STIPULATION AND [PROPOSED] ORDER
WHEREAS, the this Court entered a Stipulation and Order ("Stipulated Order") on August 8, 2008;
WHEREAS, the Stipulated Order sets forth, inter alia, August 22, 2008 as the time for Defendant to file its reply papers in further support of its motion for summary judgment ("MSJ") and August 25, 2008 as the deadline for Plaintiff to file its reply papers in further support of (i) motion for court-facilitated notice pursuant to 28 U.S.C. § 216(b) and (ii) motion for class certification pursuant to Fed. R. Civ. P. 23 ("collectively "Certification Motions");
WHEREAS, the Court is scheduled to hear oral argument on Defendant's MSJ on September 8, 2008 and oral argument on the Certification Motions on November 17, 2008;
WHEREAS, Plaintiff has noticed an additional 30(b)(6) deposition to address certain topic areas not covered by Defendant's previous corporate designees and the parties are currently arranging for the scheduling of said deposition;
WHEREAS, the parties have conferred and believe that an adjustment in the scheduling of the forthcoming briefing is necessary so as to provide each side with an opportunity to fully prepare its respective positions;
THEREFORE, the parties STIPULATE and agree as follows:
(1) Defendant's reply to Plaintiff's response to Defendant's MSJ shall be filed on or before September 2, 2008;
(2) Plaintiff's replies to Defendant's oppositions to Plaintiff's Certification Motions shall be filed on or before September 5, 2008; and
(3) The hearing dates for the MSJ and Certification Motions shall remain as previously set forth in the Court's Order of August 8, 2008.
Having reviewed the stipulation of counsel, the Court hereby directs:
(1) Defendant to file its reply brief for its MSJ on or before September 2, 2008;
(2) Plaintiff to file his replies to Defendant's oppositions to Plaintiff's Certification Motions on or ...