Epstein v. World Acceptance Corporation et al

Filing 145

ORDER granting as modified 144 Joint MOTION to Amend/Correct Conference and Scheduling Order filed by Operating Engineers Construction Industry and Miscellaneous Pension Fund. Motions dismissed without prejudice: 121 MOTION to Certify Class filed by Operating Engineers Construction Industry and Miscellaneous Pension Fund. Signed by Honorable Mary Geiger Lewis on 8/12/2016. (abuc)

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
GREENVILLE DIVISION
EDNA SELAN EPSTEIN, Individually and on )
)
Behalf of All Others Similarly Situated,
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Plaintiff,
)
)
vs.
)
)
WORLD ACCEPTANCE CORPORATION, et )
al.,
)
)
Defendants.
)
)

Civil Action No. 6:14-cv-01606-MGL
CONSENT AMENDED CONFERENCE
AND SCHEDULING ORDER

Pursuant to the parties’ request, this Court hereby amends its January 14, 2016 Consent
Amended Conference and Scheduling Order (the “Scheduling Order”) (Dkt. No. 131) in this
action, as described more fully below.
With Defendants’ consent, on December 18, 2015, Lead Plaintiff filed a Second Amended
Complaint in this putative class action alleging claims under the federal securities laws.
Defendants filed their motion to dismiss the Second Amended Complaint on January 29, 2016
(Dkt. No. 132), and the motion has been fully briefed since April 8, 2016 (Dkt. No. 141). The
parties are currently awaiting the issuance of an order on the motion. Lead Plaintiff also filed its
motion for class certification on November 16, 2015 (Dkt. No. 121) and all briefing of the motion
has been stayed pending resolution of Defendants’ motion to dismiss. Accordingly, pursuant to
the request of the parties and for good cause shown, the Court amends the Scheduling Order to
only include the following deadlines and suspend all other deadlines:

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1. Since Defendants filed a motion to dismiss the Second Amended Complaint, all
briefing and discovery relating to Lead Plaintiff’s Motion for Class Certification (Dkt.
No. 121) shall be stayed pending resolution of the motion to dismiss.
2. Since Defendants filed a motion to dismiss the Second Amended Complaint, all
discovery relating to the new allegations in the Second Amended Complaint shall be
stayed pending resolution of the motion to dismiss.
3. Since Defendants filed a motion to dismiss the Second Amended Complaint, the parties
shall confer within five (5) days after the ruling on that motion concerning (i) the
briefing schedule on Plaintiff’s motion for class certification (Dkt. No. 121); (ii)
discovery relating to class certification; and (iii) discovery relating to the new
allegations in the Second Amended Complaint.
4. Since Defendants filed a motion to dismiss the Second Amended Complaint, the parties
shall confer within ten (10) days after the ruling on that motion concerning (i) all
fact and expert discovery deadlines; (ii) the deadline for filing a status report with the
Court; (iii) the deadline for completion of mediation; and (iv) the deadline for all other
motions, except those to complete discovery, those nonwaivable motions made
pursuant to Fed. R. Civ. P. 12, and those relating to the admissibility of evidence at
trial.
5. If necessary, the Court will enter a scheduling order setting a trial date and deadlines
for other trial-related matters after the Court has ruled on dispositive motions.
6. Lead Plaintiff’s Motion for Class Certification is DISMISSED WITHOUT
PREJUDICE and with leave to refile once the Court has issued its Order on
Defendant’s Second Motion to Dismiss.
IT IS SO ORDERED.

s/Mary Geiger Lewis
__________________________________________
THE HONORABLE MARY GEIGER LEWIS
UNITED STATES DISTRICT JUDGE
August 12, 2016
Columbia, South Carolina

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