Square, Inc. et al v. REM Holdings 3, LLC

Filing 270

MEMORANDUM AND ORDER re: #261 MOTION to Amend/Correct PLAINTIFFS' MOTION TO MODIFY THE CASE MANAGEMENT ORDER filed by Defendant REM Holdings 3, LLC, Consolidated Filer Plaintiff Robert E. Morley, Jr., #264 Cross MOTION to Amend/Correct #155 Case Management Order - Amended, #261 MOTION to Amend/Correct PLAINTIFFS' MOTION TO MODIFY THE CASE MANAGEMENT ORDER / DEFENDANTS' CROSS-MOTION TO MODIFY THE CASE MANAGEMENT ORDER filed by Counter Defendant James McKelvey, Jr., Consolidated Filer Defendant Jack Dorsey, Counter Defendant Square, Inc. IT IS FURTHER ORDERED that parties' cross motions to amend the case management order (#261, #264) are GRANTED in part and DENIED in part as set forth in the memorandum. (ADR Completion Deadline due by 12/18/2015, ADR Compliance Report Deadline due by 1/4/2016, Discovery Completion due by 11/25/2015, Dispositive Motions due by 1/20/2016, Non-Dispositive Motions due by 1/20/2016.) Signed by District Judge Stephen N. Limbaugh, Jr on 11/18/15. (CSG)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

ROBERT E. MORLEY, JR., et al.
Plaintiffs,
vs.

SQUARE, INC., et al.,
Defendants.

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Case No. 4:14cv172
Case No. 4:10cv2243 SNLJ
CONSOLIDATED

and
SQUARE, INC., et al.
Plaintiffs,
vs.
REM HOLDINGS 3, LLC,
Defendant.

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MEMORANDUM AND ORDER
This matter is before the Court on the parties’ cross motions to amend the case
management order (#261, #264). More than thirty motions have been filed in this case
since June 2015, including five motions to compel, and total filings comprise
approximately 5,000 pages. The Court disposed of the final motion to compel (#192),
which finished briefing on October 20, 2015, today. Due to extensions, the addition of

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new motions, and the sheer volume of materials filed with the Court, the discovery and
motion schedule has been compromised.
This Court previously granted defendants’ request to extend the close of discovery
until the later of 30 days after resolution of the motions to compel, or 30 days after
completion of the document production resulting therefrom. Plaintiffs want to set a firm
deadline for fact discovery with the understanding that any discovery specifically ordered
by the Court as a result of the remaining motion to compel will be handled on a
case-by-case basis. In addition, plaintiffs want to modify the dispositive/expert motion
briefing schedule only slightly so as to preserve the June 13, 2016 trial date. Defendants
propose a more open-ended schedule culminating in dispositive/Daubert motions due 30
days after completion of expert discovery. The Court will set the amended schedule as
follows:
Event
Fact Discovery
Opening Expert Reports
Rebuttal Expert Reports
ADR Reference Terminates
Close of Expert Discovery
Dispositive Motions
Daubert Motions
Opposition Briefs
Reply Briefs
Jury Trial (one week)

Previous Deadline
Indefinite
Oct. 23, 2015
Nov. 20, 2015
Nov. 18, 2015
Dec. 4, 2015

Amended Deadline
Nov. 25, 2015
Nov. 25, 2015
Jan. 6, 2016
Dec. 18, 2015
Jan. 13, 2016

Dec. 11, 2015

Jan. 20, 2016

Jan. 8, 2016
Jan. 29, 2016
June 13, 2016

Feb. 17, 2016
Mar. 2, 2016
June 13, 2016

To the extent the parties need additional time in which to schedule and conduct
depositions or comply with court-ordered document productions, the fact discovery
deadline is flexible. It appears that only limited productions will be necessary at this

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point; the Court must review documents submitted in camera, but that task will be
completed in the near future. It is the Court’s understanding that the parties have
substantially prepared their opening expert reports in anticipation of the original October
23 deadline, so very little time should be required for those.
The briefing schedule set forth above is generous with respect to response and reply
periods. The parties are urged to keep to those deadlines. Any sur-reply must be filed no
later than March 7, 2016, so that the Court may begin addressing the motions effectively.
Finally, the jury trial for this matter is currently scheduled for one week. If either
party believes that this trial will take longer than the one week for which it has been
scheduled, it must advise the Court as soon as possible.
Accordingly,
IT IS FURTHER ORDERED that parties’ cross motions to amend the case
management order (#261, #264) are GRANTED in part and DENIED in part as set forth
in the memorandum.
Dated this

18th

day of November, 2015.

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STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

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