Pension Trust Fund For Operating Engineers v. DeVry Education Group, Inc. et al

Northern District of Illinois, ilnd-1:2016-cv-05198

MOTION by Plaintiff Utah Retirement Systems for extension of time to complete discovery -- JOINT MOTION TO EXTEND THE DISCOVERY DEADLINES --

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Case: 1:16-cv-05198 Document #: 124 Filed: 04/12/19 Page 1 of 5 PageID #:2380 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION PENSION TRUST FUND FOR OPERATING ENGINEERS, Individually and on Behalf of All Case No. 1:16-CV-05198 Others Similarly Situated, Plaintiff, Hon. Jorge L. Alonso v. Magistrate Judge Young B. Kim DEVRY EDUCATION GROUP, INC., DANIEL HAMBURGER, RICHARD M. GUNST, PATRICK J. UNZICKER, AND TIMOTHY J. WIGGINS, Defendants. JOINT MOTION TO EXTEND THE DISCOVERY DEADLINES Lead Plaintiff Utah Retirement Systems ("URS" or "Lead Plaintiff") and Defendants Adtalem Global Education Inc., Daniel Hamburger, Richard M. Gunst, Patrick J. Unzicker, and Timothy J. Wiggins ("Defendants," and together with Lead Plaintiff "the Parties") jointly submit this motion to Extend the Discovery Deadlines. In support of this application, the Parties state as follows: 1. On December 20, 2018, the Court issued an Order denying Defendants' Motion to Dismiss. ECF No. 113. 2. On January 3, 2019, the Parties submitted a Joint Initial Status Report to the Court. The Report noted that that Parties attended a mediation session in September 2018 before the Honorable Layn R. Philips (retired) and that the Parties were planning to schedule a second mediation session. Case: 1:16-cv-05198 Document #: 124 Filed: 04/12/19 Page 2 of 5 PageID #:2381 3. On January 8, 2019, the Parties attended an Initial Status Conference before the Honorable Jorge J. Alonso. At the Conference, the Court set a discovery cutoff deadline of February 7, 2020 and referred the case to the Honorable Young B. Kim to supervise discovery. ECF Nos. 117, 118. 4. On January 10, 2019, Judge Kim entered the following Minute Order setting written discovery deadlines: Parties are ordered to adhere to the following written discovery schedule: (1) exchange Rule 26(a)(1) disclosures by February 22, 2019; (2) serve written discovery requests by March 1, 2019; (3) serve answers to written discovery requests by April 1, 2019; (4) confer about the adequacy of the discovery responses by April 12, 2019; and (5) file a joint status report identifying each side's written discovery issues, along with the relevant written discovery responses as exhibits by April 19, 2019. The court will not consider general objections to written discovery requests if the court must address and rule on written discovery disputes. If the parties do not have any disputed written discovery issues, a status report is not required. A status hearing is scheduled for April 24, 2019, at 11:00 a.m. in courtroom 1019 to discuss the written discovery issues identified. ECF No. 119. 5. The Parties have adhered to the discovery deadlines set forth in Judge Kim's Order. The Parties exchanged Rule 26(a)(1) disclosures on February 22, 2019; served written discovery requests on March 1, 2019; and served answers to the written discovery requests on April 1, 2019. 6. A second mediation session is scheduled in this matter on May 22, 2019 before Judge Philips. In light of the planned mediation, the Parties respectfully ask the Court to extend the upcoming discovery deadlines until after the mediation. The Parties propose the following schedule for written discovery: 2 Case: 1:16-cv-05198 Document #: 124 Filed: 04/12/19 Page 3 of 5 PageID #:2382 (a) The Parties will confer about the adequacy of the discovery responses by June 7, 2019; (b) If any disputes with regard to the discovery responses exist, the Parties will file a joint status report identifying each side's written discovery issues by June 14, 2019; and (c) A status hearing is scheduled for June 18, 2019, at 11:00 a.m. before the Honorable Young B. Kim courtroom 1019 to discuss any identified written discovery issues. 7. The Parties respectfully ask the Court to consider and approve the Parties' proposed schedule. Dated: April 12, 2019 Respectfully submitted, /s/ Carol C. Villegas Carol C. Villegas (pro hac vice) Jonathan Gardner (pro hac vice) Theodore J. Hawkins (pro hac vice) LABATON SUCHAROW LLP 140 Broadway New York, New York 10005 (212) 907-0700 cvillegas@labaton.com jgardner@labaton.com thawkins@labaton.com Mark S. Willis LABATON SUCHAROW LLP 1050 Connecticut Avenue, NW, Suite 500 Washington, D.C. 20036 202-772-1880 mwillis@labaton.com Counsel for Lead Plaintiff Utah Retirement Systems /s/ Mark R. Miller Kenneth A. Wexler Mark R. Miller WEXLER WALLACE LLP 55 West Monroe, Suite 3300 3 Case: 1:16-cv-05198 Document #: 124 Filed: 04/12/19 Page 4 of 5 PageID #:2383 Chicago, IL 60603 (312) 346-2222 kaw@wexlerwallace.com mrm@wexlerwallace.com Liaison Counsel for Lead Plaintiff Utah Retirement Systems /s/ William R. Andrichik Philip S. Khinda Patricia Palacios William R. Andrichik pkhinda@steptoe.com ppalacios@steptoe.com wandrichik@steptoe.com STEPTOE & JOHNSON, LLP 115 S. LaSalle Street, Suite 3100 Chicago, Illinois 60603 (312) 577-1300 Attorneys for Defendants Adtalem Global Education Inc. f/k/a DeVry Education Group, Inc., Richard M. Gunst, Patrick J. Unzicker, and Timothy J. Wiggins /s/ Sean M. Berkowitz Sean M. Berkowitz Eric R. Swibel LATHAM & WATKINS LLP 330 North Wabash, Suite 2800 Chicago, IL 60611 Telephone: (312) 876-7700 sean.berkowitz@lw.com eric.swibel@lw.com Attorneys for Defendant Daniel Hamburger 4 Case: 1:16-cv-05198 Document #: 124 Filed: 04/12/19 Page 5 of 5 PageID #:2384 CERTIFICATE OF SERVICE I hereby certify that on April 12, 2019, I caused the foregoing to be filed with the Clerk of the Court using the Court's CM/ECF system. Notice of this filing will be sent to all counsel of record through the Court's CM/ECF system. Dated: April 12, 2019 /s/ Theodore J. Hawkins Theodore J. Hawkins 5