STIPULATED MOTION AND ORDER TO ALTER CLASS CERTIFICATION SCHEDULE

NOTE ON MOTION CALENDAR: October 16, 2017

JAMES L. ROBART, District Judge.

Pursuant to LCR 7(d)(1), Plaintiff Veridian Credit Union ("Veridian") and Defendant Eddie Bauer LLC ("Eddie Bauer"), respectfully move this Honorable Court to alter the class certification schedule.

Pursuant to the Court's July 31, 2017 Amended Scheduling Order Regarding Class Certification (ECF No. 58), discovery is to be completed by October 30, 2017 and Veridian is required to file its motion for class certification by November 30, 2017.

On August 24, 2017, the parties submitted a Stipulation and Proposed Order regarding discovery of electronically stored information (ECF No. 62), which the Court signed on August 25, 2017 (ECF No. 63).

The parties have worked cooperatively to complete ESI discovery and meet the deadlines set by the Amended Scheduling Order. Eddie Bauer made an initial production of documents consisting of the PCI Attestation of Compliance for Onsite Assessments — Merchants; the PCI Report on Compliance for Eddie Bauer; and the Final PFI Report by Verizon Risk Team. Eddie Bauer's counsel has represented that in addition to these documents, it has searched for documents responsive to Plaintiff's First Requests for Production of Documents and has identified approximately 250,000 documents potentially relevant documents from a universe of approximately 1.25 million documents. The process to review and produce documents has been ongoing for the past month and Eddie Bauer estimates that it will begin producing these documents immediately and will continue such production of a rolling basis with productions of approximately 2,200 documents made each week from a population of responsive documents of about 6,500, the difference being responsive but privileged documents. Based on counsel for Eddie Bauer's estimation, if the analytic solutions recently developed are as effective as sampling suggests they will be, the production of responsive documents should be complete by early November. If the analytic solutions are not as effective as anticipated, production will continue until the latter part of November.

The parties further understand that Plaintiff will seek certain depositions once it has reviewed the documents and believe that such depositions can take place in January and February.

To this end, Eddie Bauer agreed to provide Veridian a Declaration regarding Eddie Bauer's ESI efforts by Monday, October 9, 2017.

Unfortunately, wildfires in Northern California have delayed Eddie Bauer's ability to meet the current schedule by threatening Eddie Bauer's eDiscovery liaison, who resides in the wildfires' voluntary evacuation zone and near several large active fires, including the Tubbs Fire.

The parties agree that based on the time needed to identify, review and produce responsive documents and to take necessary depositions, the deadlines to complete discovery and to move for class certification should be extended.

Therefore, the parties, having conferred on these dates, jointly move the Court to reset the following deadlines:

The parties request a telephone conference to discuss their request for an extension.

IT IS SO ORDERED.