STIPULATION TO MODIFY THE SCHEDULING ORDER (Doc. 15)

RECITALS

JENNIFER L. THURSTON, Magistrate Judge.

1. WHEREAS, on August 13, 2019 this Court issued its Scheduling Order [Dkt. No. 12], which included a deadline of December 20, 2019, for any amendments to the pleadings;

2. WHEREAS, Plaintiff, Kevin Keyes, claims that he was injured in a Home Depot store in Bakersfield, CA when a display shelf fell off the racking shelf causing him personal injury.

3. WHEREAS, Plaintiff's Complaint includes a products liability cause of action for those parties responsible for designing and/or manufacturing the display shelf. However, the identity of the designer or manufacturer has yet to be confirmed.

4. WHEREAS, Plaintiffs anticipate an amendment to add any potential vendors to the display, which have yet to be discovered.

5. WHEREAS, Home Depot has been trying to definitively ascertain the manufacturer/supplier of the item that allegedly caused the incident, but has encountered difficulties with the identification process given the time-frame of the incident. Home Depot is actively working on this and expects to have more clarity on the issue shortly.

6. WHEREAS, Plaintiff desires to name the manufacturer/supplier of the item that allegedly caused the incident as a party to this case. Home Depot may desire to cross-claim as well. Given the delay, Plaintiff and Home Depot hereby stipulate to an additional 90 days to amend the pleadings to add new parties and cross-claims without the need for a formal motion doing so, with a proposed new deadline of March 20, 2020.

7. WHEREAS, the requested extension will not affect the other scheduling deadlines or the Trial date of September 21, 2021.

STIPULATION

IT IS HEREBY STIPULATED by and between the Parties hereto through their respective attorneys of record that the following deadlines be continued as follows:

ORDER

IT IS HEREBY ORDERED that the deadline to file motions or stipulations requesting leave to amend the pleadings is continued as follows:

IT IS SO ORDERED.