JOINT STIPULATION AND ORDER TO FILE THIRD AMENDED COMPLAINT AND TO EXTEND FACT DISCOVERY DEADLINE

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 and GREG KNAPP ("Plaintiffs"), by and through their counsel of record, hereby jointly stipulate and respectfully request that the Court permit Plaintiffs to file a third amended complaint as follows:

WHEREAS, Plaintiffs' intend to amend the complaint to add a new Plaintiff, Jorge Alonso ("Alonso");

WHEREAS, Defendants stipulate to allow Plaintiffs to file an amended complaint to add Alonso, but expressly reserve all rights related to the amended complaint, including but not limited to the right to challenge the viability of Alonso's claims; and

WHEREAS, the Parties agree that the fact discovery cutoff should be extended from August 31, 2017, until October 16, 2017, in order to allow the Parties to complete discovery for Mr. Alonso's claims.

WHEREAS, the Parties agree that the deadline to file any dispositive motions should be extended from October 25, 2017, until November 17, 2017, in order to allow the Parties adequate time following the close of fact discovery to prepare any dispositive motions. This stipulation will not change any of the other dates set by the Court (see Dkt. 36), including the trial date.

THEREFORE, THE PARTIES HEREBY STIPULATE to, and seek an order from this Court, as follows:

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.