STIPULATION AND [PROPOSED] ORDER EXTENDING NON-EXPERT DISCOVERY CUTOFF TO FEBRUARY 6, 2017 (Doc. 48)

JENNIFER L. THURSTON, Magistrate Judge.

STIPULATION

Pursuant to the Court's Scheduling Order dated February 23, 2016, plaintiffs Shawn J. Paregien and Piper S. Paregien ("Plaintiffs") (by and through their Guardians Ad Litem, Sandra Dudley and Chad Paregien, respectively), third party defendant Emiliano Perez ("Perez") and defendant Wilshire Insurance Company, Inc. ("Defendant" or "Wilshire" and, together with Plaintiffs and Perez, the "Parties"), stipulate as follows:

• To date, written discovery has been exchanged, numerous "meet and confer" sessions have occurred to resolve discovery disputes, amendments to written discovery responses have been provided, initial disclosures have been updated, and one remaining discovery dispute remains regarding Wilshire's entitlement to documents that the responding parties contend are attorney work product and attorney client privileged documents, which the Parties would like to resolve prior to the start of depositions of certain attorneys;

• The Parties have been noticing and scheduling depositions;

• Perez has retained new counsel, William Alexander. This Court approved the substitution of Mr. Alexander as of October 21, 2016. The depositions of Perez and Mr. Guerrero, which had been scheduled for this past week, were taken off calendar because of Mr. Alexander's imminent retention. Mr. Alexander has further requested that those depositions be rescheduled on dates convenient to all counsel, parties, and witnesses, which will allow Mr. Alexander time to familiarize himself with the case."

• On October 18, 2016, the Parties scheduled a second day of mediation to occur on October 28, 2016, before the Honorable John K. Trotter (Ret.);

• The Parties believe that to allow themselves sufficient time to conduct discovery after the October 28, 2016 mediation, to allow Perez's new counsel to become familiar with the case, and to hopefully resolve the remaining discovery dispute prior to the start of certain depositions, a short extension of the non-expert discovery cut-off date is necessary;

• The current non-expert discovery cut-off date is January 4, 2017;

• The proposed non-expert discovery cut-off date is February 6, 2017;

• No other dates in the Court's Scheduling Order dated February 23, 2016 will be impacted by this extension;

• The Parties agree that the Court may enter an order based on this stipulation.

IT IS SO STIPULATED.

ORDER

Based upon the stipulation of the parties, all non-expert discovery SHALL be completed no later than February 6, 2017. Absolutely no other deadlines are authorized to be modified and the Court does not contemplate granting any further amendments to the case schedule.

IT IS SO ORDERED.