STIPULATION AND ORDER TO MODIFY PRETRIAL SCHEDULING ORDER TO EXTEND DEADLINE FOR COMPLETION OF DISCOVERY

TROY L. NUNLEY, District Judge.

This Stipulation is made between Plaintiff Siemens Industries, Inc. ("Plaintiff") and Defendant CTC Services, Inc. ("Defendant") in light of the following facts:

WHEREAS, the court entered its Order re: Status (Pretrial Scheduling) Conference on May 30, 2014 ("Order"), docket No. 11;

WHEREAS, pursuant to the Order, the parties are to complete all discovery by May 22, 2015;

WHEREAS, the parties have initiated settlement discussions between counsel;

WHEREAS, in furtherance of potential settlement, the Parties engaged in mediation on April 20, 2015, with the assistance of Sacramento attorney and mediator Kenneth Malovos, Esq.;

WHEREAS, significant progress was made toward settlement at mediation, but the Parties need additional time to determine whether a settlement can be reached;

WHEREAS, Defendant's insurance carriers are not currently providing either a defense or potential indemnity to Defendant in this matter, but the Parties agree that grounds for such defense and indemnity appear to exist and recognize the necessity of obtaining the cooperation of the insurance carriers to fully resolve and/or settle Plaintiff's damage claims;

WHEREAS, the Parties desire to focus their resources on obtaining insurance coverage for the claims from either or both insurance carriers and to minimize expenditure of resources and reserves available to settle their dispute rather than incur costs of depositions and other discovery at this time, particularly with the final Status Conference not scheduled until October 19, 2015 and Trial not scheduled until January 20, 2016;

WHEREAS, the Parties agree that it would be in their collective best interests to extend the deadline in the Order to complete discovery to July 21, 2015;

WHEREAS, Plaintiff and Defendant agree to use the extension of time afforded by this Stipulation to explore and focus their efforts on insurance coverage and settlement of their dispute;

WHEREAS, the proposed stipulation for modification of the terms of the Order will not delay or prejudice the timely resolution of this case in the event settlement negotiations and/or further mediation prove unsuccessful inasmuch as this case is not set for Trial until January 20, 2016 and the Parties are not seeking to change the Trial Date.

STIPULATION

WHEREFORE, IT IS STIPULATED AND AGREED BY AND BETWEEN PLAINTIFF AND DEFENDANT THAT THE CLOSE OF DISCOVERY IS EXTENDED SO THAT ALL DISCOVERY MUST BE CONDUCTED SO AS TO BE COMPLETED NO LATER THAN JULY 21, 2015.

IT IS SO STIPULATED.

IT IS SO ORDERED.