NOT FOR PUBLICATION 

UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

 

:

JACLYN SANTOMENNO, KAREN POLEY, :

and BARBARA POLEY, et al., : Civil Action No. 11-736 (FSH)

:

 Plaintiffs, : ORDER

:

v. : Date: June 15, 2011

:

TRANSAMERICA LIFE INSURANCE :

COMPANY, TRANSAMERICA INVESTMENT :

MANAGEMENT, LLC, and TRANSAMERICA :

ASSET MANAGEMENT, INC., :

:

 Defendants. :

 :

This matter comes before the Court on the parties’ agreement to conduct limited

discovery related to the issue of the proper venue for this action; and

it appearing that Plaintiffs commenced this action with the filing of a Class Action

Complaint on February 8, 2011; and

it appearing that on May 16, 2011, Defendants filed Motions to Dismiss the Complaint

pursuant to Fed. R. Civ. P. 12(b)(6); and

it appearing that on May 16, 2011, Defendants also filed (1) a Motion to Transfer this

action to the United States District Court for the Central District of California, Western Division

and (2) a Motion to Stay Discovery in this matter pending resolution of the Motions to Dismiss

and to Transfer; and

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it appearing that the parties have agreed to conduct limited discovery with respect to the

issues raised by Defendants’ Motion to Transfer pursuant to the following terms and conditions:1

(a) Defendants will produce a Rule 30(b)(6) witness for deposition. 

Questioning shall be limited to matters relevant to Defendants’ motion to

change venue. The conduct of this deposition shall be without prejudice to

Plaintiffs’ right to conduct futher depositions on the merits of the case, and

this deposition shall not count as one of the ten depositions permitted by

Court rule.

(b) In advance of the Rule 30(b)(6) witness deposition, defendants will

produce to plaintiffs the documents relied upon by Darcy Hatton in the

preparation and execution of her declaration.

(c) The initial Rule 16 scheduling conference and all other discovery in this

matter shall be held in abeyance pending the earlier of the outcome of

Defendants’ Motion to Transfer Venue or Defendants’ Motions to

Dismiss;

and

it appearing that judicial economy requires that the pending motions in this case be based

upon the same factual record, developed during the agreed upon limited discovery, and be

presented to this Court concurrently; 

IT IS therefore on this 15 day of June, 2011, th

ORDERED that Defendants’ Motions to Dismiss, Transfer and Stay are terminated

pending the completion of the limited discovery set forth above; and it is further

ORDERED that Defendants may re-file their Motions to Dismiss and to Transfer not

later than July 29, 2011, with Plaintiffs’ oppositions to those motions due by August 19, 2011

and Defendants’ reply papers, if any, due by September 2, 2011; and it is further

 For the reasons set forth in this Order, this Court omits the briefing schedule agreed

1

upon by the parties in favor of a schedule which brings all pending motions in this action onto a

concurrent briefing schedule.

2

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ORDERED that the initial Rule 16 scheduling conference and all other discovery in this

matter will be held in abeyance pending the earlier of this Court’s issuance of a decision on

Defendants’ Motion to Transfer or Defendants’ Motions to Dismiss.

The Clerk of the Court is directed to terminate the motions: Docket Nos. 10, 11, 12 and

13.

/s/ Faith S. Hochberg 

HON. FAITH S. HOCHBERG, U.S.D.J.

3

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