Opinion
03-C-0510-C.
December 28, 2004
ORDER
A scheduling hearing was held by telephone in this case on December 28, 2004, before United States District Judge Barbara B. Crabb. Plaintiffs appeared by John Goolsby. Lewis Perling appeared for defendant Equifax, Inc.; Eric Girvan appeared for defendant CSC Credit Services, Inc.; John Cento and Christopher Lane appeared for defendant Trans Union, LLC. There was no appearance for defendant Experian Information Solutions, Inc., which has reached a settlement with plaintiffs.
After hearing argument on the matter, I held that briefing on the supplemental summary judgment motions would go forward without any predetermined judicial limitation of the subjects of that briefing. Plaintiffs will be free to object to any issues raised by defendants that they think are beyond the scope of supplemental briefing and for which defendants have not shown good cause.
Although I am denying that portion of plaintiffs' motion to amend the briefing order on defendants' second amended summary judgment motion, I will correct the second sentence of the magistrate judge's December 9, 2004 order to read as follows: "Defendants seek to take advantage of the court's November 26, 2004 order in the present matter, in which the court changed its position from the position it had taken in McKeown v. Sears Roebuck Co. on an issue that defendants believe materially affects their ability to obtain summary judgment."
Defendant Trans Union's motion for an expansion of the supplemental summary judgment briefing schedule is GRANTED. Defendants' motion and supporting materials are due January 13, 2005. Plaintiffs' brief in opposition and supporting materials are due February 7, 2005. Defendants' reply brief and supporting materials are due February 18, 2005.
The discovery deadline set forth in the magistrate judge's final pretrial order is VACATED. Further, all discovery in this case is STAYED for sixty days from today's date.