HILL v. THE HOOVER COMPANY et al

Filing 123

ORDER granting 122 Joint MOTION to Amend/Correct to the extent that any previously imposed deadlines are vacated - a Rule 16 Conference is set for 4/19/2013 at 09:00 AM in U.S. Courthouse Gainesville before CHIEF JUDGE M CASEY RODGERS; signed by CHIEF JUDGE M CASEY RODGERS on 4/2/13. (tss)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION

JENNIFER HILL, on behalf of herself
and all other person similarly situated,
Plaintiffs,
v.

Case No.: 1:06cv96-SPM/GRJ

THE HOOVER COMPANY, a foreign
corporation doing business in Alachua
County, Florida, and HOOVER
COMPANY, I,
Defendants.
_________________________________/
ORDER
This cause of action originated in the Eighth Judicial Circuit Court in and for Alachua
County, Florida and was removed to this court on May 9, 2006. (See doc. 1). Defendants
filed a motion to remand the case back to state court (doc. 7), which was denied (see doc.
22). Thereafter, upon the parties’ request, all proceedings in the case were stayed to allow
the parties time to “explore the possibility of settlement.” (See docs. 28 - 45). After
extensive informal negotiations were ineffective and court-ordered mediation failed, the
stay was finally lifted on April 4, 20121, defendants were directed to file a responsive
pleading2, and the parties were directed to submit a revised joint report with a proposed
discovery plan.3 (See doc. 69).

1

The parties’ first joint request to stay was filed April 2, 2007. (Doc. 28). The stay was continued
num erous tim es, at the parties request, to further settlem ent negotiations, for a period of five years.
2

Upon leave of court, plaintiffs filed a Second Am ended Com plaint on May 1, 2012. (Doc. 79).
Defendant’s filed a m otion to dism iss for failure to state a claim (doc. 86), which was granted in part and
denied in part by order dated October 1, 2012 (doc. 102). Defendants answer to the Second Am ended
Com plaint was filed October 17, 2012. (Doc. 106)
3

The parties filed independent reports (docs. 80, 82), with defendants requesting a stay of discovery
pending a ruling on the pending m otion to dism iss.

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The court granted plaintiffs request to extend the deadline to file for class
certification until 60 days after the defendants filed their answer to the Second Amended
Complaint, creating a filing deadline of December 17, 2012. (See doc. 78). The parties
jointly requested an extension to that deadline, which the court granted, creating the
current deadline of April 1, 2012. (See doc. 110). This cause is now before the court on
the parties’ Joint Motion to Amend Deadlines. (Doc. 122). The parties seek to extend the
deadline for filing plaintiffs’ motion for class certification to July 23, 2013. The parties also
wish to extend other discovery deadlines.4 Given the age of this action,5 the protracted
stay pending settlement negotiations, and other interruptions and extensions experienced
thus far, the court deems it appropriate to conduct a Rule 16 conference to establish a firm
and effective class certification and pretrial schedule so that the litigation of this matter may
proceed without further delay.
Accordingly, the parties’ motion to extend deadlines (doc. 122) is GRANTED to the
extent that any previously imposed deadlines are vacated. A Rule 16 conference will be
conducted before the undersigned judge in the Gainesville Courthouse on Friday, April 19,
2013, at 9:00 AM, after which the court will issue a scheduling order imposing new
deadlines.
DONE and ORDERED this 2nd day of April, 2013.

s/

M. Casey Rodgers

M. CASEY RODGERS
CHIEF UNITED STATES DISTRICT JUDGE

4

The parties subm itted an Am ended Rule 26 Report on February 21, 2013, setting forth a proposed
discovery plan. (See doc. 117). The pending m otion, filed one m onth later, suggests extensions to each of
the dates proposed in the parties’ joint report.
5

This case has been pending on this court’s docket for just one m onth short of seven years.

Case No.: 1:06cv96-SPM/GRJ