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Catherine v. Gentiva Health Services

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


March 23, 2011

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

The opinion of the court was delivered by: Frank C. Damrell, Jr. United States District Judge

STIPULATION AND ORDER TO MODIFY STATUS (PRETRIAL) SCHEDULING ORDER ORDER MODIFIED FROM SUBMITTED VERSION

Action Filed: June 11, 2010 Trial Date: July 24, 2012

WHEREAS the FRCP 30(b)(6) depositions scheduled for March 8 and 9, 2011, in Overland Park, Kansas, were canceled due to the illness of Plaintiff's counsel;

WHEREAS the parties have rescheduled those FRCP 30(b)(6) depositions for April 19, 20, and 21, 2011, which were the first mutually convenient dates for the witnesses and counsel for the parties;

WHEREAS by stipulation of the parties, Plaintiff intends to seek leave of Court to file a Second Amended Complaint;

WHEREAS fact discovery cut-off in this action is currently April 1, 2011, and the pre-certification expert discovery cut-off is June 3, 2011, as extended by Court's Order of February 18, 2011;

WHEREAS the Court's February 18, 2011, Order to Modify Status (Pretrial) Scheduling Order, sets the briefing and hearing schedule on Plaintiff's Motion for Class Certification as follows: Plaintiff's moving papers filed by July 8, 2011, Defendant's opposition filed by July 22, 2011, Plaintiff's reply filed by July 29, 2011, and the hearing on the motion heard on August 5, 2011, at 10:00 a.m.;

WHEREAS, the parties cannot adhere to these deadlines and complete the FRCP 30(b)(6) depositions prior to pre-certification discovery deadlines; and

THEREFORE, IT IS HEREBY STIPULATED AND AGREED that the Court's Status (Pretrial Scheduling) Order, filed September 17, 2010, as modified by Court's orders on November 4, 2010, December 9, 2010, and February 18, 2011, be modified with the Court's consent as follows, with respect to the following pre-certification dates, only:

1. The time to complete non-expert, pre-certification discovery shall be extended from April 1, 2011, to April 22, 2011.

2. The pre-certification expert disclosure schedule shall be modified as follows:

a. The time for each party to designate in writing, file with the court, and serve upon all other parties the name, address, and area of expertise of each expert proposed, accompanied by a written report prepared and signed by the expert, shall be extended from April 27, 2011, to May 18, 2011.

b. The time for pre-certification rebuttal expert disclosures and written reports shall be extended from May 18, 2011, to June 8, 2011.

c. The time to complete pre-certification expert discovery shall be extended from June 3, 2011, to June 24, 2011.

3. The class motion schedule shall be modified as follows:

a. Plaintiff's Motion for Class Certification shall be filed by July 29, 2011.

b. Defendant's opposition shall be filed by August 12, 2011.

c. Plaintiff's reply shall be filed by August 19, 2011.

d. The hearing on the motion shall be on August 26, 2011, at 10:00 a.m., or such subsequent date as the Court may set.

IT IS SO STIPULATED.

Anne-Marie Waggoner Michael E. Brewer Anne-Marie Waggoner LITTLER MENDELSON A Professional Corporation Attorneys for Defendant, GENTIVA HEALTH SERVICES, INC. Dated: March 23, 2011 Michael Palitz Seth Lesser Fran L. Rudich Michael Palitz KLAFTER OLSEN & LESSER LLP Attorneys for Plaintiff, CATHERINE WILKIE

ORDER

Based on the foregoing Stipulation of counsel for the parties, and good cause appearing, it is hereby ordered that the Court's Status (Pretrial Scheduling) Order, filed September 17, 2010, as modified by the Court's Orders of November 4, 2010, December 9, 2010, and February 18, 2011, is further modified as follows:

1. The time to complete non-expert, pre-certification discovery shall be extended from April 1, 2011, to April 22, 2011.

2. The pre-certification expert disclosure schedule shall be modified as follows:

a. The time for each party to designate in writing, file with the court, and serve upon all other parties the name, address, and area of expertise of each expert proposed, accompanied by a written report prepared and signed by the expert, shall be extended from April 27, 2011, to May 18, 2011.

b. The time for pre-certification rebuttal expert disclosures and written reports shall be extended from May 18, 2011, to June 8, 2011.

c. The time to complete pre-certification expert discovery shall be extended from June 3, 2011, to June 24, 2011.

3. The class motion schedule shall be modified as follows:

a. Plaintiff's Motion for Class Certification shall be filed by August 5,2011.

b. Defendant's opposition shall be filed by August 19, 2011.

c. Plaintiff's reply shall be filed by August 26, 2011.

d. The hearing on the motion shall be on September 2, 2011, at 10:00a.m.

IT IS SO ORDERED.

Dated: March 23, 2011

20110323

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