Price et al v. L'Oreal USA, Inc. et al

Filing 288

ORDER: ORDERED that, Defendants shall file any motion for decertification of the classes certified by the Court's Order and Opinion at Docket No. 159, and the parties shall file any related motions to exclude expert testimony, according to the f ollowing schedule: Motions due by 10/30/2020., Responses due by 12/11/2020, Replies due by 1/22/2021. The parties shall comply with this Court's Individual Rules in filing the motion and supporting papers. The parties may file briefs that cons olidate the motions or, alternatively, mayfile separate briefs for each motion. Each party's total briefing on the motions, however, shall not exceed 55 pages. The parties shall limit any standalone briefs seeking to exclude expert testimony to seven pages for the moving brief, seven pages for the opposition brief and three pages for the reply brief, with the parties' respective briefs counting toward their total permitted 55 pages for briefing. For purposes of the limits on exhibits and declarations pursuant to this Court's Individual Rules, each party's motions shall be treated as a single motion. (Signed by Judge Lorna G. Schofield on 10/08/2020) (ama)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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:
BRANDI PRICE, et al.,
:
Plaintiffs, :
:
-against:
:
L’OREAL USA, INC., et al.,
:
Defendants. :
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17 Civ. 614 (LGS)
ORDER

LORNA G. SCHOFIELD, District Judge:
WHEREAS, pursuant to the Court’s Order at Docket No. 286, the parties filed, on
October 5, 2020, a joint letter proposing (i) a briefing schedule for Defendants’ motion for
decertification and any related Daubert motions and (ii) page limits for the parties’ papers. Dkt.
No. 287. It is hereby
ORDERED that, Defendants shall file any motion for decertification of the classes
certified by the Court’s Order and Opinion at Docket No. 159, and the parties shall file any
related motions to exclude expert testimony, according to the following schedule:
•

By October 30, 2020, Defendants shall file their motion for decertification and motion to
exclude the expert testimony of Dr. Jean-Pierre Dubé.

•

By December 11, 2020, Plaintiffs shall file any opposition to Defendants’ motion for
decertification and motion to exclude the expert testimony of Dr. Jean-Pierre Dubé, and
shall file any motions to exclude the testimony of experts on whom Defendants rely for
the motion for decertification (“Related Motions to Exclude Defendants’ Expert
Testimony”).

•

By January 8, 2020, Defendants shall file any reply in support of their motion for
decertification and motion to exclude the expert testimony of Dr. Jean-Pierre Dubé, and
shall file any opposition to Plaintiffs’ Related Motions to Exclude Defendants’ Expert

Testimony.
•

By January 22, 2021, Plaintiffs shall file any reply in support of their Related Motions to
Exclude Defendants’ Expert Testimony.
The parties shall comply with this Court’s Individual Rules in filing the motion and

supporting papers. The parties may file briefs that consolidate the motions or, alternatively, may
file separate briefs for each motion. Each party’s total briefing on the motions, however, shall not
exceed 55 pages. The parties shall limit any standalone briefs seeking to exclude expert
testimony to seven pages for the moving brief, seven pages for the opposition brief and three
pages for the reply brief, with the parties’ respective briefs counting toward their total permitted
55 pages for briefing. For purposes of the limits on exhibits and declarations pursuant to this
Court’s Individual Rules, each party’s motions shall be treated as a single motion.

Dated: October 8, 2020
New York, New York