Michelo et al v. National Collegiate Student Loan Trust 2007-2 et al

Filing 189

ORDER: Fact and class discovery shall be completed no later than November 1, 2020. Plaintiffs shall file their class certification motion no later than December 2,2020. Defendants shall file their opposition papers no later than February 1, 2021 . Plaintiffs shall file their reply papers no later than March 15, 2021. Judge Moses will conduct a further telephonic discovery conference on August 4, 2020, at 10:00 a.m. At that time, the parties shall dial in to the following teleconference: ca ll-in number: [phone]; access code: 7746387. (As further set forth in this Order.) (Discovery due by 11/1/2020., Fact Discovery due by 11/1/2020., Motions due by 12/2/2020., Responses due by 2/1/2021, Replies due by 3/15/2021., Telephone Conference set for 8/4/2020 at 10:00 AM before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 6/24/2020) (cf) Modified on 6/24/2020 (cf). Modified on 6/24/2020 (cf). Modified on 6/24/2020 (cf).

Case 1:18-cv-01781-PGG-BCM Document 189 Filed 06/24/20 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
MUTINTA MICHELO, individually and on
behalf of all others similarly situated, et al.,

6/24/20
18-CV-1781 (PGG) (BCM)

Plaintiffs,
-againstNATIONAL COLLEGIATE STUDENT
LOAN TRUST 2007-2, et al.,
Defendants.
CHRISTINA BIFULCO, individually and on
behalf of all others similarly situated, et al.,
Plaintiffs,

18-CV-7692 (PGG) (BCM)
ORDER

-againstNATIONAL COLLEGIATE STUDENT
LOAN TRUST 2007-2, et al.,
Defendants.
BARBARA MOSES, United States Magistrate Judge.
The Court held a telephonic discovery conference in these actions on June 18, 2020. Prior
to the conference, the Court received and reviewed the parties' joint letter, dated June 15, 2020,
outlining a proposed schedule and several discovery disputes among the parties. (Dkt. No. 182 in
Case No. 18-cv-1781; Dkt. No. 122 in Case No. 18-cv-7692.) For the reasons stated on the
record during the June 18 conference, it is hereby ORDERED that:
1.

Deadlines.
a. Fact and class discovery shall be completed no later than November 1, 2020.
b. Plaintiffs shall file their class certification motion no later than December 2,
2020. Defendants shall file their opposition papers no later than February 1,
2021. Plaintiffs shall file their reply papers no later than March 15, 2021. If
the class certification motion raises issues requiring expert discovery, the
parties may request an extension of the briefing schedule (see Moses Ind.
Prac. § 2(a)).

2.

Documents Concerning TSI's Relationship with Forster & Garbus LLP. No later
than June 19, 2020, defendant TSI shall submit, via ECF, a copy of its privilege

Case 1:18-cv-01781-PGG-BCM Document 189 Filed 06/24/20 Page 2 of 2

log with respect to documents concerning TSI's relationship with Forster &
Garbus LLP that have been withheld on the basis of the attorney-client privilege.
3.

Next Discovery Conference.
a. No later than July 28, 2020, the parties shall file a joint letter, limited to six
pages in total (exclusive of attachments), updating the Court on the progress
of any disputes left unresolved by the June 18 conference as well as any new
disputes that arose after the June 18 conference. The parties shall attach the
relevant portions of the underlying discovery demands, responses, and
privilege logs.
b. Judge Moses will conduct a further telephonic discovery conference on
August 4, 2020, at 10:00 a.m. At that time, the parties shall dial in to the
following teleconference: call-in number: [phone]; access code:
7746387.

4.

Motion to Quash. The motion of defendant TSI and non-party Dudley Turner to
quash plaintiff's deposition subpoena for Turner was filed in this Court on May
22, 2020 in Case No. 18-cv-1781 (Dkt. No. 172), is deemed filed in Case No. 18cv-7692, and is now fully briefed. Notwithstanding Fed. R. Civ. P. 45(d)(3)
(which contemplates that a motion to quash a subpoena will be filed in "the
district where compliance is required"), the parties unanimously consented, on the
record during the June 18 conference, to the disposition of that motion by this
Court.

Dated: New York, New York
June 24, 2020

SO ORDERED.

________________________________
BARBARA MOSES
United States Magistrate Judge

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