STIPULATION AND [PROPOSED] ORDER TO EXTEND EXPERT DISCOVERY CUT-OFF

(Second Request)

CARL W. HOFFMAN, Magistrate Judge.

COME NOW Plaintiff T.R.P. Company, Inc. ("TRP") and Defendants Similasan AG and Similasan Corporation (collectively, "Similasan"), by and through their counsel of record, hereby stipulate and agree to extend the final expert discovery deadline of the Joint Discovery Plan on a limited basis; namely, to accommodate expert depositions that, due to scheduling conflicts, could not be accommodated prior to the July 1 deadline. This is the second request to extend this discovery deadline.

The Parties have submitted all reports and have been diligently working to schedule expert depositions since May 24. Due to expert and attorney schedules, the Parties were unable to find deposition dates for two of the expert witnesses, Jeffrey Stec for Similasan and David Stewart for TRP, prior to July 1. Additionally, Similasan took the deposition of Russell Mangum on June 18, 2019, but left the deposition open. TRP objects to a continued deposition of Dr. Mangum. Both parties reserve all rights, but should an additional deposition of Dr. Mangum be permitted, it would need to be scheduled after the current July 1 cutoff.

The Parties acknowledge that this request is being made fewer than 21 days from the deadline. However, immediately upon learning of the scheduling conflicts, the Parties promptly agreed on the extended deadlines herein and sought this brief extension with the Court. The Parties have otherwise scheduled and completed expert discovery, but they will be unable to complete the final two depositions or meet and confer regarding a second deposition of Dr. Mangum and schedule a continued deposition, if permitted, within the current deadlines. The proposed deadline, preceded by the current deadline (Dkt. 98), appears below. The proposed date is:

1. Expert Discovery Cut-Off: July 1, 2019 to be July 24, 2019. The Parties do not request a further extension of time for dispositive motions or any other subsequent deadlines.

Discovery Completed — The Parties have completed all fact discovery and expert reports. The Parties have produced a substantial number of documents and conducted several depositions. Each party designated opening experts and rebuttal experts. An expert deposition took place on June 14 for Hal Poret, and June 18 for Russell Mangum.

Discovery To Be Completed — The expert depositions of Jeffery Stec and David Stewart. The parties shall meet and confer about a potential continued deposition of Russell Mangum.

Pending Motions — There are no motions currently pending before the Court. Dispositive motions will be submitted on July 15.

The Parties represent that this Stipulation is sought in good faith and for good cause. The Parties have been diligently engaged in fact and expert discovery, and do not seek to extend the overall timeline of the case. The Parties' experts have diligently completed their reports within the schedule and now seek only to complete depositions outside of the deadline due to logistical challenges.

The Parties hereby jointly respectfully request that the aforementioned deadline be extended accordingly.

ORDER

IT IS SO ORDERED.