Opinion
CLASS ACTION FOURTH STIPULATION TO AMEND THE SCHEDULING ORDER ORDER THEREON
ANTHONY W. ISHII, Senior District Judge.
Effective this 6th day of October 2015, the parties recite and stipulate as follows:
RECITALS
WHEREAS, on August 6, 2015, based on a stipulation entered into by the parties, the Honorable Magistrate Judge Gary S. Austin extended the pre-certification schedule [#219] and ordered class certification discovery (including the filing of any motions to compel) to be completed by November 13, 2015 and Plaintiffs' motion for class certification to be filed by January 8, 2016, with Defendant to file its opposition no later than March 21, 2016, with Plaintiffs to file any reply brief no later than April 18, 2016, and with a hearing on Plaintiffs' motion for class certification to be heard on May 27, 2016;
WHEREAS, on September 25, 2015, the Plaintiffs filed a motion for leave to amend the complaint to add causes of action and defendant parties;
WHEREAS, the parties have agreed to extend the briefing schedule regarding Plaintiffs' motion for leave to amend the complaint, and also to extend the page limits for the opposition and reply briefs in response to that motion;
WHEREAS, in light of Plaintiffs' motion for leave to amend the complaint and the associated briefing schedule, the parties have agreed to extend the deadline for the close of class certification discovery and the filing of the motion for class certification;
Now, therefore, the parties hereto do stipulate as follows:
BERMAN DeVALERIO A. Chowning Poppler, Joseph J. Tabacco, Jr, Christopher T. Heffelfinger San Francisco, CA, Benjamin D. Brown COHEN MILSTEIN SELLERS & TOLL, PLLC Washington, DC, George F. Farah COHEN MILSTEIN SELLERS & TOLL, PLLC New York, NY, 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.
DAVIS WRIGHT TREMAINE LLP Allison A. Davis Sanjay M. Nangia San Francisco, CA, Charles M. English, Jr. DAVIS WRIGHT TREMAINE LLP Washington, D.C., Joseph M. Marchini BAKER MANOCK & JENSEN, PC Fresno, CA, Counsel for Defendant DairyAmerica, Inc.
1. Subject to court approval, the briefing schedule regarding Plaintiffs' motion for leave to amend the complaint should now be as follows:
• October 23, 2015: Last day for Defendants to file opposition to Plaintiffs' motion for leave to amend the complaint.
• November 6, 2015: Last day for Plaintiffs to file reply brief in support of their motion for leave to amend the complaint.
• November 16, 2015, at 1:30 PM, Courtroom 2: Hearing on motion for leave to amend the complaint.
2. Subject to court approval, the page limits for the briefs in response to Plaintiffs' motion for leave to amend the complaint, should now be as follows:
• Opposition Brief: The opposition brief may be up to, but will not exceed, 35 pages in length.
• Reply Brief: The reply brief may be up to, but will not exceed, 20 pages in length.
3. Subject to court approval, the pre-certification case schedule should now be as follows:
• December 14, 2015: close of class certification discovery.
• February 9, 2016: Last day for Plaintiffs to file motion for class certification (and any accompanying expert disclosures, reliance materials, and data sets).
• April 22, 2016: Last day for Defendants to file opposition to Plaintiffs' motion for class certification.
• May 20, 2016: Last day for Plaintiffs to file reply brief in support of motion for class certification.
• July 8, 2016, at 10:00 AM, Courtroom 10: Hearing on motion for class certification.
ORDER
IT IS SO ORDERED.