Filed: Sep. 01, 2017
Latest Update: Sep. 01, 2017
Summary: JOINT STIPULATION AND APPLICATION FOR A LIMITED CONTINUANCE OF THE FACT DISCOVERY DEADLINE IN PRETRIAL SCHEDULING ORDER; ORDER TROY L. NUNLEY , District Judge . STIPULATION AND APPLICATION TO CONTINUE FACT DISCOVERY DEADLINE WHEREAS, on January 23, 2017, the Court issued a Pretrial Scheduling Order (Docket No. 35) ("Order"); WHEREAS, the Order provides, among other things, that the deadline to complete fact discovery is on or before September 8, 2017; WHEREAS, due to the conflicting sch
Summary: JOINT STIPULATION AND APPLICATION FOR A LIMITED CONTINUANCE OF THE FACT DISCOVERY DEADLINE IN PRETRIAL SCHEDULING ORDER; ORDER TROY L. NUNLEY , District Judge . STIPULATION AND APPLICATION TO CONTINUE FACT DISCOVERY DEADLINE WHEREAS, on January 23, 2017, the Court issued a Pretrial Scheduling Order (Docket No. 35) ("Order"); WHEREAS, the Order provides, among other things, that the deadline to complete fact discovery is on or before September 8, 2017; WHEREAS, due to the conflicting sche..
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JOINT STIPULATION AND APPLICATION FOR A LIMITED CONTINUANCE OF THE FACT DISCOVERY DEADLINE IN PRETRIAL SCHEDULING ORDER; ORDER
TROY L. NUNLEY, District Judge.
STIPULATION AND APPLICATION TO CONTINUE FACT DISCOVERY DEADLINE
WHEREAS, on January 23, 2017, the Court issued a Pretrial Scheduling Order (Docket No. 35) ("Order");
WHEREAS, the Order provides, among other things, that the deadline to complete fact discovery is on or before September 8, 2017;
WHEREAS, due to the conflicting schedules of third party and party witnesses, the Parties, and their counsel, the Parties require additional time beyond September 8, 2017 to complete the depositions of the witnesses previously noticed, including (a) Chad Givens which the Parties have agreed will be taken in Bakersfield, California, (b) the deposition of UL's representative which is to be taken in Los Angeles, California; and (c) the continued deposition of SSI/EWS's representative which is to be taken in Bakersfield, California;
WHEREAS, though the Parties have cooperatively conducted written discovery, disputes exist among the Parties as to certain written discovery requests and responses that the Parties require further time to informally resolve in order to avoid unnecessary motion practice;
WHEREAS, the Parties are also in active settlement talks that require additional time to complete, and which may moot the need for the taking of previously noticed depositions and any motions related to the Parties' discovery disputes;
WHEREAS, under the circumstances, all of the Parties wish to seek a continuance of the fact discovery deadline in the Order for a period of thirty (30) days, to allow for the completion of already propounded written discovery, resolution of disputes related thereto, and taking of the previously noticed depositions identified hereinabove;
IT IS HEREBY AGREED AND STIPULATED by and between the Parties, through their respective counsel of record, that:
1. There exists good cause to continue the fact discovery deadline in the Order for a period of thirty (30) days to complete currently noticed depositions, outstanding written discovery responses, and resolve discovery disputes that are currently pending, and not to propound additional discovery to the parties or third-parties, or to notice additional depositions, or issue additional subpoenas;
2. none of the Parties will suffer prejudice form their jointly requested thirty (30) day limited continuance of the fact discovery deadline in the Order;
3. none of the Parties have previously requested a continuance of any of the deadlines previously set by the Court in this case;
4. the requested limited continuance is in the interest of judicial economy insofar as it may moot any presently contemplated motion practice and accompanying hearings, and will allow the Parties the necessary time to complete their settlement discussions.
5. Subject to the Court's approval and Order upon this Stipulation and Joint Application, the fact discovery deadline will be continued, as limited herein, from September 8, 2017 to October 9, 2017.
ORDER
The Parties' Stipulation and Application is GRANTED. The fact discovery deadline is continued, as limited in the Parties' Stipulation and Application, from September 8, 2017 to October 9, 2017.
IT IS SO ORDERED.
