The opinion of the court was delivered by: James Ware United States District Judge
This Document Relates To: ALL ACTIONS.
STIPULATION TO EXTEND TIME TO FILE MOTION FOR CLASS CERTIFICATION AND CONTINUE HEARING DATE AND ORDER AS MODIFIED
This Court, in its Scheduling Order dated May 14, 2009, set a hearing date on Plaintiffs' anticipated motion for class certification for December 7, 2009 at 9:00 a.m., and instructed the parties to meet and confer and determine a briefing schedule to be completed by November 16, 2009. In its Order dated July 1, 2009, the Court granted the parties' stipulation to continue the 5 hearing date for Defendant's anticipated motion to dismiss to October 19, 2009 at 9:00 a.m. The 6 parties have met and conferred with respect to the briefing schedules and, based on the reasons 7 set forth below, request that the Court continue the hearing on Plaintiffs' motion for class 8 certification until after the Court hears Defendant's motion to dismiss. The parties wish to continue the hearing on Plaintiffs' motion for class certification from December 7, 2009 to March 22, 2010.
The parties are in discussions regarding discovery, have exchanged information and documents informally and have exchanged information and documents formally pursuant to Defendant's motion to dismiss and, due to certain issues that will be adjudicated as part of the motion to dismiss, the parties agree it is more efficient to brief class certification after the Court has made its determinations with respect to the motion to dismiss.
Fed.R.Civ.P. 26. Accordingly, the case will be well underway by the time of the hearing on February 23, 2009
Furthermore, pursuant to the Court's comments on settlement at the
Case Management Conference, the parties have met and conferred regarding settlement and plan to hold a formal settlement conference before the end of the year. The parties do not believe it is necessary to decide class certification prior to that conference. The parties wish to prevent the need to notify the class twice in the event of settlement.
In any event, the briefing on class certification will be completed well in advance - over three months - before the Preliminary Pretrial Conference, which is currently set for June 14, 2010. Finally, all other deadlines set forth in the Scheduling Order will remain unaffected.
IT IS STIPULATED AND AGREED, by and between Plaintiffs and Defendant, through their counsel of record, subject to Court approval, that:
1. All briefing on any motion to dismiss shall be completed by September 28, 2009;
2. The hearing on Defendant's motion to dismiss remains set on October 19, 2009;
3. All briefing on the motion for class certification shall be completed by March 8, 2010, rather than November 16, 2009; and January 5, 2010; and
4. The hearing date for the motion for class certification currently set for December 7, 2009 at 9:00 a.m. shall be vacated and a new hearing date for the motion for class certification 6 shall be scheduled for ...