STIPULATION REQUESTING MODIFICATION OF THE TRIAL MANAGEMENT SCHEDULE PURSUANT TO FRCP 16; LOCAL RULE 16-240; ORDER

VINCENT CHHABRIA, District Judge.

IT IS HEREBY STIPULATED by and between the undersigned parties, by and through their Attorneys of record, as follows:

The parties agree and request that this Honorable Court modify its Trial Management Schedule based on good cause for the following reasons:

1. This is a personal injury case based upon allegations of negligence, which arises from workplace accident at the Sacramento International Airport ("SMF") on February 19, 2016, llegedly involving a tug owned by DELTA AIRLINES and maintained by NORTH CAROLINA AVIATION SERVICES, dbalaka GLOBAL AVIATION SERVICES.

2. On November 22, 2016, the Initial Case Management Conference was held in this case.

3. On November 22, 2016, the Honorable District Judge Vincent Chhabria Order After Hearing, setting forth the Trial Management Schedule for this case as follows:

4. On June 19, 2017, the Honorable District Judge Vincent Chhabria issued an Order on Stipulation for Modification of Order Setting Trial Management Schedule, modifying the Trial Management Schedule for this case as follows:

5. Since issuance of the foregoing Trial Management Schedule and the subsequent Order on Stipulation for Modification of Order Setting Trial Management Schedule, the parties have continued to diligently pursue discovery, including written discovery, subpoenaing of medical and employment records and completing eight depositions, including Plaintiff, four current Global employees, one former Global employee, and two witnesses to the subject incident and the events which occurred immediately thereafter.

6. However, despite the parties' efforts to complete discovery in this case prior to the current cut-off date of September 18, 2017, the parties will be unable to do so as Plaintiff has not completed medical treatment.

7. While the parties have previously subpoenaed Plaintiff's medical records, Plaintiff testified at his recent deposition that he recently underwent a further surgical procedure and, to date, has not completed all recommended treatment. As such, the parties will be unable to obtain Plaintiff's complete medical records prior to the current deadline, or to complete an Independent Medical Examination, if necessary.

8. The parties have also agreed to attempt to mediate the matter in November, 2017, and are in the process of selecting an agreeable mediator and date. The parties would like to complete the mediation prior to the fact discovery deadline.

9. Accordingly, the parties agree and request that this Honorable Court modify its Trial Management Schedule Order as follows

10. The parties agree that this modification will best serve the parties' interests in light of the discovery which remains to be completed in this case in order to adequately prepare the case for trial, as well as the parties' desire to mediate the matter prior to the fact discovery deadline.

IT IS SO STIPULATED.

[PROPOSED] ORDER ON STIPULATION FOR MODIFICATION OF ORDER SETTING TRIAL MANAGEMENT SCHEDULE

Pursuant to the foregoing Stipulation for Modification of Order Setting Trial Management Schedule, and good cause appearing therefore,

IT IS ORDERED that Trial Management Schedule Order is modified as follows:

IT IS SO ORDERED.