Top Branch Environmental Services, Inc. v. Hoodridge Unlimited, Inc. et al

Filing 110

ORDER denying as moot 81 Motion to Certify Class; granting 83 Motion For Leave to File Second Amended Class Action Complaint; and granting 84 Motion for Enlargement of Deadline to Seek Leave to Amend Plaintiff's Motion for Class Certification. Signed by Judge William J. Zloch on 12/16/2008. (bc)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 08-60767-CIV-ZLOCH TOP BRANCH ENVIRONMENTAL SERVICES, INC., Plaintiff, vs. HOODRIDGE UNLIMITED, INC., et al. Defendants. / THIS MATTER is before the Court upon Plaintiff's Motion For Class Certification (DE 81), Plaintiff's Motion For Leave To File Second Amended Class Action Complaint (DE 83), Plaintiff's Motion For Enlargement Of The Deadline To Seek Leave To Amend Plaintiff's Motion For Class Certification (De 84). The Court has carefully OMNIBUS ORDER

reviewed said Motions and the entire court file and is otherwise fully advised in the premises. The Court notes that the Scheduling Order (DE 53) for Phase I of this case was entered based on the recommendation of the Parties. The Court chose not to impose its own schedule on the

Parties based on the representation of counsel that they had conferred and had come to a mutually agreeable timetable to

facilitate the fluid progression of this case.

Since the entry of

the Scheduling Order, Plaintiff has requested multiple extensions of time. The granting of such requests inevitably complicates the The Court will grant the

schedule set out by the Court previously.

instant requests but cautions Plaintiff not to rely on further extensions when deciding how it will prosecute this case. Regarding Plaintiff's Motions To Amend (DE Nos. 83 & 84), the Court advises the Parties that such motions are often best resolved by conferring with one another as directed by the Local Rules. The

Court has previously denied motions filed by Plaintiff for failure to comply with Local Rule 7.1.A.3 and will not hesitate to do so in the future if Plaintiff fails to comply. However, to expedite this matter, the Court will grant Plaintiff's Motions To Amend and will reset its deadlines to ensure that no Party suffers prejudice. Accordingly, after due consideration, it is ORDERED AND ADJUDGED as follows: 1. Plaintiff's Motion For Class Certification (DE 81) be and the same is hereby DENIED as moot; 2. Plaintiff's Motion For Leave To File Second Amended Class Action Complaint (DE 83) be and the same is hereby GRANTED; 3. Plaintiff's Motion For Enlargement Of The Deadline To Seek Leave To Amend Plaintiff's Motion For Class Certification (De 84) be and the same is hereby GRANTED; 4. The deadlines for Phase I shall be as follows: a. By noon on Friday, January 16, 2009, Plaintiff shall file its Motion For Class Certification, if any; b. By noon on Friday, March 13, 2009, the Parties shall complete Phase I discovery;

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c. By noon on Friday, April 10, 2009, Defendants shall file their Memoranda In Opposition to Plaintiffs' Motion For Class Certification; and d. By noon on Friday, April 24, 2009, Plaintiffs shall file a Reply Memorandum, if any, to Defendants' Memoranda In

Opposition; and 5. intact. DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida, this 16th day of December, 2008. All other previously imposed deadlines shall remain

WILLIAM J. ZLOCH United States District Judge Copies furnished: All Counsel of Record

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