Opinion
23-cv-1391RSL
12-01-2023
McKENNA DUFFY and MICHAEL BRETT, individually and on behalf of all others similarly situated, Plaintiff, v. YARDI SYSTEMS, INC., et al. Defendants.
STIPULATED MOTION AND ORDER RE: BRIEFING SCHEDULE/ PROCEDURE
ROBERT S. LASNIK, UNITED STATES DISTRICT JUDGE
Pursuant to Local Civil Rules 7(d)(1) and 10(g), Plaintiffs McKenna Duffy and Michael Brett (“Plaintiffs”), and Defendant R.D. Merrill Real Estate Holdings, LLC (“Merrill”), by and through their respective counsel, hereby stipulate as follows:
1. WHEREAS, on October 31, 2023, the Court granted in part Plaintiff's Motion to Deem R.D. Merrill Real Estate Holdings, LLC, Substituted for Pillar Properties, LLC, and directed that Plaintiff's amended complaint be served on Merrill. (ECF No. 108);
2. WHEREAS, on November 15, 2023, the First Amended Class Action Complaint was served on Merrill. (ECF No. 121);
3. WHEREAS, pursuant to Rule 12 of the Federal Rules of Civil Procedure, the deadline for Merrill to file its answer or otherwise respond to the First Amended Class Action Complaint currently is December 6, 2023.
THEREFORE, Plaintiffs and Merrill STIPULATE AND AGREE that:
In the interest of judicial efficiency, Plaintiffs and Merrill will adopt the Rule 12 briefing schedule and procedures in the Court's November 9, 2023 Order (ECF No. 118) for Merrill's Rule 12 response to the First Amended Class Action Complaint.
In the interest of judicial efficiency, the previously filed Joint Status Report (ECF No. 119) should apply to Merrill as if Merrill were a signatory as a Lessor Defendant to that document, such that Plaintiffs and Merrill need not submit a duplicative Joint Status Report.
IT IS SO ORDERED.