STIPULATION TO CONTINUE VARIOUS PRE-TRIAL DATES; AND ORDER

ERICA P. GROSJEAN, Magistrate Judge.

WHEREAS Plaintiff MP Nexlevel of California, Inc. ("MPN") has requested modification and extension of existing case deadlines for the completion of discovery and the filing of motions as a result of Defendant CVIN, LLC's ("CVIN") delayed production of emails for the document production supplementation deadlines set forth in the Court's March 2, 2016 discovery Order;

WHEREAS counsel for MPN and CVIN agreed to the extension of dates set forth herein before and during an informal discovery conference with Magistrate Judge Grosjean on June 7, 2016, during which Judge Grosjean indicated that good cause existed for an extension of the discovery and motion filing deadlines, and that such deadlines could and should be extended provided the May 25, 2017 Pretrial Conference and July 25, 2017 Trial date remain unchanged and the modified schedule included at least ninety days between the motions filing deadlines and the May 25, 2017 Pretrial Conference;

WHEREAS CVIN has represented that it intends to complete the supplemental production required under the March 2, 2016 discovery Order by July 22, 2016;

WHEREAS MPN maintains that its ability to conduct and complete required depositions and other discovery by the modified deadlines set forth herein is dependent on CVIN's completion of the Court ordered supplemental production by no later than July 22, 2016;

WHEREAS in response to the Court's Minute Order of June 7, 2016 (Doc 349) counsel for Defendant and Counter and Cross-Claimant, CVIN, LLC, Plaintiff, MP Nexlevel of California, Inc., Third-Party Defendant Western Surety Company, Defendants, Calaveras Communications Company, Cal-Ore Telephone Co., Consolidated Communications Holdings, Inc., Ducor Telephone Company, Mohave Investment, LLC, Sebastian Enterprises, Inc., Sierra Tel Broadband, Sierra Tel Communications Group, Stageline Communications, Inc., Surewest Fiber Ventures, LLC, The Ponderosa Telephone Company, Varcomm, Inc., Varnet, Inc., Volcano Communications Company, and Volcano Telecom, Inc., Third-Party Defendant and Cross-Claimant, JK Communications & Construction, Inc. dba Kleven Construction; and Defendant, George Valentinez (collectively, the "Parties"), met and conferred regarding the subject-matter of this Stipulation and reached agreement thereto;

IT IS HEREBY STIPULATED by and between the Parties, by and through their counsel of record, that good cause exists for the extension of the pre-trial dates noted below:

The parties hereto reserve all rights and arguments relating to these extensions on

MP Nexlevel's motion to compel and for sanctions against CVIN, currently scheduled for hearing on July 22, 2017.

IT IS SO STIPULATED.

ORDER

The Court has reviewed the stipulation and adopts it IN PART. All dates are adopted except that the filing deadline for non-dispositive motions is advanced to January 20, 2017. The parties are advised that all non-dispositive motions, including discovery motions, must be filed sufficiently in advance of the non-dispositive motion cutoff so that the Court may grant effective relief within the allotted time period. A party's failure to have a discovery dispute heard sufficiently in advance of the non-dispositive motion filing deadline may result in a denial of the motion as untimely. The dates in the scheduling orders dated January 22 and September 2, 2015 (Docs. 157 and 257) are modified as follows:

All other orders in the scheduling order issued on January 22, 2015 (Doc. 157) remain in full force and effect.

IT IS SO ORDERED.