McAllister v.St. Louis Rams, LLC

Filing 179

MEMORANDUM AND ORDER re: 159 MOTION for Hearing Motion For Rule 16 Conference And To Amend Case Management Order filed by Defendant The St. Louis Rams, LLC motion is DENIED IN PART AND GRANTED IN PART as described herein. IT IS FURTHER ORDERED that an Amended Case Management Order shall be filed by the Court. Signed by District Judge Stephen N. Limbaugh, Jr on 8/4/17. (MRS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
RONALD MCALLISTER,
Plaintiff,
v.
THE ST. LOUIS RAMS, LLC,
Defendants.

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No. 4:16-CV-172 SNLJ
No. 4:16-CV-189
No. 4:16-CV-262
No. 4:16-CV-297
CONSOLIDATED

MEMORANDUM AND ORDER
This matter is before the Court on defendant The St. Louis Rams, LLC’s motion
for Rule 16 Conference and to amend the Case Management Order (#159).
The parties are engaged in active discovery regarding class certification. Because
the parties were unable to find a mutually agreeable date on which to take the deposition
of defendant’s expert before the June 30, 2017 deadline, the parties agreed to extend that
deadline until they were able to find a mutually agreeable date. That deposition took
place on July 20 and 21, which was five weeks after the date defendant disclosed its
expert (and three weeks later than the original deadline).
The McAllister plaintiff’s counsel requested and received an extension of time in
which to name his rebuttal expert. That deadline is now August 11, which meant that the
July 20 deadline for deposing the rebuttal expert was unworkable. The defendant thus
seeks an modification to the remainder of the discovery and filing deadlines. The
McAllister plaintiff does not object to defendant’s proposal. The Envision and Arnold
plaintiffs, however, do object to the proposed extension in three respects:

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Class Certification Motion Deadline: Arnold and Envision wish to keep the class
certification motion deadline on August 3, and they intend to file and in fact did file their
motions that day. McAllister had already filed a class certification motion. Defendant
proposed that the plaintiffs file class certification motions by October 6, 2017.
Depositions of plaintiffs’ rebuttal experts: Arnold and Envision wish to keep the
August 25, 2017 deadling. Defendant, seeing that scheduling its expert’s deposition
required five weeks, proposed a five-week deadline of September 15, 2017.
Class Certification Motion Response Deadline: Arnold and Envision maintain that
the September 8, 2017 deadline is still appropriate for the defendant’s response.
Defendant seeks until the later of 30 days after the last plaintiff group files its motion or
October 6, 2017. Defendant points out that it requires time to work on its briefing after it
deposes plaintiffs’ experts.
In addition, defendant says that the additional time it seems is appropriate in light
of the newly-added third party defendant, the St. Louis Convention & Visitors
Commission (“CVC”).
The Court will grant the defendant’s motion in part. Class certification motions
will remain due on August 3, 2017, as they have already been filed. Depositions of
plaintiffs’ rebuttal experts shall take place by September 15, 2017. Defendant’s response
to the plaintiffs’ class certification motions shall be due October 6, 2017. Defendant’s
request for a Rule 16 conference is denied.

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Accordingly,
IT IS HEREBY ORDERED that defendant The St. Louis Rams, LLC’s motion
for Rule 16 Conference and to amend the Case Management Order (#159) is DENIED in
part and GRANTED in part as described herein.
IT IS FURTHER ORDERED that an Amended Case Management Order shall
be filed by the Court.

Dated this 4th

day of August, 2017.

STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

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