* Some folks believed that the “60 days” language meant something big was coming in early November…

Well, 60 days have come and gone… and bupkis.

* This joint motion filed by the plaintiffs and defendants Exelon/ComEd and its current execs along with a separate Sidley & Austin team for former Exelon/ComEd honcho Anne Pramaggiore was filed yesterday…

On September 23, 2021, this Court granted the unopposed motion of the United States to intervene and stay discovery while the parties to this action and the government negotiated a proposed protective order concerning certain discovery materials. The Order stayed discovery in this action “for sixty days, or until a protective order is issued, whichever is earlier.” The Order also struck all previously set deadlines and stated that, “[u]pon completion of the discovery stay, Lead Plaintiff and Defendants shall submit a joint proposed amended scheduling order, reflecting an extension of deadlines commensurate with the length of the stay.”

On November 4, 2021, the United States submitted to the Court’s email a proposed amendment to the protective order (the “Confidentiality Order Amendment”), as contemplated by the Order. The Confidentiality Order Amendment would prohibit the Parties from requesting discovery into certain matters, including communications with the government, but contemplates continued discovery into other matters. The Confidentiality Order Amendment expires on February 15, 2022, and the government may move for an extension.

Upon the entry of the Confidentiality Order Amendment, the discovery stay will end under the terms of the Order.

Pursuant to ¶4 of the Order, Lead Plaintiff and Defendants jointly propose that the Court set a February 15, 2022 deadline for the substantial completion of the document discovery permitted under the Confidentiality Order Amendment. This deadline aligns with the expiration of the Confidentiality Order Amendment and allows the Parties to conduct certain party and non-party discovery that would not violate the Confidentiality Order Amendment.

Lead Plaintiff and Defendants further request that no other case deadlines be set at this time. The Confidentiality Order Amendment would preclude the completion of all document discovery (and written discovery such as interrogatories into certain subject matters), which will be necessary for continued proceedings, including deposition discovery and the completion of fact discovery. Moreover, the limitations on the scope of permissible production under the Confidentiality Order Amendment may present additional obstacles and issues in the completion of the Parties’ collection, review, and production of documents.

By February 15, 2022, the Parties will have a better understanding of (1) the document discovery that remains (and any issues that arose while operating under the Confidentiality Order Amendment), and (2) whether the government will seek to extend the stay of certain discovery. At that time, the Parties intend to either propose a schedule for the remaining dates or move for any other relief that any or all of the Parties believe necessary to continue and complete discovery.

WHEREFORE, Lead Plaintiff and Defendants respectfully request that this Court set a February 15, 2022 deadline for substantial completion of the document discovery permitted under the Confidentiality Order Amendment, with all other case deadlines to be set on or after February 15, 2022.

You can read more about the case here and here.

I reached out to the US Attorney’s office for insight. When you-know-what freezes over and they give me a full explanation, I’ll be sure to let you know. /s

But his is from an attorney pal…

Right now all discovery has been stayed. This allows discovery to start again, but only as allowed by the confidentiality order. That means some topics and parts of discovery are off limits. Discovery can begin again and continue through February 15, 2022, but certain aspects of discovery will be barred until after Feb 15th, and even then the prosecutors can seek an extension.