30, 2017 (Dkt. 136). Bayer's filings contained two expert reports, one from Dr. Jeffrey Blumberg (Dkt. 135-3), and the other from Dr. Ran Kivetz (Dkt. 135-4).

The parties agreed that Plaintiffs may depose Dr. Blumberg on April 14 in Boston and depose Dr. Kivetz on May 12 in New York.

Currently, the date for Plaintiffs' response to the summary judgment motion is due April 7, 2017 [pursuant to Local Rule 7.3(a)] and their reply in support of class certification is May 10, 2017.

The Parties have agreed to a short extension of deadlines to allow to Plaintiffs adequate time to depose Bayer's experts and prepare their class certification reply brief and brief in opposition to summary judgment.1

Requested Extension. The parties respectfully request that the Court extend the following case deadlines as follows:

The only effect on the schedule of the case (aside from briefing deadlines) would be to move the hearing on class certification and summary judgment from May 31, 2017 to August 23, 2017.

SIGNATURE ATTESTATION

The foregoing Stipulation and Proposed Order complies with Civil Local Rule 5-1(i)(3), I hereby attest that Mr. Cohn has concurred in this filing.

PURSUANT TO STIPULATION, IT IS ORDERED: