STIPULATION AND [PROPOSED] ORDER TO CONTINUE BRIEFING SCHEDULE ON ALL PENDING MOTIONS

(Second Request

ANDREW P. GORDON, District Judge.

Defendant/Third-Party Plaintiff Jaynes Corporation, Inc. ("Jaynes") and Defendant Western Surety Company ("Western"); Plaintiff United States for the Use and Benefit of Agate Steel, Inc. ("Agate"); and Third-Party Defendants American Steel Corporation ("American Steel") and the Ohio Casualty Insurance Company ("Ohio"), by and through their respective counsel (collectively the "Parties"), hereby file this Stipulation and [Proposed] Order to Continue Briefing Schedule on All Pending Motions. This request complies with Local Rule ("LR") 6-1 and 7-1. The litigation of this matter will be best served by the proposed extension.

At issue here are the following motions. Jaynes' motions filed on August 13, 2015: Jaynes' Motion to Strike American Steel's Expert Designation [Doc. No. 104]; Motion for Partial Summary Judgment re American Steel's Damages [Doc. No. 106]; Motion for Partial Summary Judgment re Obligation to Defend and Indemnify [Doc. No. 110]. American Steel and Ohio's Motion for Partial Summary Judgment Against Jaynes Corporation Re: Bond Claims, filed on August 20, 2015 [Doc. No. 117].

I. REQUEST FOR CONTINUED BRIEFING DEADLINES

Jaynes and American Steel have filed a number of dispositive motions and are in the process of completing discovery, which closes on September 14, 2015. Additionally, while the Parties were unable to resolve this action during mediation, American Steel and Jaynes are still participating in settlement discussions. Jaynes and American Steel desire to continue the current briefing deadlines to allow the Parties to focus on preparation, taking, and travel associated with the upcoming depositions. Also, the Parties desire to limit the fees and costs incurred in this action, and in light of ongoing resolution efforts, would benefit from additional time to brief all pending motions. Finally, because the dispositive motion deadline is October 14, 2015, the continued deadlines will not alter or impact the current dispositive motion deadline. Agate has no opposition to this requested continuance.

II. PROPOSED NEW DEADLINES

A. Jaynes' Motion to Strike American Steel's Expert Designation [Doc. No. 104]:

B. Jaynes' Motion for Partial Summary Judgment re American Steel's Damages [Doc. No. 106] and Motion for Partial Summary Judgment re Obligation to Defend and Indemnify [Doc. No. 110]:

C. American Steel and Ohio's Motion for Partial Summary Judgment Against Jaynes Corporation Re: Bond Claims [Doc. No. 117]:

III. CONCLUSION

For the foregoing reasons, the Parties respectfully request that the Court grant their request to continue the briefing schedule on all pending motions.

ORDER

IT IS SO ORDERED.

Respectfully submitted.