RENEWED STIPULATION AND ORDER (SECOND REQUEST TO EXTEND DISCOVERY DEADLINES AS SET FORTH IN PRIOR ORDER (DOC. 19)

NANCY J. KOPPE, Magistrate Judge.

Plaintiff SOCIAL BUTTERFLY WORLD, LLC (hereinafter "SBW") and Defendant MENDEZ MEDIA MARKETING, INC. (hereinafter "MMMI") (collectively the "Parties"), by and through their undersigned counsel, hereby stipulate and agree that the discovery deadlines be extended as set forth below. In support of this Renewed Stipulation (see Doc. 24), the Parties set forth the following status of discovery in accordance with LR 26-4.

I. DISCOVERY COMPLETED TO DATE

A. The Parties have provided their Initial Disclosures pursuant to Fed. R. Civ. P. 26 and any appropriate supplements thereto.

B. MMMI propounded initial written discovery upon SBW.

C. SBW responded to MMMI's initial written discovery.

D. SBW propounded initial written discovery upon MMMI.

II. DISCOVERY REMAJNING

A. MMMI needs to respond to written discovery (currently due date October 6, 2016, pursuant to an extension).

B. Supplemental written discovery.

C. Subpoenas to third parties.

D. The Parties will need to conduct depositions.

E. The Parties will need to designate initial and rebuttal experts.

F. Whatever additional discovery is desired by the Parties as the discovery unfolds.

III. REASONS WHY DISCOVERY SHOULD BE EXTENDED

Initially, irreconcilable differences occurred between SBW and its counsel, leading SBW to locate new counsel. SBW did so, which took some time. Thereafter, Gibbs Giden (i.e., new counsel) required time to review the file, gather additional documents and otherwise coordinate with SBW to respond to written discovery.1 Since then, SBW responded to initial written discovery, as well as propounded written discovery.

During discovery, it came to light that MMMI alleges that third parties are be responsible for some or all of SBW's alleged damages. Since learning of this information, which recently occurred before the deadline for leave to amend expired, SBW is investigating whether it is appropriate to name these potential parties in this action. SBW submits that additional time is warranted for it to finalize its investigation before naming these parties.2 The parties generally agreed3 to allow SBW to amend its pleading to name these additional potential parties in this action, if SBW believes that filing an amended pleading is appropriate and MMMI agrees to its content.

The Parties also continue to explore settlement options, even exchanging counteroffers this week in an attempt to finalize their discussions. SBW submits that settlement discussions were complicated with the discovery of new potential parties, and SBW needs to determine that it is not waiving any rights by resolving this action without involving these new parties. Both Parties agree that they should be able to bridge the gap that exists in the settlement discussions, and have agreed to attend a settlement conference if they cannot bridge the gap without assistance. The Parties would then seek to attend a settlement conference at this Court's earliest available opportunity.

As such, the Parties respectfully submit that good cause exists, as well as special circumstances, to extend the discovery deadlines. Ifthe Parties cannot resolve this matter and SBW chooses to add additional parties, all the discovery deadlines will likely be continued to not prejudice the newly added parties. SBW believes it can make this determination in the near future. If SBW chooses not to add additional parties, the Parties submit that they will be able to complete (or, at a minimum, make significant strides toward completing) discovery within the time periods set forth in this Stipulation. The Parties agree that they are not planning on seeking additional discovery continuances, as the Parties currently believe that they can complete discovery in this case within these time period if settlement cannot be reached. Providing this additional continuance of all of the discovery deadlines will best fulfill the needs of both Parties, and best allow the Court and the Parties "to secure the just, speedy, and inexpensive determination" of this action. Fed. R. Civ. P. 1.

IV. PROPOSED DEADLINES FOR REMAINING DISCOVERY

V. CONCLUSION

For the foregoing reasons, the Parties respectfully request that the Court enter an Order adopting the dates set forth in this Stipulation.

IT IS SO ORDERED: