STIPULATION AND [PROPOSED] ORDER TO CONTINUE TRIAL, SET CASE MANAGEMENT CONFERENCE, AND CONTINUE HEARING ON DEFENDANT YALE INDUSTRIAL PRODUCTS, INC.'S MOTIONS FOR SUMMARY JUDGMENT, TO PRECLUDE SCOTT BUSKE, AND TO PRECLUDE JOHN MANNING, LAURA LIPTAI, AND WILLIAM HODDICK

SUSAN ILLSTON, District Judge.

IT IS HEREBY stipulated by and between the parties below as follows:

WHEREAS, Counsel for all parties have met and conferred, and have agreed that a continuance of the currently scheduled trial and hearing dates is desirable to allow them to continue ongoing settlement discussions, which have progressed significantly over the past two weeks, and to conduct a further mediation that the parties believe may result in the resolution of this action without the necessity of trial, and have also agreed that it would be beneficial for the parties to participate in a case management conference with the Court to discuss a potential separate issue trial, pursuant to Rule 42(b), concerning the fault attributable to plaintiff's employer, and

WHEREAS, Counsel for all parties are requesting that the Court approve and consent to the continuance of the scheduled trial, supplemental briefing schedule and hearing dates,

THE PARTIES STIPULATE THAT:

The trial of this matter, currently set for April 25, 2016, be continued to July of 2016, on a date and at a time to be set by the Court, and that the final pre-trial conference, currently set for April 12, 2016, be continued to July of 2016, at a date and time to be set by the Court, and that all other pre-trial deadlines be reset accordingly;

The hearing on Defendant Yale Industrial Products, Inc.'s Motions for Summary Judgment, to Preclude Scott Buske, and to Preclude John Manning, Laura Liptai, and William Hoddick, currently set for March 11, 2016 at 9:00 a.m., be continued to May 20, 2016 at 9:00 a.m., or as soon thereafter as the Court's calendar allows. If the parties elect to file supplemental briefing, as allowed by this Court's Order dated February 19, 2016 (Dkt. No. 117), such briefing shall now be due by 4:00 p.m. on Wednesday, May 11, 2016.

The parties request that the Court schedule a case management conference to discuss the possibility of a separate issue trial, pursuant to Rule 42(b), concerning the fault attributable to plaintiff's employer, and any other issues arising out of the continuance of the trial and hearing dates as set forth above.

I agree to and accept the foregoing stipulation.

Pursuant to the stipulation of the parties, and good cause appearing,

IT IS ORDERED THAT:

The following Scheduling Order shall govern the remainder of this litigation:

A case management conference will be held on 3/11/16, 2016, at 3:00 a.m. to discuss the possibility of a separate issue trial, pursuant to Rule 42(b), concerning the fault attributable to plaintiff's employer, and any other issues arising out of the continuance of the trial and hearing dates as set forth above.