STIPULATION TO CONTINUE DISCOVERY DEADLINES; ORDER

BARBARA A. McAULIFFE, District Judge.

The parties to this Stipulation to Continue Discovery Deadlines are Plaintiff West Pacific Electric Company Corporation ("WPEC"), Defendant Dragados/Flatiron ("DFJV"), and Defendants Liberty Mutual Insurance Company, Fidelity and Deposit Company of Maryland, Zurich American Insurance Company, The Continental Insurance Company, XL Specialty Insurance Company, The Insurance Company of the State of Pennsylvania, American Home Assurance Company, National Indemnity Company, Travelers Casualty and Surety Company of America, and Federal Insurance Company (collectively referred to as "Surety Defendants"). Collectively, WPEC, DFJV and the Surety Defendants are hereinafter referred to as the "Parties."

The Parties, through their respective counsel, jointly stipulate and respectfully request that the Court enter an Order continuing discovery deadlines (as more specifically identified further below) to allow more time for the Parties to complete its discovery prior to the current deadlines.

Good cause exists for modifying and continuing the requested deadlines because third-party, California High-Speed Rail Authority's ("CHSRA"), subpoenaed documents were just recently fully produced to the Parties. On August 2, 2018, WPEC issued an amended Subpoena to Produce Documents, Information or Objects or to Permit Inspection of Premises ("Subpoena") to CHSRA. (See Declaration of Lisa D. Nicolls at ¶ 2, and Exhibit A attached thereto.) The Subpoena sought production of all relevant documents, including emails in CHSRA's possession regarding the high-speed rail project. (Id.) CHSRA's responsive documents were due by September 4, 2018, and it produced thousands of documents, but failed to produce responsive emails as required per the Subpoena. (Id.)

In approximately November of 2018, CHSRA, by and through its legal counsel, communicated to WPEC that it had identified approximately 20,000 potentially responsive emails and that a review was in process. (Id. at ¶ 3, and Exhibit B attached thereto.) CHSRA indicated that it would produce supplemental records in a rolling fashion. (Id.) However, by mid-December of 2018, CHSRA had not yet produced its email production and, via email dated December 13, 2018, advised that its supplemental production would be delayed due to a legal staff shortage. (Id. at ¶ 4, and Exhibit C attached thereto.)

On February 11, 2019, WPEC sent a formal meet and confer to CHSRA regarding the significantly delayed email production. (Id. at ¶ 5, and Exhibit D attached thereto.) In response, on February 25, 2019, CHSRA advised it had recently obtained permission from the Assistant Chief Counsel to hire outside counsel to assist with the review of the project emails and anticipated its production of documents would be completed no later than March 15, 2019. Those documents, which exceed 200,000 pages, were just recently received and have not yet been reviewed. (Id. at ¶ 6, and Exhibit E attached thereto.)

Given the unexpected delays in discovery thus far, the Parties request that the Court's previous Scheduling Order, including discovery deadlines, be amended with the following proposed dates:

The Parties stipulate and agree that all other dates and deadlines set forth in the Court's Scheduling Conference Order will not be altered.

IT IS SO ORDERED.

ORDER

Pursuant to the parties' stipulation, and good cause appearing, IT IS HEREBY ORDERED that the Scheduling Order in this action is hereby modified as follows:

The parties are further advised that no further extensions or modifications of the deadlines in this case will be granted absent a demonstrated showing of good cause.