Haley et al v. Merial, Limited et al

Filing 227

AGREED ORDER Amending Deadlines related to class certification issue. Signed by Jane M Virden on 8/9/11. (ncb)

IN TIIE IJNITED STATES DISTRICT COURT
FOR TFIE NORTIIERN DISTRICT OF MISSISSIPPI
GREENVILLE DTVISION

NEA], HALEY AND SIIERRY HALEY, ET

AI.

VS.

PLAINTIFFS
CIVIL ACTIONNO. 4:09-CV-094-P-V

MERIALLIMITED, NTSRIAI I,LC, AND

MERIAL,iNC.

DEFENDANTS

AGREED SCEEDT]LING ORDER
Following this Court's Ruling [Doc. 178] denying Plainfiffs' motion to terminate the
deposition ofDr. Peter Rost, this Court set a deadline for the resumption of the deposition of Dr.
Peter Rost [Doc.

180]. Thereafter, Plaintitrs

appealed

tlis

Court's denial of thet motion to

terminate the depositio4 of Dr. Peter Rost. On February 7, 2011, this Court then entered an
Agreed Order [Doc. 185] revising the deadlines depeniling upon which way the District Judge
decided Plaintiffs' appeal.
On July, 26,2011,the

Distict

Judge affirmed

poc.2}4fthis Court's Ruling [Doc. 178].

of Dr. Rost's schedule, the resumption of his depositioo cannot occur within

the

deadline set by this Court [Doc. 185], The parties have now agreed upon a schedule that

will

for

each

Because

accommodate the scheduling problems of Dr. Rost and

ofthe deadlines

set by earlier orders

will

also provide specific dates

ofthis Court. The parties agree to the following schedule:

FIRST: On September 13, 2011, the deposition of Dr. Peter Rost will resume at 9:30
a.m. at the same location. Dr. Rost shall bring to

tle

deposition all documents and materials

required by the originai subpoena as if it were for production on September 13,201L.

SECOND: on or before september 23,2011, Defense counsel shall file an affidavit of
costs and reasonable expenses incurred

in completing the deposition and responding to the Rule

26(c) motion for protective order and the rule 30(d) motion to terminate or limit the depositiou

of

Dr. Peter Rost [Doc. 153].

THIRD: On or before September 28, 2011, Plaintiffs may file

any response in opposition

to Defense counsel's affidavits.

FOURTTI: On or before October 4, 2011, Defendant will designate aay

class

certifi cation expert witnesses.

FIFTH: On or before November 4,201I, the parties will complete any reuoaining

class

certifi cation discovery.

SD(TH: On or before December 9,

201.1.,

will file their motion for

Plaintiffs

class

cedification.

SEVENTH: On or before January 20, 2012, Defenda:rt will file its rebponse to Plaiatiffs,
nnotion for class certifrcation.

EIGHTH:
l€sponse to

On or before February 3,2012, Plaintiffs

will file any reply to Defendant's

Plaintiffs' motion for class certification.

NINTH: All other deadlines previously
effect.
SO ORDERED

AND ADJLIDGED this

AGREED AS TO FORM:

set in this case shall remain in fulI force and

Ah'- of
day

the I

August, 2011.

,//

/

L/, /+ARCHIE GRI.IBB
Counsel for Plaintiffs

LEE DAVIS TIIAMES
Counsel for Defendants
Jackson 6726540v1