STIPULATION AND [PROPOSED] ORDER EXTENDING COURT DATES

JON S. TIGAR, District Judge.

WHEREAS, plaintiff Illinois Union Insurance Company filed a complaint for rescission of insurance policy against defendants Intuitive Surgical, Inc. ("Intuitive") on October 21, 2013;

WHEREAS, plaintiff Navigators Specialty Insurance Company filed a complaint for rescission of insurance policy against Intuitive on December 16, 2013;

WHEREAS, Intuitive filed a third party complaint against third party defendant Ironshore Specialty Insurance Company ("Ironshore") for breach of contract and bad faith on March 3, 2015 seeking over $15 million in damages;

WHEREAS, on March 19, 2015, before Ironshore had answered the third party complaint, had an opportunity to fully develop its defenses and counterclaim or had obtained any discovery from the parties, and before the parties anticipated the scope of discovery still to come the parties filed a Stipulation and [Proposed] Order Extending Court Dates in Light of Impleader of Ironshore Specialty Insurance and the Court entered an Order Amending Case Schedule containing the current case dates and deadlines;

WHEREAS, Ironshore filed its answer and counterclaims on April 14, 2015;

WHEREAS, Ironshore's counterclaims raise numerous, substantial coverage issues that were not raised by Illinois Union or Navigators and that involve extensive discovery concerning the approximately 1700 putative claims asserted by Intuitive;

WHEREAS, Ironshore served comprehensive interrogatories and document requests on Intuitive on April 24, 2015, in an effort to complete fact discovery to support its defenses and counterclaims by the October 15, 2015 deadline;

WHEREAS, some disputes have arisen among the parties on issues of confidentiality and privilege that the parties cannot resolve without assistance of the Court due to the nature of these issues and that, with respect to privilege, will necessitate in camera review;

WHEREAS, throughout the last several months the parties have been diligently working together to schedule depositions before the close of discovery on October 15, 2015 and numerous depositions have been completed in California, New York, Chicago and Massachusetts;

WHEREAS, there are several more depositions that need to be conducted and substantial categories of documents that Intuitive has agreed to produce but not yet produced;

WHEREAS, while the parties have conducted extensive fact discovery, taken multiple depositions, and produced a substantial amount of documents in an effort to meet the present October 15, 2015 deadline for fact discovery;

WHEREAS, the parties agree that substantial discovery is still outstanding;

WHEREAS, the parties also continue to meet-and-confer regarding various discovery disputes in an effort to obviate the need for Court intervention; and

WHEREAS, given the scope of discovery, the parties now recognize that the deadlines set in March, 2015 have not proven realistic or workable in practice;

WHEREFORE, the parties herein stipulate as follows:

1. The parties stipulate to amend the calendar for this action as follows, subject to the Court's approval:

2. The parties have maintained the current pre-trial and trial dates; however, the parties are amenable to moving those dates if the Court prefers.

PURSUANT TO STIPULATION, IT IS SO ORDERED.