Opinion
STIPULATION AND ORDER FOR AMENDING SCHEDULING ORDER
GARY S. AUSTIN, Magistrate Judge.
WHEREAS, on April 6, 2015, the Honorable Magistrate Judge Gary S. Austin approved the parties' joint scheduling statement [#208], and adopted the dates set forth in the joint scheduling statement with modifications by ordering class certification discovery (including the filing of any motions to compel) to be completed by July 20, 2015; and setting October 5, 2015 as the last day for Plaintiffs to file their motion for class certification, with Defendant to file its opposition by December 18, 2015, with Plaintiffs to file any reply brief by January 11, 2016, and with a hearing on Plaintiffs' motion for class certification to be heard on February 26, 2015;
WHEREAS the Court approved the parties' stipulation to extend the deadline for the close of class certification discovery to August 14, 2015 [#212];
WHEREAS, while the parties have completed a substantial amount of class and merits discovery, including approximately 20 depositions, serious personal issues of one of Plaintiff's lead attorneys has arisen and caused delays in fully completing class discovery;
WHEREAS the parties estimate that an additional eight weeks will allow them to complete class certification discovery and agree that the existing schedule should be modified accordingly;
Allison A. Davis, Sanjay Nangia, DAVIS WRIGHT TREMAINE LLP, San Francisco, CA, Charles M. English pro hac vice, DAVIS WRIGHT TREMAINE LLP, Washington, D.C., Joseph M. Marchini, BAKER MANOCK & JENSEN, PC, Fresno, CA, Attorneys for Defendant, DAIRYAMERICA, INC.
George Farah, Benjamin D. Brown, COHEN MILSTEIN SELLERS & TOLL, PLLC, Washington, DC, George F. Farah, COHEN MILSTEIN SELLERS & TOLL, PLLC, New York, NY, Joseph J. Tabacco, Jr., Christopher T. Heffelfinger, BERMAN DeVALERIO, San Francisco, CA, Lynn L. Sarko, Mark A. Griffin, Juli E. Farris, KELLER ROHRBACK L.L.P., Seattle, WA, Ron Kilgard KELLER ROHRBACK P.L.C., Phoenix, AZ, Counsel for Plaintiffs and the Proposed Class.
Now, therefore, the parties hereto do stipulate as follows:
1. Subject to Court approval, the case schedule shall now be as follows:
• October 14, 2015: close of class certification discovery
• December 7, 2015: Last day for Plaintiffs to file motion for class certification (and any accompanying expert disclosures, reliance materials, and data sets)
• February 26, 2016: Last day for Defendants to file opposition to Plaintiffs' motion for class certification
• March 21, 2016: Last day for Plaintiffs to file reply brief in support of motion for class certification
• To be supplied by Court: Hearing on motion for class certification
ORDER
Based on the foregoing stipulation of the parties and good cause appearing, the Court extends pre-certification scheduling dates as follows:
PREVIOUS DATE NEW DATE Discovery cutoff (class certification) August 14, 2015 November 13, 2015 Plaintiff's motion for class October 5, 2015 January 8, 2016 certification due Defendant's opposition to motion for December 18, 2015 March 21, 2016 class certification due Plaintiff's reply brief due January 11, 2016 April 18, 2016 Class certification hearing February 26, 2016 May 27, 2016 Time: 9:30 a.m. Time: 9:30 a.m. Dept.: 10 Dept.: 10
IT IS SO ORDERED.