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Catherine Wilkie, Individually and On Behalf of All Other Similarly Situated v. Gentiva Health Services

December 9, 2010

CATHERINE WILKIE, INDIVIDUALLY AND ON BEHALF OF ALL OTHER SIMILARLY SITUATED,
PLAINTIFF,
v.
GENTIVA HEALTH SERVICES, INC.,
DEFENDANT.



Action Filed: June 11, 2010

STIPULATION AND ORDER TO EXTEND PRE-CERTIFICATION FACT AND EXPERT DISCOVERY CUT-OFFS AND BRIEFING SCHEDULE ON PLAINTIFF'S MOTION FOR CLASS CERTIFICATION

Trial Date: April 10, 2012

STIPULATION AND ORDER TO EXTEND PRE(NO. 2:10-CV-01451-FCD-GGH) 1. CERTIFICATION DISCOVERY CUT-OFFS AND BRIEFING SCHEDULE ON CERTIFICATION

STIPULATION

WHEREAS the matter of Lisa Rindfleisch, Tiffany Melendez, Michelle Gentile, Laurie Baker and Christina Nelmes, on behalf of themselves and other similarly situated v. Gentiva Health Services, Inc., Civil Action No. 1:10-CV-03288-JEC ("Rindfleisch") is currently pending in the United States District Court for the Northern District of Georgia, and has been assigned the Honorable Julie E. Carnes for all purposes, having been transferred to the Northern District of Georgia from the United States District Court for the Eastern District of New York by Order dated October 13, 2010;

WHEREAS the Fair Labor Standards Act ("FLSA") collective action claims and members of the putative FLSA collection action classes in the above-captioned action and in Rindfleisch overlap in certain respects;

WHEREAS on July 23, 2010, Defendant filed a motion to transfer the above-captioned action to the district in which Rindfleisch is pending, and in opposition to Defendant's motion to transfer, Plaintiff stated that it is willing and able to coordinate discovery with Defendant's counsel and counsel for the Rindfleisch plaintiffs to the extent that the subjects of discovery overlap;

WHEREAS this Court denied Defendant's motion to transfer on September 16, 2010; WHEREAS the Judicial Panel on Multi-District Litigation has endorsed coordination of discovery in recent cases involving mixed FLSA and state law claims (see, e.g., In re: Rite Aid, 655 F.Supp.2d 1376, 1377 (J.P.M.L. 2009), In re CVS Caremark Corp. Wage and Hour Employment Practices Litigation, 684 F.Supp.2d 1377, 1379 (J.P.M.L. 2010));

WHEREAS counsel for the parties in the above-captioned action and in Rindfleisch have agreed that it is in the interests of efficiency and economy to attempt to coordinate discovery between the two actions;

WHEREAS Plaintiff has noticed the FRCP 30(b)(6) deposition of Defendant on 12 topics for December 14, 2010, and several subjects of that deposition overlap with subjects at issue in Rindfleisch;

WHEREAS counsel for Plaintiffs in Rindfleisch has expressed an inability to participate in Defendant's Rule 30(b)(6) deposition on December 14, 2010, and have represented that the earliest they can do so is in the latter part of January 2011;

WHEREAS the pre-certification fact discovery cut-off in this action is currently December 17, 2010, and the pre-certification expert discovery cut-off is February 24, 2011, as extended by Court's Order of November 4, 2010;

WHEREAS the Status (Pretrial Scheduling Order) issued September 17, 2010, sets the briefing and hearing schedule on Plaintiff's Motion for Class Certification as follows: Plaintiff's moving papers filed by February 25, 2011, Defendant's opposition filed by March 11, 2011, Plaintiff's reply filed by March 18, 2011, and the hearing on the motion heard on March 25, 2011, at 10:00 a.m.; and

WHEREAS, the parties cannot adhere to these deadlines and coordinate discovery with the Rindfleisch action, as Plaintiffs' counsel in Rindfleisch has represented that they are unable to participate in Defendant's Rule ...


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