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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF MICHIGAN

ROSE COULTER-OWENS,

Plaintiff,

Case No. 2:14-cv-12688

Honorable Robert H. Cleland

v.

RODALE, INC.,

Defendant.

JOINT AGREED MOTION TO MODIFY SCHEDULING ORDER

Plaintiff Rose Coulter-Owens and Defendant Rodale Inc. (collectively, the

“Parties”), by and through their respective undersigned counsel, hereby move the

Court to extend the remaining deadlines in the scheduling order by twenty-eight

(28) days. In support of this Motion, the Parties state as follows:

1. On October 17, 2015, this Court entered a Scheduling Order, setting

the dates through Trial. (Doc. 36.)

2. On November 4, 2015, the Parties participated in a mediation session

in Chicago before Retired Chief Judge James Holderman (previously of the

Northern District of Illinois) and made significant progress toward the ultimate

resolution of this matter.

3. Since then, the Parties have continued to discuss the potential for a

class-wide settlement, and have agreed to participate in further settlement

discussions with Judge Holderman in the coming weeks.

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4. Accordingly, the Parties request that the Court extend the remaining

dates on the current Scheduling Order by twenty-eight days to allow the Parties to

fully engage in continued settlement discussions with Judge Holderman, and to

conserve resources that would be necessary to spend on experts in the upcoming

few weeks under the current schedule, but that otherwise could be used toward

potential resolution. The Parties seek an extension of the Scheduling Order,

starting with Plaintiff’s deadline for expert disclosures, as outlined below:

Event Current Deadline Proposed Deadline

Deadline for Parties to

exchange initial disclosures.

March 23, 2015-

COMPLETED

COMPLETED

Deadline for joinder of

additional parties.

June 29, 2015-

COMPLETED

COMPLETED

Deadline for amendment of

pleadings.

June 29, 2015-

COMPLETED

COMPLETED

Deadline for All Fact Discovery November 13, 2015 COMPLETED1

Deadline for Plaintiffs’ expert

disclosures relating to class

certification.

November 30, 2015 December 28, 2015

Deadline for Defendants’

expert disclosures relating to

class certification.

January 11, 2016 February 8, 2016

1

The Parties have completed fact discovery, with the sole exception of one thirdparty deposition, which, by agreement, will be taken outside of the fact discovery

period, but prior to the proposed deadline for Plaintiff’s expert disclosures relating

to class certification (December 28, 2015).

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Event Current Deadline Proposed Deadline

Deadline for all

class certification expert

discovery.

February 1, 2016 February 29, 2016

Deadline for Motion for Class

Certification.

February 29, 2016 March 28, 2016

Deadline for Dispositive

Motions.

June 13, 2016 July 11, 2016

Rule 26(a)(3)(A) witness and

exhibit disclosures due.

August 15, 2016 September 12, 2016

Final Pretrial Order, Proposed

Stipulated Jury Instructions,

Motions in Limine.

September 19, 2016 October 17, 2016

Final Pretrial Conference. September 26, 2016 October 24, 2016

Trial. October 11, 2016 November 8, 2016

5. The instant motion is filed in good faith and not for purposes of

causing undue delay.

WHEREFORE, the Parties respectfully request this Court grant this Motion,

and extend the remaining dates on the Scheduling Order by 28 days.

Dated: November 16, 2015 Respectfully submitted by:

Plaintiff Rose Coulter-Owens Defendant Rodale Inc.

/s/ Ari J. Scharg

Ari J. Scharg

ascharg@edelson.com

Benjamin S. Thomassen

bthomassen@edelson.com

/s/ Natalie J. Spears

Natalie J. Spears

Anthony T. Eliseuson

Kristen C. Rodriguez

DENTONS US LLP

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James D. Larry

nlarry@edelson.com

EDELSON PC

350 North LaSalle Street, Suite 1300

Chicago, Illinois 60654

Tel: 312.589.6370

Fax: 312.589.6378

Henry M. Scharg – P28804

LAW OFFICE OF

HENRY M. SCHARG

718 Ford Building

Detroit, Michigan 48226

Tel: 248.596.1111

Fax: 248.671.0335

hmsattyatlaw@aol.com

Attorneys for Plaintiff

Rose Coulter-Owens

233 South Wacker Drive

Suite 7800

Chicago, IL 60606

(312) 876-8000

(312) 876-7934 (fax)

natalie.spears@dentons.com

anthony.eliseuson@dentons.com

kristen.rodriguez@dentons.com

Peter B. Kupelian (P31812)

Carol G. Schley (P51301)

CLARK HILL PLC

151 South Old Woodward Ave.

Suite 200

Birmingham, MI 48009

pkupelian@clarkhill.com

cschley@clarkhill.com

Attorneys for Defendant

Rodale Inc.

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85529246

CERTIFICATE OF SERVICE

I hereby certify that on November 16, 2015, I electronically filed the

foregoing paper with the Clerk of the Court using the ECF system which will send

notification of such filing to all attorneys of record.

/s/ Natalie J. Spears

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