STIPULATION AND ORDER TO MODIFY PRE-TRIAL DATES

BARBARA A. McAULIFFE, Magistrate Judge.

STIPULATION

The Parties in the above-entitled action, by and through their respective counsel of record, hereby stipulate and agree as follows:

1. On May 25, 2018, the Parties participated in a discovery conference at the Court before the Honorable Magistrate Judge Barbara A. McAuliffe (the "Conference"). (See Dkt. 54.)

2. At the Conference, the Parties agreed to various exchanges of discovery, deadlines for same, and dates for various depositions, including the deposition of Defendant Officer Dave Wallace, which the Parties agreed to schedule for a day during the last two weeks of August, subject to Officer Wallace's availability.

3. Following the Conference, the Parties agreed to set Officer Wallace's deposition for August 29, 2018 after confirming he would be available on that date.

4. At the time of the Conference, and at the time the Parties agreed on the August 29th date for Officer Wallace's deposition, Defendants intended for lead counsel for Defendants to defend Officer Wallace's deposition.

5. Due to the sudden and unexpected serious health issues related to lead counsel for Defendants, which are expected to persist for at least several months, lead counsel will no longer be able to defend Officer Wallace's deposition. Defendants only learned about lead counsel's health issues and corresponding unavailability after agreeing to the August 29th date for Officer Wallace's deposition.

6. Although Defendants' other primary counsel, David Mehretu, was (and is) scheduled to take the depositions of the six remaining un-deposed Plaintiffs in the action in the first half of August, he has longstanding plans that will have him out of the state during the last two weeks of August, including August 29th, which is the date the Parties agreed to hold Officer Wallace's deposition, under the assumption that such deposition would be defended by lead counsel for Defendants.

7. As a result of lead counsel's health issues and corresponding unavailability to defend Officer Wallace's deposition, and Mr. Mehretu's unavailability at that time as well, Defendants requested that Plaintiffs agree to reschedule Officer Wallace's deposition on a day three to four weeks later, during the period of September 17 to 28, 2018.

8. Plaintiffs agreed to reschedule Officer Wallace's deposition to a day during such period in September on the condition that the subsequent pre-trial dates would also be continued by an appropriate period of time.

9. In addition to their desire to modify the pretrial schedule to accommodate the rescheduling of Officer Wallace's deposition, the Parties believe that the pretrial schedule should also be modified to allow the Parties additional time to complete the anticipated fact and expert disclosures and discovery and to complete the dispositive motion practice. The Parties believe such additional time is appropriate because of at least two contemporaneous major jury trials during the pretrial period as well as other scheduling conflicts specific to each counsel.

10. Based on the foregoing, the Parties respectfully request that the following pretrial dates be rescheduled as follows:

11. No modification of the dates for the Final Pretrial Conference and commencement date for Trial, currently scheduled for October 31, 2019 and January 13, 2020, respectively, would be necessary.

12. Based on the foregoing, the Parties respectfully request that the Court modify the pre-trial dates as requested above.

IT IS SO STIPULATED.

Attestation of Concurrence In The Filing

The filer, David Mehretu, attests that all other signatories listed on whose behalf this filing is submitted concur in the filing's content and have authorized the filing.

ORDER

IT IS HEREBY ORDERED that, pursuant to the stipulation of the Parties, which is recited above, and good cause in support thereof, the following pretrial dates are modified as follows:

Event Prior Deadline New Deadline

Fact discovery cut-off November 1, 2018 December 15, 2018 Expert witness disclosures December 3, 2018 February 7, 2019 Supplemental/rebuttal expert January 11, 2019 March 14, 20194 disclosures Close of expert discovery January 31, 2019 April 12, 2019 Last day to file dispositive February 28, 2019 July 18, 20195 motions Deadline for hearing of April 4, 2019 August 15, 20196 dispositive motions

Pursuant to the Court's June 15, 2018 Minute Order (Dkt. 58), the Final Pretrial Conference and commencement date for Trial, shall remain set for October 31, 2019 and January 13, 2020, respectively.

Based upon the parties' representation of Counsel's health, the Court finds good cause to continue the dates. The parties are advised that further modification of the Scheduling Order will not be entertained by the Court absent a demonstrated and specific showing of good cause. Wholesale modification of dates will not be considered. The parties are further advised that the press of business or engaging in settlement discussions generally are not considered good cause.

IT IS SO ORDERED.