Schmaltz v. O'Reilly Automotive Stores, Inc.

Filing 14

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendants Motion for Extension of Time to Conduct Discovery and to Respond to Plaintiffs Motion for Conditional Class Certification 11 is GRANTED as follows: Defendant is granted twenty-one (21) d ays from the date of this Order in which to conduct depositions of Plaintiff and the three affiants identified in Plaintiffs Motion for Conditional Class Certification;Prior to the scheduled depositions of Plaintiff and affiants, Defendant shall p roduce all policy documents that will be presented at said depositions; and Defendant is granted fourteen (14) days following the close of these four depositions to file its response to Plaintiffs Motion for Conditional Class Certification. IT IS FU RTHER ORDERED that the statute of limitations will be tolled for Plaintiffs class as it relates to the claims set out in their Complaint. IT IS FURTHER ORDERED that a scheduling conference pursuant to Fed.R.Civ.P. 16 is set for November 13, 2012 at 10:00 a.m. in the chambers of the undersigned. An Order Setting Rule 16 Conference will accompany this Memorandum and Order. Signed by District Judge John A. Ross on 9/10/2012. (RAK)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

ERIC M. SCHMALTZ,
individually, and on behalf of others
similarly situated, as Plaintiff/Class
representative,
Plaintiff,
v.
O’REILLY AUTOMOTIVE STORES,
INC.,
Defendant.

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No. 4:12-CV-1056-JAR

MEMORANDUM AND ORDER
This matter came before the Court on September 6, 2012 for a telephone status
conference on Defendants’ Motion for Extension of Time to Conduct Discovery and to Respond
to Plaintiff’s Motion for Conditional Class Certification [ECF No. 11]. Upon consideration, the
motion will be granted. In addition, because a delay in consideration of the Motion for
Conditional Class Certification is occasioned by Defendants’ request for extension of time, the
Court finds the statute of limitations should be tolled.
Accordingly,
IT IS HEREBY ORDERED that Defendants’ Motion for Extension of Time to Conduct
Discovery and to Respond to Plaintiff’s Motion for Conditional Class Certification [11] is
GRANTED as follows:
Defendant is granted twenty-one (21) days from the date of this Order in which to
conduct depositions of Plaintiff and the three affiants identified in Plaintiff’s Motion for
Conditional Class Certification;

Prior to the scheduled depositions of Plaintiff and affiants, Defendant shall produce all
policy documents that will be presented at said depositions; and
Defendant is granted fourteen (14) days following the close of these four depositions to
file its response to Plaintiff’s Motion for Conditional Class Certification.
IT IS FURTHER ORDERED that the statute of limitations will be tolled for Plaintiffs’
class as it relates to the claims set out in their Complaint.
IT IS FURTHER ORDERED that a scheduling conference pursuant to Fed.R.Civ.P. 16
is set for November 13, 2012 at 10:00 a.m. in the chambers of the undersigned. An Order
Setting Rule 16 Conference will accompany this Memorandum and Order.

Dated this 10th day of September, 2012.

______________________________
JOHN A. ROSS
UNITED STATES DISTRICT JUDGE

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