IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH, CENTRAL DIVISION

JULIE O’SHAUGHNESSY, individually, MEMORANDUM DECISION AND and on behalf of all others similarly situated, ORDER RE PLAINTIFF’S MOTION FOR SCHEDULING ORDER AND Plaintiff, SECOND AMENDED SCHEDULING ORDER vs. Civil No. 2:20-CV-00470-hcn-dbp YOUNG LIVING ESSENTIAL OILS, LC D/B/A YOUNG LIVING ESSENTIAL OILS, District Judge Howard C. Nielson, Jr.

Defendant. Chief Magistrate Judge Dustin B. Pead

This matter comes before the court on Plaintiff’s Motion for Scheduling Order. (ECF No. 171.)1 In essence the parties disagree concerning certain deadlines. Plaintiff argues Defendant’s proposed deadlines are unreasonable, and Defendant asserts Plaintiff’s proposed deadlines violate the court’s Order to Propose Schedule (ECF No. 108.) and create unnecessary delay. The court agrees that Plaintiff’s proposed deadlines do not comport with the principles and intent of the court’s Order to Propose Schedule that is intended to “secure the just, speedy, and inexpensive determination of every action and proceeding and fulfill the purposes of Rules 16 and 26 of the Federal Rules of Civil Procedure.” (ECF No. 108 p. 1.) The court therefore rejects Plaintiff’s proposed schedule and denies Plaintiff’s motion. See, e.g., Rimrock Constr., LLC v. Artisan Prop. Servs., Ltd., No. 2:21-CV-00192-JCB,

, at *2 (D. Utah July 27, 2021) (denying entry of a proposed schedule because it failed to comply with the court’s Order to Propose Schedule). The court enters the following Amended Scheduling Order that seeks to strike a balance between the parties’ positions. Pursuant to Rule 16 of the Federal Rules of Civil Procedure, the Court issues the following Scheduling Order.

Task Date Deadline to disclose experts (and April 7, 2023 produce written reports) in support of class certification. Deadline to disclose experts (and May 5, 2023 produce written reports) in opposition to class certification. Deadline to complete class certification June. 9, 2023 expert depositions. Deadline for Plaintiff to file her Motion June 30, 2023 for Class Certification. Deadline for Defendant to file its July 28, 2023 Response to Plaintiff’s Motion for Class Certification. Deadline for Plaintiff to file her Reply August 11, 2023 in support of her Motion for Class Certification. Class Certification Hearing Contact Judge Nielson’s chambers to schedule Deadline to submit Joint Report on September 15, 2023 Alternative Dispute Resolution Close of Fact Discovery January 5, 2024 Deadline to disclose experts (and February 9, 2024 produce written reports) in support of affirmative claims. Deadline to disclose experts (and March 8, 2024 produce written reports) in opposition to any affirmative claims or in response to a previously designated expert. Deadline to complete merits expert April 12, 2024, depositions. Deadline to file Dispositive Motions May 17, 2024 Deadline for filing a request for a May 24, 2024 scheduling conference with the district judge for the purpose of setting a trial date if no dispositive motions are filed

If dispositive motions are filed and the district judge's ruling on those motions does not resolve the case, the parties shall file a request for a scheduling conference with the district judge for the purpose of setting a trial date no later than one week after the ruling on the dispositive motions.

DATED this 9 January 2023.

Dusti-Bz Pyad United Stages Mapistrate Judge