STIPULATION AND [PROPOSED] ORDER TO CONTINUE FURTHER CASE MANAGEMENT CONFERENCE

SUSAN ILLSTON, District Judge.

WHEREAS, a further case management conference has been scheduled in the above-captioned matter for Friday, November 20, 2015, see Dkt. No. 34;

WHEREAS, mediation has been scheduled in the above-captioned matter to be held on January 21, 2016, see Dkt. No. 28;

WHEREAS, the parties are currently actively engaged discovery, including with respect to issues regarding the design and construction of the walkway and stairs around Building AB-4 on the VA campus in Martinez, California, where the accident giving rise to this lawsuit occurred;

WHEREAS, a deposition pursuant to Rule 30(b)(6) is scheduled to occur on November 30, 2015, regarding the construction and design of the stairs;

WHEREAS, Defendant anticipates that documents and testimony provided on these subjects will disclose information about third parties with whom Defendant contracted with respect to the design and construction of the stairs and ramps at issue in this case;

WHEREAS, discovery on these issues is potentially relevant to the dispositive defense that the United States has asserted under the independent-contractor exception to the Federal Tort Claims Act, 28 U.S.C. § 2671, see Dkt. No. 17 at 3;

WHEREAS, discovery on these issues may also raise the possibility that Plaintiff and/or Defendant will seek further information from and/or seek leave to add such additional third parties to this litigation, see Dkt. No. 18 at 3;

WHEREAS, the parties respectfully submit that a further case management conference is likely to be more productive after such discovery has been exchanged and the parties have had an opportunity to develop the factual record on these issues, including with respect to the potential involvement of additional parties in the litigation;

NOW, THEREFORE, the parties hereby stipulate and agree that the further case management conference in this matter should be continued to January 29, 2016, or the first date thereafter when the Court is available.

PURSUANT TO STIPULATION IT IS SO ORDERED. The further case management conference in the above-captioned matter shall be and hereby is continued until January 29, 2016. The parties shall file a further joint case management statement not later than January 22, 2016.