STIPULATION AND ORDER TO EXTEND DEADLINES

LAWRENCE J. O'NEILL, Chief District Judge.

WHEREAS, on November 16, 2017, the parties filed a Revised Stipulation and (Proposed) Scheduling Order (ECF No. 1141), which the Court adopted on November 17, 2017 (ECF No. 1142);

WHEREAS, Plaintiffs have served two third-party subpoenas on National Marine Fisheries Service ("NMFS") employees, Maria Rea and Eric Danner, requesting documents and deposition testimony for January 10, 2018 and January 12, 2018, respectively;

WHEREAS, Acting General Counsel for the National Oceanic and Atmospheric Administration has informed Plaintiffs' counsel that Ms. Rea and Dr. Danner may not give the testimony which Plaintiffs seek;

WHEREAS, an informal discovery dispute conference regarding this issue has been set before Magistrate Judge Erica P. Grosjean for January 5, 2018 at 9:30 a.m.;

WHEREAS, Plaintiffs are willing to postpone the deposition dates for Ms. Rea and Dr. Danner by 30 days in order to allow Judge Grosjean time to resolve the discovery dispute prior to the deposition dates;

WHEREAS, Plaintiffs have agreed to an extension of the deposition dates on the condition that the Department of Justice accept service of the revised subpoenas and all parties stipulate to an extension of the current motion briefing deadlines and fact discovery cutoff;

STIPULATION

NOW THEREFORE, counsel for Plaintiffs and Defendants hereby stipulate to the following revised proposed schedule regarding fact discovery1 and briefing of motions for summary judgment:2

Schedule

ORDER

Pursuant to the Parties' Stipulation, the Court hereby ORDERS that the following schedule for fact discovery and briefing of motions for summary judgment is established.

The existing pretrial and trial dates remain unchanged and will not be moved. The parties are cautioned that this continuance does not change the Court's estimate of the time it will need to issue a ruling on the cross motions for summary judgment (at least 12 weeks).

IT IS SO ORDERED.