Opinion
MORRISON C. ENGLAND, Jr., District Judge.
Plaintiff Yesenia Melgar, on behalf of herself and all others similarly situated ("Plaintiff"), and Defendants Zicam LLC and Matrixx Initiatives, Inc. (collectively "Defendants"), by and through their respective attorneys, hereby stipulate as follows:
WHEREAS, Defendants filed a motion for summary judgment (Dkt. No. 69) and motions to exclude certain opinion testimony of designated expert Noel R. Rose (Dkt. No. 70) and of designated expert R. Barker Bausell (Dkt. 71), on August 6, 2015;
WHEREAS, after the parties met and conferred, Plaintiff filed a stipulation and proposed order setting the briefing schedule and extending the deadline to hear dispositive motions (Dkt. No. 80) and a stipulation and proposed order setting the briefing schedule for Defendants' motions to exclude certain expert testimony (Dkt. No. 81), on August 14, 2015;
WHEREAS, the Court extended the deadline for the last day to hear dispositive motions to November 12, 2015, pursuant to an Order entered on August 14, 2015 (Dkt. No. 84);
WHEREAS, the Court extended the deadline to file oppositions to Defendants' motion for summary judgment and motions to exclude certain opinion testimony to October 1, 2015 (Dkt. Nos. 84, 88);
WHEREAS, Defendants' replies in support of motion for summary judgment and motions to exclude certain opinion testimony are due on November 5, 2015;
ALAN J. LAZARUS, WILLIAM A. HANSSEN, ASHLEY K. CORKERY, DRINKER BIDDLE & REATH LLP, San Francisco, CA, Attorneys for Defendants, ZICAM LLC and MATRIXX, INITIATIVES, INC..
BURSOR & FISHER, P.A., L. Timothy Fisher, Annick M. Persinger, Julie A. Luster, Attorneys for Plaintiff, YESENIA MELGAR.
STIPULATION AND ORDER SETTING REVISED BRIEFING SCHEDULE FOR DEFENDANTS TO FILE REPLIES IN SUPPORT OF SUMMARY JUDGMENT AND MOTIONS TO EXCLUDE CERTAIN OPINION TESTIMONY AND EXTENDING THE DEADLINE TO HEAR DISPOSITIVE MOTIONS
WHEREAS, counsel for Defendants were engaged in trial longer than anticipated, from September 21 through October 16, 2015;
WHEREAS, following the trial, lead counsel for Defendants traveled to Florida on October 17, 2015 due to the illness and death of his parent;
WHEREAS, Plaintiff's counsel are scheduled to begin trial in Los Angeles on October 27, 2015;
WHEREAS, on October 20, 2015 the Court issued an order continuing the trial of this matter from February 8, 2016 to August 1, 2016, and the Final Pretrial Conference from December 17, 2015 to June 16, 2016.
WHEREAS, the parties have conferred and agreed to set a new briefing schedule for Defendants to file replies in support of their motion for summary judgment and motions to exclude certain opinion testimony to accommodate Defendants' counsel personal circumstance and the parties respective trial schedules;
WHEREAS, the parties respectfully request that the Court grant this extension to accommodate the personal circumstance of defense counsel;
WHEREAS, the parties now stipulate and agree to the entry of an Order extending the date of Defendants' replies in support of their motion for summary judgment and motions to exclude certain opinion testimony to on or before November 19, 2015;
WHEREAS, the parties now stipulate and agree to the entry of an Order extending the last day to hear dispositive motions to January 14, 2016;
WHEREAS, the parties now stipulate and agree to the entry of an Order extending the hearing date of Defendants' motions to exclude certain opinion testimony to January 14, 2016;
THEREFORE, IT IS HEREBY STIPULATED by and between the parties and their counsel that, upon the Court's grant of the proposed order submitted herewith:
1. The deadline for Defendants to submit replies in support of their motion for summary judgment; in support of their motion to exclude certain opinion testimony of Noel R. Rose; and in support of their motion to exclude certain opinion testimony of R. Barker Bausell is extended to on or before November 19, 2015;
2. Defendants will file their replies in support of their motion for summary judgment; in support of their motion to exclude certain opinion testimony of Noel R. Rose; and in support of their motion to exclude certain opinion testimony of R. Barker Bausell on or before November 19, 2015;
3. The last day to hear dispositive motions shall be extended to January 14, 2016;
4. The hearing on Defendants' motion for summary judgment and motions to exclude certain opinion testimony shall be on January 14, 2016 at 2:00 p.m., or on such other date that is convenient for the Court.
IT IS SO STIPULATED.
ORDER
Pursuant to the parties' stipulation, the Court hereby orders:
1. The deadline for Defendants to submit replies in support of their motion for summary judgment; in support of their motion to exclude certain opinion testimony of Noel R. Rose; and in support of their motion to exclude certain opinion testimony of R. Barker Bausell is extended to on or before November 19, 2015;
2. The last day to hear dispositive motions shall be extended to January 14, 2016;
3. The hearing on Defendants' motion for summary judgment; motion to exclude certain opinion testimony of Noel R. Rose; and motion to exclude certain opinion testimony of R. Barker Bausell shall be on January 14, 2016.
IT IS SO ORDERED.