Rikard v. U.S. Auto Protection, LLC et al

Filing 90

MEMORANDUM AND ORDER AMENDING CASE MANAGEMENT ORDER IN REGARD TO MEDIATION TERMINATION DATE 80 IT IS HEREBY ORDERED that Defendants Motion to Amend Case Management Order to Extend Date for Termination of Mediation is granted and that the Case Management Order of November 30, 2011 is amended to reflect that the date by which mediation is to be completed is July 15, 2012. ( ADR Completion Deadline due by 7/15/2012.) Signed by Magistrate Judge Nannette A. Baker on 4/25/12. (CLA)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

LATREASE RIKARD, et al.,
Plaintiffs,
vs.
US AUTO PROTECTION, LLC, et al,
Defendants.

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Case No. 4:11-CV-01580-NAB

MEMORANDUM AND ORDER AMENDING CASE MANAGEMENT ORDER IN REGARD TO
MEDIATION TERMINATION DATE
Presently before the Court is Defendants’ Motion To Amend Case Management Order To Extend
Date for Termination of Mediation. Having fully considered the Motion, the Court grants the Motion.
On November 30, 2011, this Court entered a Case Management Order which included, inter alia,
a date by which mediation was to be completed. This date was May 1, 2012. The record reflects that
the parties faithfully attempted to meet this deadline by determining a date for mediation with the court
appointed mediator Richard Sher, Esq. for April 23, 2012.
On February 27, 2012, Plaintiff filed a Motion for Leave to file Second Amended Petition which
seeks to join several additional defendants. This Motion has not yet been ruled on so that it remains
possible that the additional individuals who plaintiff wishes to add as parties will become parties and
wish to mediate.
Additionally, on March 12, 2012, Defendants propounded discovery to Plaintiff Latease Rickard
as well as the other opt-in plaintiffs.

On April 13, 2012, Plaintiffs filed a motion for protective order to

limit their interrogatory responses and limit defendants’ attempts to conduct discovery in this matter.
The Defendants have represented to the Court that they anticipate briefing the motion for a protective
order to the Court for its decision as to the breadth and scope of discovery the Court may allow the
defendants.

Further, Defendants represent they are currently attempting to determine the availability of
computer log-in and log-out information which may provide additional evidence that Defendants may
want Plaintiff to consider at a mediation and trial.
In short, the status of the case and the discovery issues present, together with uncertainty as to
who may be the parties in this case, make it likely that mediation in the matter at this time will not be
productive. Furthermore, the Plaintiff does not object to Defendants’ motion.
IT IS HEREBY ORDERED that Defendants’ Motion to Amend Case Management Order to
Extend Date for Termination of Mediation is granted and that the Case Management Order of November
30, 2011 is amended to reflect that the date by which mediation is to be completed is July 15, 2012.

Dated this 25th day of April, 2012.
/s/ Nannette A. Baker
NANNETTE A. BAKER
UNITED STATES MAGISTRATE JUDGE

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