JOINT STIPULATION TO REVISE CURRENT CASE SCHEDULE AND ORDER THEREON

TROY L. NUNLEY, District Judge.

Defendants SYNTHES, INC., DEPUY SYNTHES SALES, INC., JOHNSON & JOHNSON SERVICES, INC. and SYNTHES USA SALES, LLC ("Defendants") and Plaintiffs EDWIN HOUSTON HAYES, GREG KNAPP and MARK PANOZZO ("Plaintiffs"), (collectively referred to herein as "the Parties") by and through their undersigned counsel of record, hereby jointly stipulate and respectfully request that the Court extend the fact discovery, expert disclosure, dispositive motion deadlines and trial date for this litigation. In support of this stipulation, the Parties state as follows:

WHEREAS, this Court entered its initial Pretrial Scheduling Order ("Scheduling Order") on November 13, 2015 (Docket number 12);

WHEREAS, the Parties have requested in good faith and received four previous extensions to the fact discovery deadlines in this case based primarily on the availability of witnesses and attorneys for depositions, ongoing settlement discussions between the parties, and the proposed addition of new parties. (Docket Nos. 15, 20, 27, and 30).

WHEREAS, on February 14, 2017, the Court approved the Parties' stipulation to allow Plaintiffs to file an Amended Complaint to add Plaintiff Mark Panozzo ("Plaintiff Panozzo"). As part of the stipulation, Defendants expressly reserved all rights related to the Second Amended Complaint, including but not limited to the right to challenge the viability of Plaintiff Panozzo's claims (Docket No. 32);

WHEREAS, on February 20, 2017, Plaintiffs filed their Second Amended Complaint adding Plaintiff Panozzo to this action (Docket No. 34);

WHEREAS, the Parties agree that the current Scheduling Order does not allow the Parties sufficient time to continue their good faith settlement discussions and complete all necessary discovery, including but not limited to fact and electronic discovery related to the newly added Plaintiff Panozzo, by the March 6, 2017 deadline;

WHEREAS, based on the progress of the case, the settlement discussions between the Parties, and the newly added Plaintiff Panozzo, an extension of the deadline for completing necessary fact discovery (and a corresponding extension of other deadlines) and trial will allow the Parties to continue to engage in meaningful settlement discussions and to adequately prepare for trial if those negotiations prove unsuccessful;

WHEREAS, good cause exists for the proposed stipulated extension because it will serve the interests of judicial economy by allowing the Parties to fully explore the possibility settlement and adequately conduct all necessary fact discovery, including electronic discovery, relating to Plaintiff Panozzo and will not otherwise prejudice a timely resolution of this case;

THEREFORE, THE PARTIES HEREBY STIPULATE to, and seek an order from this Court, continuing the deadlines and trial date contained in the Scheduling Order as follows:

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

IT IS SO ORDERED.