STIPULATION TO MODIFY SCHEDULING ORDER; ORDER THEREON

KIMBERLY J. MUELLER, District Judge.

WHEREAS on November 24, 2014 an action was commenced in the Superior Court of the State of California in and for the County of Sacramento, entitled Salvador Shannon, Plaintiff, v. County of Sacramento, DOES 1 to 20, Defendants, Case No. 34-2014-00172136;

WHEREAS Plaintiff's complaint was removed to this Court by Defendants pursuant to 28 U.S.C. § 1441(a);

WHEREAS on May 11, 2016, Plaintiff filed a Fifth Amended Complaint;

WHEREAS on June 1, 2016, Defendants answered the complaint;

WHEREAS the Court's scheduling order was entered on June 6, 2016;

WHEREAS pursuant to the Court's scheduling order discovery is to be completed by January 13, 2017;

WHEREAS on July 28, 2016, Defendants served Plaintiff with Requests for Production and Interrogatories;

WHEREAS Plaintiff's responses were due on September 2, 2016;

WHEREAS in early to mid-September, Plaintiff's counsel's office suffered unexpected turnover such that the responses to Defendants' discovery were not completed and responsive documents were not requested;

WHEREAS as of the date of this stipulation, Defendants have not received documents responsive to eight (8) of their fourteen (14) production requests;

WHEREAS as of the date of this stipulation, Defendants have not received any documents related to Decedent or Plaintiff's mental health providers;

WHEREAS Plaintiff intends to comply with his discovery obligations but needs additional time to locate responsive information;

WHEREAS Defendants' discovery plan has been hindered due to not receiving responses to its discovery;

WHEREAS Defendants intend to subpoena medical and mental health records;

WHEREAS Defendants intend to subpoena decedent's military records, and this process can take as long as ten (10) weeks;

WHEREAS the parties, in order to avoid unnecessary motions practice, and good cause appearing, desire to stipulate to a modification of the scheduling order;

THEREFORE, the parties hereby stipulate, by and through their counsel of record, as follows:

1. That the current scheduling order be modified to extend fact discovery for an additional six (6) months past the current cut-off date of January 13, 2017;

2. That all other dates in the pretrial scheduling order be extended by six (6) months or as would be convenient to the Court while allowing Defendants six additional months to complete fact discovery.

IT IS SO STIPULATED.

ORDER

After considering the Stipulation by and between the parties through their counsel of record, and good cause appearing, IT IS HEREBY ORDERED THAT:

1. The scheduling order entered on June 6, 2016, is hereby modified as follows:

IT IS SO ORDERED.