STIPULATION AND [PROPOSED] ORDER: (1) EXTENDING DEADLINE FOR MEDIATION; (2) SETTING DEADLINE FOR INITIAL DISCLOSURE BY NEW PARTY; AND (3) CONTINUING CASE MANAGEMENT CONFERENCE

SAMUEL CONTI, Senior District Judge.

Pursuant to Local Rule 16-9, the parties met and conferred and submitted a Proposed Joint Case Management Order on November 8, 2013. At that time, the parties contemplated the completion of mediation by April 15, 2014 and the completion of discovery and motion practice in May and June.

Subsequent to those dates being set, Plaintiff, NAVIGATORS SPECIALTY INSURANCE COMPANY ("NSIC"), reached a settlement of the underlying actions, on behalf of its insured, McDevitt & McDevitt. NSIC thereafter filed an amended complaint adding claims for reimbursement of the underlying settlement costs and also added TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA ("Travelers") as a new party to the action. As a result, the parties stipulated to an order continuing the deadline to complete mediation from April 15, 2014 to July 31, 2014, and continuing the case management conference from June 6, 2014 to August 22, 2014. The order approving the above stipulation was filed on April 16, 2014.

In the interim, NSIC filed a Third Amended Complaint naming NORTH AMERICAN CAPACITY INSURANCE COMPANY ("NAC") as a new defendant in the action. NAC filed its answer and appeared in the action on July 25, 2014. However, NAC has not yet been able to comply with its initial disclosure obligations as set forth in Local Rule 16-9 and FRCP 26, and the parties have not been able to schedule the mediation or complete their discovery and motion practice in the absence of all of the parties.

In light of the above, the parties hereby stipulate to the following revised deadlines:

NAC's Initial Disclosure Deadline:

The deadline for NAC to comply with its initial disclosure obligations is extended to August 15, 2014, with its production of documents due September 5, 2014.

Expert witness information will be exchanged in accordance with Federal Rules of Civil Procedure Rule 26(a)(2)(D), within 90 days of the date set for trial. Rebuttal designation, if any, will be exchanged within 30 days from the initial disclosure of expert witness information.

Dispositive and non-dispositive pre-trial motions, exclusive of motions in limine or other trial motions, will be filed no later than 60 days before trial.

The parties propose that a trial date, to be convenient with the Court and all counsel and parties' calendars, be set no earlier than April 30, 2015.

The Further Case Management Conference is continued to January 23, 2015 at 10:00 a.m. in Courtroom 1, 17th Floor, San Francisco. The further Case Management Conference Statement is due January 16, 2015.

IT IS SO ORDERED AS MODIFIED

[PROPOSED] ORDER

The parties' stipulation is adopted and IT IS SO ORDERED.AS MODIFIED.