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Kowalski v. Yellowpages.com

December 11, 2009

AL KOWALSKI, PLAINTIFFS,
v.
YELLOWPAGES.COM, LLC, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Esther Salas United States Magistrate Judge

PRETRIAL SCHEDULING ORDER

THIS MATTER having come before the Court for a scheduling conference pursuant to Fed. R. Civ. P. 16 on December 11, 2009; and for good cause shown,

IT IS on this 11th day of December, 2009,

ORDERED THAT:

PHASE I. CLASS CERTIFICATION DISCOVERY AND MOTION PRACTICE

This phase of discovery related to Plaintiffs's motion for class certification application is not intended to encompass full merits-related discovery but may involve some controlled discovery into aspects of the merits of Plaintiffs's claims herein relevant to the Court's evaluation of whether the requirements of Fed. R. Civ. P. 23 have been met and whether class certification is appropriate.

The following schedule shall apply to Phase I discovery:

1. Fact Discovery Deadline. Fact discovery pertaining to issues of class certification shall end on August 30, 2010. All fact witness depositions must be completed by the close of fact discovery. No discovery is to be issued or engaged in beyond that date, except upon application and for good cause shown.

2. Motions to Amend Pleadings. Any motion to amend pleadings must be returnable no later than TBD.

3. Rule 26 Disclosures. The parties shall exchange disclosures as required pursuant to Fed. R. Civ. P. 26. Plaintiffs's disclosures shall be due no later than January 15, 2010. There shall be no limit to the number of requests for the production of documents.

4. Interrogatories. The parties may serve interrogatories limited to twenty-five (25) single questions, including subparts and requests for production of documents, on or before February 15, 2010,which shall be responded to by March 26, 2010. There shall be no limit to the number of requests for the production of documents.

5. Plaintiff shall file its motion for class certification, along with any supporting fact affidavits and/or declarations, including any expert reports and/or affidavits/declarations relied upon in connection therewith and subject to the provisions of Fed. R. Civ. Proc. 26(a)(2), no later than February 14, 2011.

6. Defendants shall file its Opposition to the Plaintiffs's motion for class certification no later than March 14, 2011.

7. Plaintiffs shall file their respective reply papers in connection with its motion for class certification no later than April 8, 2011.

8. The parties shall serve its written discovery requests, including any addressed to fact witnesses as well as any affiants/declarants and/or experts Plaintiff relies upon, within ten (10) days after Plaintiff ...


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