Opinion
BENJAMIN D. BROWN, COHEN MILSTEIN SELLERS & TOLL, PLLC, Washington, D.C., Counsel for Plaintiffs and the Proposed Class
BERMAN DeVALERIO, A. Chowning Poppler, Joseph J. Tabacco, Jr., Christopher T. Heffelfinger, San Francisco, CA.
George F. Farah, COHEN MILSTEIN SELLERS & TOLL, PLLC, New York, NY.
Lynn L. Sarko, Mark A. Griffin, Cari Campen Laufenberg, KELLER ROHRBACK L.L.P., Seattle, WA.
Ron Kilgard, KELLER ROHRBACK L.L.P., 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.
STIPULATION AND ORDER RE STAYING DISCOVERY AND CLASS CERTIFICATION DISCOVERY DEADLINE
ANTHONY W. ISHII, Senior District Judge.
On this 9th day of November 2015, the parties having so stipulated;
WHEREAS, the current Scheduling Order provides that class certification-related discovery shall be completed by December 14, 2014;
WHEREAS, on September 25, 2015, Plaintiffs filed leave to amend the complaint to add new parties and claims, which motion was opposed;
WHEREAS, Plaintiffs' motion has not yet been ruled upon;
WHEREAS, the substance, timing and participants in various currently-noticed upcoming depositions may vary depending upon the resolution of the pending motion and proceeding with those depositions before resolution of the pending motion may cause confusion and potentially the need for witnesses to be re-deposed; and
WHEREAS, the parties, having met and conferred, believe the case would be best served with a stay of all discovery and the class certification discovery deadline pending a ruling on Plaintiffs' Motion For Leave To Amend Complaint (ECF No. 220);
IT IS STIPULATED as follows:
1. Class Certification Discovery Cut-Off and Briefing Deadlines.
(a) The deadline for class certification discovery (and associated deadlines for briefing class certification) shall be stayed until entry of an Order on Plaintiffs' Motion For Leave To Amend Complaint (ECF No. 220).
(b) Within fourteen days of entry of such Order, the parties shall submit to the Court a Status Report and a Proposed Amended Scheduling Order.
2. Discovery Pending the Order on Plaintiffs' Motion For Leave to Amend Complaint.
In the interest of judicial economy and efficiency, all discovery (including depositions of entities that plaintiffs' have proposed be added as parties) in the case will be stayed until the Court enters an Order on Plaintiffs' Motion for Leave to Amend Complaint. The parties may continue to meet and confer on existing pending discovery.
IT IS SO ORDERED.