Walleye Trading LLC v. MINDBODY, Inc. et al

Filing 102

ORDER: IT IS HEREBY ORDERED that the following schedule is adopted: Deposition due by 12/23/2021., Discovery due by 12/23/2021., Expert Discovery due by 12/23/2021., Fact Discovery due by 11/22/2021., Motions due by 3/4/2022., Responses due by 2/18/2022, Replies due by 3/4/2022. IT IS FURTHER ORDERED that the parties may change interim deadlines upon consent and without leave of Court. The parties may not adjourn the final briefing deadline (i.e., all briefing on class certification and associated Daubert motions must be complete by March 4, 2022) or the November 22, 2021 fact discovery deadline without leave of Court. IT IS FURTHER ORDERED that if, at any time, both parties want a settlement conference with the assigned Magistrate Judge, they may submit a joint letter requesting a referral. And as set forth herein. SO ORDERED. (Signed by Judge Valerie E. Caproni on 9/09/2021) (ama)

Case 1:19-cv-08331-VEC Document 102 Filed 09/09/21 Page 1 of 2
USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
UNITED STATES DISTRICT COURT
DATE FILED: 9/9/2021
SOUTHERN DISTRICT OF NEW YORK
-------------------------------------------------------------- X
WALLEYE TRADING LLC, individually and on :
behalf of all others similarly situated,
:
:
Plaintiff,
:
:
19-CV-8331 (VEC)
-against:
:
ORDER
:
MINDBODY, INC., RICHARD L.
:
STOLLMEYER, AND BRETT WHITE,
:
:
Defendants. :
-------------------------------------------------------------- X
VALERIE CAPRONI, United States District Judge:
WHEREAS on September 9, 2021, the parties appeared for a status conference;
IT IS HEREBY ORDERED that the following schedule is adopted:
Event

Deadline

Plaintiffs’ Class Certification Motion and Opening Expert
Reports

Friday, October 15, 2021

Class Certification Discovery by Defendants (including fact
depositions and depositions of any experts whose opinions
are relied upon in support of Plaintiffs’ class certification
motion)
Defendants’ Class Certification Opposition;
Defendants’ Expert Reports; Any Daubert Challenge
to Plaintiffs’ Experts
Completion of Class Certification Discovery by Plaintiffs
(including depositions of any experts whose opinions are
relied upon by Defendants in opposing Plaintiffs’ class
certification motion)
Plaintiffs’ Class Certification Reply; Plaintiffs’ Response in
Opposition to Defendants’ Daubert Challenge; Cross
Daubert Challenge to Defendants’ Experts
Defendants’ Reply in Support of its Daubert Challenge of
Plaintiffs’ Experts; Defendants’ Response in Opposition to
Plaintiffs’ Daubert Challenge
Plaintiffs’ Reply in Support of Its Cross Daubert Challenge
to Defendants’ Experts
Interrogatories

Friday, November 5, 2021

Thursday, December 2, 2021

Thursday, December 23, 2021

Friday, January 14, 2022

Friday, February 18, 2022
Friday, March 4, 2022
Friday, October 22, 2021

Case 1:19-cv-08331-VEC Document 102 Filed 09/09/21 Page 2 of 2

Requests to Admit

Friday, October 22, 2021

Completion of Fact Discovery (including fact depositions)

Monday, November 22, 2021

Submission of Expert Reports for Party with Burden of
Proof on Issue

45 days after Court’s decision on
class certification

Expert Rebuttal Reports

35 days from opening expert reports

Expert Reply Reports

35 days from rebuttal reports

IT IS FURTHER ORDERED that the parties may change interim deadlines upon consent
and without leave of Court. The parties may not adjourn the final briefing deadline (i.e., all
briefing on class certification and associated Daubert motions must be complete by March 4,
2022) or the November 22, 2021 fact discovery deadline without leave of Court.
IT IS FURTHER ORDERED that if, at any time, both parties want a settlement
conference with the assigned Magistrate Judge, they may submit a joint letter requesting a
referral.

SO ORDERED.
________________________
VALERIE CAPRONI
United States District Judge

Date: September 9, 2021
New York, New York

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