MICHAEL E. BREWER, Bar No. 177912 ANNE-MARIE WAGGONER, Bar No. 173407 LITTLER MENDELSON A Professional Corporation 1255 Treat Boulevard, Suite 600 Walnut Creek, CA 94597 Telephone: 925.932.2468 email@example.com firstname.lastname@example.org Attorneys for Defendant GENTIVA HEALTH SERVICES, INC. C. Brooks Cutter, Bar No. 121407 Jeffrey A. Klafter John R. Parker Jr., Bar No. 257761 Seth R. Lesser KERSHAW, CUTTER & RATINOFF, LLP Fran L. Rudich 401 Watt Avenue KLAFTER OLSEN & LESSER LLP Sacramento, CA 95864 Two International Drive, Suite 350 Telephone: 916.448-9800 Rye Brook NY 10573 email@example.com Telephone: 914.934.9200 firstname.lastname@example.org email@example.com firstname.lastname@example.org email@example.com Attorneys for Plaintiffs CATHERINE WILKIE
STIPULATION AND ORDER TO MODIFY STATUS (PRETRIAL) SCHEDULING ORDER Action Filed: June 11, 2010 Trial Date: December 4, 2012
WHEREAS the parties have been engaged in active discovery in this litigation and are facing substantial costs and time relative to the outstanding discovery matters;
WHEREAS, in consideration of the facts and circumstances of the case, including the additional discovery that may be expected and what has been disclosed by discovery thus far, the parties participated in mediation on August 3, 2011, with David Geronemous, Esq. of JAMS in an attempt to resolve the present case;
WHEREAS the mediation is not yet completed and the parties have a conference call scheduled with the mediator on August 29, 2011, to discuss additional mediation efforts;
WHEREAS the parties have agreed to continue informal discovery in preparation for the mediation;
WHEREAS the pre-certification fact discovery cut-off in this action is currently September 9, 2011, and the pre-certification expert discovery cut-off is September 30, 2011, as extended by Court's Order of April 25, 2011;
WHEREAS, in lieu of just seeking to extend the present discovery schedule so as to permit its completion (at significant time and expense), the parties believe it would be pragmatic and practical to extend the current scheduling orders;
WHEREAS the Court's Order to Extend Pre-Certification Fact and Expert Discovery Cut-Offs and Briefing Schedule on Plaintiff's Motion for Class Certification of April 25, 2011, sets the briefing and hearing schedule on Plaintiff's Motion for Class Certification as follows: Plaintiff's moving papers filed by December 16, 2011, Defendant's opposition filed by December 30, 2011, Plaintiff's reply filed by January 6, 2012, and the hearing on the motion heard on January 13, 2012, at 10:00 a.m.; and
WHEREAS, successful mediation of the matter would obviate the burden and expense of additional formal discovery and motion practice:
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, February 18, 2011, March 23, 2011, and April 25, 2011, be modified with the Court's consent as follows, with respect to all pre-certification and post-certification dates:
1. The time to complete non-expert, pre-certification discovery shall be extended from September 9, 2011, to November 11, 2012.
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 September 30, 2011, to November 30, 2011.
b. The time for pre-certification rebuttal expert disclosures and written reports shall be extended from October ...