Opinion
2:22-cv-00412-RFB-BNW
11-29-2022
EVERETT BLOOM, on behalf of himself, and those similarly situated, Plaintiff, v. ZUFFA, LLC, Defendant.
GUTRIDE SAFIER LLP SETH SAFIER (ADMITTED PRO HAC VICE) MARIE A. MCCRARY (ADMITTED PRO HAC VICE) HAYLEY REYNOLDS (ADMITTED PRO HAC VICE) KALI BACKER (ADMITTED PRO HAC VICE) ANTHONY PATEK (ADMITTED PRO HAC VICE) MARKMAN LAW DAVID MARKMAN (NEVADA BAR. NO. 12440) ATTORNEYS FOR PLAINTIFF WILSON SONSINI GOODRICH & ROSATI PROFESSIONAL CORPORATION VICTOR JIH (ADMITTED PRO HAC VICE) SUSAN K. LEADER (ADMITTED PRO HAC VICE) ALI RABBANI (ADMITTED PRO HAC VICE) STEPHANIE V. BALITZER (ADMITTED PRO HAC VICE) CAMPBELL & WILLIAMS J. COLBY WILLIAMS, ESQ. (NEVADA BAR NO. 5549) ATTORNEYS FOR DEFENDANT ZUFFA, LLC
GUTRIDE SAFIER LLP SETH SAFIER (ADMITTED PRO HAC VICE) MARIE A. MCCRARY (ADMITTED PRO HAC VICE) HAYLEY REYNOLDS (ADMITTED PRO HAC VICE) KALI BACKER (ADMITTED PRO HAC VICE) ANTHONY PATEK (ADMITTED PRO HAC VICE)
MARKMAN LAW DAVID MARKMAN (NEVADA BAR. NO. 12440) ATTORNEYS FOR PLAINTIFF
WILSON SONSINI GOODRICH & ROSATI PROFESSIONAL CORPORATION VICTOR JIH (ADMITTED PRO HAC VICE) SUSAN K. LEADER (ADMITTED PRO HAC VICE) ALI RABBANI (ADMITTED PRO HAC VICE) STEPHANIE V. BALITZER (ADMITTED PRO HAC VICE)
CAMPBELL & WILLIAMS J. COLBY WILLIAMS, ESQ. (NEVADA BAR NO. 5549) ATTORNEYS FOR DEFENDANT ZUFFA, LLC
JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE DEADLINES FOR CLASS CERTIFICATION
BRENDA WEKSLER, UNITED STATES MAGISTRATE JUDGE
This stipulation is between Plaintiff, Everett Bloom, on behalf of himself, the general public and those similarly situated (“Plaintiff”) and Zuffa, LLC (“Defendant”). The Parties have agreed as follows:
WHEREAS, the Court's May 25, 2022 Case Management Order (ECF 32) set a deadline of January 4, 2023, for Plaintiff's motion for class certification and disclosure of experts and expert reports relating to class certification, as well as attendant opposition and reply deadlines.
WHEREAS, following the Case Management Order, the parties negotiated Protective and ESI Orders that were mutually agreeable, which were adopted by this Court on July 26, 2022 (ECF 36 & 37).
WHEREAS, in accordance with the ESI Order, the parties have been meeting and conferring in good faith to agree upon a search methodology for Defendant's production of electronically stored information (“ESI”). See ECF 37 at 2.
WHEREAS, the parties have made significant progress in this regard and reached agreement on an initial set of custodians and search terms on October 27, 2022 (the “agreed ESI searches”).
WHEREAS, Defendant has and will continue to produce documents on a rolling basis in response to Plaintiff's first set of requests for production and pursuant to the agreed ESI searches.
WHEREAS, Plaintiff believes additional time is necessary to review those documents, obtain follow-up searches, and conduct informed depositions prior to the current January 4, 2022 motion for class certification deadline.
WHEREAS, the parties have met and conferred and agree that the case schedule should be extended by 90 days to allow additional time for discovery.
Therefore, the parties hereby stipulate to a 90-day extension of the current class certification briefing schedule, as follows:
• The deadline for Plaintiff's Motion for Class Certification and Disclosure of Expert(s) and Export Report(s) Relating to Class Certification will be due by April 4, 2023;
• Defendant's Opposition to Motion for Class Certification and Disclosure of Expert(s) and Expert Report(s) Relating to Class Certification will be due by June 2, 2023 (i.e., 59 days after Plaintiff's Motion is filed);
• Plaintiff's Reply Brief in Support of Motion for Class Certification and Rebuttal Expert Report(s) in Support of Class Certification will be due by August 1, 2023 (60 days after Zuffa's Opposition is filed);
• Hearing on Motion for Class Certification shall be 14 days after Plaintiff's Reply is filed, or as soon thereafter as the parties may be heard.
ORDER
The Court having considered the Parties' joint stipulation, and good cause appearing: IT IS ORDERED THAT:
• The deadline for Plaintiff's Motion for Class Certification and Disclosure of Expert(s) and Export Report(s) Relating to Class Certification will be due by April 4, 2023;
• Defendant's Opposition to Motion for Class Certification and Disclosure of Expert(s) and Expert Report(s) Relating to Class Certification will be due by June 2, 2023 (i.e., 59 days after Plaintiff's Motion is filed);
• Plaintiff's Reply Brief in Support of Motion for Class Certification and Rebuttal Expert Report(s) in Support of Class Certification will be due by August 1, 2023 (60 days after Zuffa's Opposition is filed);
• Hearing on Motion for Class Certification shall be 14 days after Plaintiff's Reply is filed, or as soon thereafter as the parties may be heard.
IT IS SO ORDERED