STIPULATION AND ORDER EXTENDING DISCOVERY CUTOFF FOR LIMITED PURPOSES

KIMBERLY J. MUELLER, District Judge.

STIPULATION

Plaintiff RICHARD STAFFORD ("Stafford") and Defendant DOLLAR TREE STORES, INC. ("Defendant") have been diligently working to complete all discovery by the August 13, 2015 deadline. However, due to unforeseen issues, the parties have been unable to complete the following depositions: (1) the conclusion of Defendant's 30(b)(6) witness, (2) the deposition of non-party witness Kenneth O'Neal, and (3) the deposition of non-party witness Christopher Bryant.

Defendant produced witnesses for all topics listed in Plaintiff's 30(b)(6) notice, including witness Christine Yu. Plaintiff was unable to complete Ms. Yu's deposition in a single day, and while the parties were scheduling a final day of deposition, Ms. Yu moved to the Philippines, and is therefore unavailable. Defendant is diligently working on finding a replacement witness, but due to scheduling concerns the deposition may not go forward prior to the discovery cutoff.

Defendant served non-party Kenneth O'Neal with a deposition subpoena on June 30, 2015, commanding Mr. O'Neal to appear for deposition on July 14, 2015. Without any excuse, Mr. O'Neal did not appear for his deposition. Defendant served another subpoena on Mr. O'Neal in August 2015, commanding him to appear for deposition on August 11, 2015. Mr. O'Neal responded indicating that he was not available any time prior to the discovery cutoff, but that he was available on August 25, 2015.

Defendant served non-party Christopher Bryant with a deposition subpoena on May 5, 2015. Without excuse, Mr. Bryant did not appear for his deposition on May 21, 2015. Defendant has been diligently attempting to serve Mr. Bryant with a second deposition subpoena, but Mr. Bryant is evading service.

Therefore, the parties, by and through their respective counsel of record, hereby stipulate and agree that that the non-expert discovery cutoff should be extended until September 15, 2015, but only with respect to the depositions of the witnesses identified above. The parties also stipulate and agree that Defendant shall produce documents responsive to Requests for Production Nos. 66, 67 and 77 no later than September 15, 2015.

ORDER

Good cause appearing, the Court hereby ORDERS that the non-expert discovery cutoff is hereby extended until September 15, 2015, only with respect to: (1) the conclusion of Defendant's 30(b)(6) deposition, limited to the completion of those topics for which Christine Yu was designated as Defendant's witness, (2) the deposition of non-party witness Kenneth O'Neal, and (3) the deposition of non-party witness Christopher Bryant. Defendant shall also produce documents responsive to Plaintiff's Requests for Production Nos. 66, 67 and 77 no later than September 15, 2015.