JOINT STIPULATION AND ORDER EXTENDING TIME TO COMPLETE DEPOSITION OF DIANA MASTEN, R.N.

JOHN A. MENDEZ, District Judge.

GLORIA VALERIO ("Plaintiff") and COMPASS BANK ("Defendant") (collectively, "the Parties"), by and through their undersigned counsel, hereby stipulate and agree as follows:

WHEREAS, the Parties are have met and conferred on all remaining depositions, including expert depositions, that must be completed prior to trial;

WHEREAS, the Court previously extended the deadline to complete several depositions, including the deposition of Diana Masten, R.N., to December 31, 2016 (Doc. 62);

WHEREAS, Ms. Masten, a third-party witness, has informed Defendant she will not be available for her deposition until January or February, 2017;

WHEREAS, the Parties are working together to minimize costs and the disruption to non-litigant deponents, particularly by seeking to avoid any motion compelling them to depositions;

WHEREAS, the Parties agree Defendant has been diligent in its efforts to complete Ms. Masten's deposition prior to December 31, 2016, but has been hindered by leaves of absence and a vacation by Ms. Masten;

WHEREAS, the Parties agree that prejudice will occur to the other party should they be unable to complete their respective depositions; and

WHEREAS, the Parties wish to complete the foregoing deposition without being in violation of the Court's Order Extending Time to Complete Depositions (Doc. 62);

THEREFORE, THE PARTIES STIPULATE AND AGREE, THROUGH THEIR RESPECTIVE COUNSEL, THAT THE DEPOSITION OF DIANA MASTEN, R.N. SHALL BE COMPLETED NO LATER THAN FEBRUARY 28, 2017.

THE PARTIES AGREE TO MEET AND CONFER IN GOOD FAITH AND TO FULLY COOPERATE SO DIANA MASTEN'S DEPOSITION WILL BE TIMELY COMPLETED.

ORDER

Based upon the foregoing stipulation of the Parties, and good cause appearing therefor, IT IS HEREBY ORDERED AS FOLLOWS: