Opinion
Case No. 8:06-cv-743.
August 7, 2007
THIS MATTER came before the court on the Stipulation of the parties [60]. The Court being fully advised in the premises hereby finds that the Stipulation should be and hereby is granted.
IT IS ORDERED that the parties' Stipulation [60] is granted, as follows:
1. Plaintiff's Motion to File a Second Amended Complaint [41] is granted. Plaintiff shall file and serve the amended pleading no later than August 13, 2007.
2. The pending Motion to Certify Class [43] is deemed withdrawn. Plaintiff shall refile the Motion to Certify the matter as a class action by August 17, 2007, based upon the Second Amended Complaint.
3. Depositions of all the Plaintiffs shall be conducted by August 17, 2007.
4. Defendants' Motion for Extension of Time [56] is granted, in that defendants shall have ten business days from the time of receiving the transcripts of the Plaintiffs' depositions to file their opposition to the refiled Motion of the Plaintiff to certify the matter as a class action.
5. Plaintiff shall have ten business days from the date of the Defendants' response to file a reply in support of the Motion to certify the matter as a class action.