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- ncmd;;1:16-cv-01088_de97 RegisterActionDate "2018-07-03" @default.
- ncmd;;1:16-cv-01088_de97 RegisterActionDescriptionText "TEXT ORDER granting in part 70 Joint Motion for Extension of Time. The parties shall complete Phase I discovery by 10/31/2018 and the Court reserves the right to accelerate Phase II discovery (including requiring its completion during the pendency of any post-Phase I dispositive motions). During this extension of the Phase I discovery period, the parties shall proceed according to the terms of their Joint Stipulation regarding ESI Discovery dated 07/03/2018, which will be docketed in this case. As stated on the record at the hearing commenced on 06/26/2018 and continued on this day, the parties have shown good cause for an extension of the Phase I discovery period, including because of unavoidable delays associated with a government-instigated change in Defendant's corporate leadership, the class opt-in process, and third-party vendors' possession of electronically-stored information ("ESI") of Defendant. As also articulated at the hearing, however, the Court found that some delay also was attributable to disagreements and related protracted (then-still-unresolved) negotiations between the parties about the manner and methods of searching and producing ESI, as well as that the parties' request for a six-month extension of the Phase I discovery period would unreasonably delay the final resolution of this case (particularly given the anticipated post-Phase I dispositive motion briefing and additional Phase II damages discovery, if the case survives that dispositive motion practice). The parties thereafter engaged in productive negotiations that resulted in their agreement to the Joint Stipulation regarding ESI Discovery dated 07/03/2018. With that agreement, the Court concludes that an extension of the Phase I discovery period to 10/31/2018 is appropriate, but the Court reserves the right to accelerate the Phase II discovery period (including by requiring its completion during the pendency of any post-Phase I dispositive motions), if the Court deems such action necessary to ensure a timely final resolution of this case. The Court thanks counsel for the parties for their concerted efforts over the last week to bring about a resolution of the ESI-related disputes and encourages them to continue to work diligently and cooperatively to meet the new deadlines associated with the Phase I discovery period. Issued by MAG/JUDGE L. PATRICK AULD on 07/03/2018. (AULD, L.) (Entered: 07/03/2018)" @default.
- ncmd;;1:16-cv-01088_de97 AdministrativeID "None" @default.
- ncmd;;1:16-cv-01088_de97 hasJudgeReference SJ004076 @default.
- ncmd;;1:16-cv-01088_de97 hasReferenceToOtherEntry ncmd;;1:16-cv-01088_de89 @default.