In Re: Western States Wholesale Natural Gas Antitrust Litigation (MDL 1566)

Filing 2529

ORDER granting ECF No. 2507 Motion to Modify Class Certification and Merits Expert Report Deadlines. Signed by Magistrate Judge Peggy A. Leen on 8/17/2016. (Copies have been distributed pursuant to the NEF - KR)

Case 2:03-cv-01431-RCJ-PAL Document 2507 Filed 07/22/16 Page 1 of 5

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

IN RE: WESTERN STATES
WHOLESALE NATURAL GAS
ANTITRUST LITIGATION.
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THIS DOCUMENT RELATES TO:
Arandell Corporation., et al.
v. Xcel Energy Inc., et al.
Breckenridge Brewery of Colorado, LLC,
et al. v. ONEOK, Inc., et al.
Heartland Regional Medical Center, et al.
v. ONEOK, Inc., et al.
Learjet, et al. v. ONEOK, et al.

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NewPage Wisconsin System, Inc., et al. )
v. CMS Energy Resource Management )
Company, et al.
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MDL DOCKET NO. 1566
Base Case File No.
2:03-CV-S-1431-RCJ-PAL

2:07-CV-01019-RCJ-PAL

2:06-CV-01351-RCJ-PAL

2:07-CV-00987-RCJ-PAL

2:06-CV-00233-RCJ-PAL

CV-S-09-915-RCJ-PAL

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STIPULATION AND JOINT MOTION
WHEREAS, plaintiffs in the above-captioned cases filed their motions for class
certification on March 7, 2016; and
WHEREAS, defendants in the above-captioned cases filed a joint consolidated
opposition to class certification on June 24, 2016; and
WHEREAS, in conjunction with their opposition to class certification, defendants
disclosed six different expert witnesses, each of which produced a separate report on some aspect
of class certification; and

53620244.1

Case 2:03-cv-01431-RCJ-PAL Document 2507 Filed 07/22/16 Page 2 of 5

WHEREAS, the parties have worked together in good faith to schedule the depositions
of those six expert witnesses as quickly as possible; and
WHEREAS, based on the expert witnesses’ schedules and the availability of counsel,
expert witness depositions will not be complete until August 10, 2016, with additional time
likely required for final transcripts to be prepared; and
WHEREAS, plaintiffs requested an extension of time to file their reply briefs in support
of class certification to accommodate the deposition of defendants’ expert witnesses and allow
ample time to address defendants’ arguments in opposition to class certification; and
WHEREAS, Defendants’ merits expert reports are scheduled to be served on August 10,
2016, two days after plaintiffs’ reply papers are presently scheduled to be filed. The August 10
deadline for serving merits reports has been complicated by the need to schedule depositions for
those same experts in connection with class certification issues during the period from July 21,
2016 through August 10, 2016; and
WHEREAS, the parties have met and conferred in good faith and have agreed to extend
the current deadlines for plaintiffs’ reply briefs in support of class certification and for
defendants’ merits expert reports until September 9, 2016, and to further adjust the remaining
scheduling order consistent with the agreed extension of those deadlines.

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Case 2:03-cv-01431-RCJ-PAL Document 2507 Filed 07/22/16 Page 3 of 5

NOW THEREFORE, the parties hereby stipulate to and jointly move the Court to
modify the remaining deadlines on the scheduling order as follows:
Current Schedule

Stipulated Modification

Defendants to produce merits expert reports

August 10, 2016

September 9, 2016

Last day for Plaintiffs to depose Defendants’
class certification declarants and file replies in
support of class certification

August 8, 2016

September 9, 2016

Parties’ rebuttal merits expert reports

September 26, 2016

October 28, 2016

Last day to complete expert depositions

November 10, 2016

December 9, 2016

December 8, 2016

January 13, 2017

Last day to file dispositive motions and
suggestions to remand

IT IS SO ORDERED:

_______________________________________
Hon. Peggy A. Leen
United States Magistrate Judge

DATED:

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August 17, 2016

Case 2:03-cv-01431-RCJ-PAL Document 2507 Filed 07/22/16 Page 4 of 5

Respectfully submitted,
On behalf of All Plaintiffs for Purposes of This
Filling Only
/s/ Gregory M. Bentz
RUSSELL S. JONES
JENNIFER GILLE BACON
GREGORY M. BENTZ
POLSINELLI PC
900 West 48th Place, Suite 900
Kansas City, MO 64112
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs Learjet Inc., et al.,
Breckenridge Brewery of Colorado, LLC, et
al., Arandell Corp., et al., NewPage Wisconsin
System, Inc., et al., and Heartland
Regional Medical Center, et al.
-ANDWith Authorization, on Behalf of All
Defendants for Purposes of This Filing Only
/s/ Joseph A. Fischer, III
Joseph A. Fischer, III
JACKSON WALKER LLP
1401 McKinney, Suite 1900
Houston, Texas 77010
Telephone: [phone]
Facsimile: [phone]
Attorneys for the Dynegy Defendants

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Case 2:03-cv-01431-RCJ-PAL Document 2507 Filed 07/22/16 Page 5 of 5

CERTIFICATE OF SERVICE
I hereby certify that on the 22nd day of July, 2016, a true and correct copy of the
foregoing was electronically filed and served on counsel for all parties properly registered to
receive notice via the Court’s CM/ECF system.

/s/ Gregory M. Bentz

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