CORRECTED STIPULATION AND [PROPOSED] ORDER FOR EXTENSION OF PLAINTIFFS' EXPERT REPORT DEADLINE

JON S. TIGAR, District Judge.

WHEREAS Plaintiffs' damages expert report disclosure deadline is September 30, 2013, and Defendant's deadline to produce a rebuttal report is October 21, 2013;

WHEREAS Plaintiffs recently discovered that Defendant's produced payroll data may be missing complete payroll data for dozens of current and former employees;

WHEREAS Plaintiffs and their designated expert, Robert Fountain, cannot calculate a complete damages analysis by the September 30, 2013 disclosure deadline if they are missing this payroll data;

WHEREAS Defendant is investigating to confirm whether it did not produce this payroll data to Plaintiffs, but recognizes that it may have inadvertently failed to produce this data;

WHEREAS if Defendant determines that it inadvertently did not produce responsive data, Defendant has agreed to supplement the data in a timely manner;

WHEREAS the parties have met and conferred on this issue and agree that it is in the interests of fairness, efficiency, and economy to extend Plaintiffs' damages expert report deadline so that it can incorporate any data that should have been produced previously. As a result, Defendant has consented to an extension of Plaintiffs' deadline to produce their damages expert report beyond the current September 30, 2013 deadline, Plaintiffs have consented to a mutual extension of Defendant's deadline to produce its rebuttal expert damages report, and the parties have agreed to extend Plaintiffs' expert discovery deadline related to Defendant's rebuttal damages expert report;

WHEREAS the Plaintiffs' pending motion to extend their expert report deadline until after the disposition of their pending motion to compel, said motion to compel having a return date of October 15, 2013, is unaffected by this stipulation;

WHEREAS this extension only applies to the damages expert report to be produced by Plaintiffs' designated expert Robert Fountain and SimplexGrinnell's rebuttal damages report. It does not affect Plaintiffs' expert disclosure deadline for other experts, and Plaintiffs have already served Defendant with their other designated expert's, Douglas Nareau, report today. Similarly, no extension is required for any of Defendant's expert reports that do not respond to Dr. Fountain's expert damages report.

IT IS THEREFORE STIPULATED AND AGREED AS FOLLOWS:

1. Upon approval of the Court, Plaintiffs' deadline to produce the damages expert report from designated expert witness Robert Fountain is extended to October 15, 2013;

2. Defendant will supplement its data production by October 8, 2013. If Defendant cannot complete this production by this deadline, the parties will jointly approach the Court to extend Plaintiffs' damages expert report deadline by a reasonable amount to account for the delay in production.

3. Defendant's deadline to produce its rebuttal expert damages report is extended to November 6, 2013.

4. The parties' damages expert discovery deadline is extended to December 3, 2013.

5. All other deadlines are unaffected by this stipulation and shall remain the same.

[PROPOSED] ORDER

Pursuant to the Stipulation of the parties and GOOD CAUSE APPEARING, IT IS SO ORDERED.