STIPULATED MOTION TO CONTINUE DISPOSITIVE MOTIONS AND PRETRIAL DEADLINES AND TRIAL DATE

RICARDO S. MARTINEZ, Chief District Judge.

Pursuant to Federal Rule of Civil Procedure 16, and Local Rule 16(b)(4), Plaintiff Behrouz Shokri and Defendant The Boeing Company (collectively, "the Parties"), respectfully move for a limited continuance of the trial date and certain related dates. This is the first continuance that the parties have sought. The Parties have conferred and jointly represent that good cause exists for this extension. In support, the Parties state as follows:

A. STATEMENT OF FACTS

1. Under the Court's Order Setting Trial Date and Related Dates (Dkt. 12), this case is currently subject to the following remaining deadlines:

2. As a general matter, discovery recently closed on September 25, 2017. However, pursuant to court-approved stipulations, as well as the Court's recent ruling on September 29, certain discovery matters remain to be completed.

3. First, on September 29, 2017, the Court granted in part Boeing's Motion to Compel. The Court also directed Plaintiff to reappear for a continued (2-hour) deposition by no later than October 20, 2017. Due to various scheduling conflicts, the Parties will need to complete this deposition during the week of October 30, 2017.

4. Second, through the same September 29 ruling, the Court granted Plaintiff's request to take the deposition of Mr. Shokri's manager's former manager, Jose Amoedo, by no later than October 24. Due to the same scheduling conflicts referenced above, the parties similarly will need to complete this deposition during the week of October 30, 2017.

5. Third, through the same September 29, ruling the Court required Defendant to provide rebuttal experts reports by October 30, 2017. Mr. Shokri will need to complete these rebuttal expert depositions after Defendant provides reports.

6. Fourth, the Court approved the Parties' stipulation to complete a Fed. R. Civ. P. 30(b)(6) deposition of Boeing after the discovery cutoff. (Dkt. 70.) The precise scope of that 30(b)(6) deposition remains pending before the Court, however, as do certain other discovery issues raised in Plaintiff's Motion to Compel Answers to Discovery and Production of Documents, recently filed on September 22, 2017. (Dkt. 71.) Boeing responded to that Motion on October 10, 2017, and Plaintiff filed his reply on October 13, 2017. (Dkts. 82, 85.) This timing creates an understandable likelihood that the Court will not have an opportunity to issue a comprehensive ruling on Plaintiff's motion sufficiently in advance of the Parties' current October 24 deadline to file dispositive motions.

7. The Parties also seek corresponding continuances of the trial date and remaining pre-trial deadlines that have not passed at the date of the filing of this stipulation, and the Parties can continue to complete the remaining fact-witness depositions that were recently authorized by the Court's September 29 ruling (of Mr. Shokri and Mr. Amoedo) during the week of October 30, such that those depositions, and any other open discovery issues, are completed in time to be meaningfully useful in any dispositive motion(s).

B. AUTHORITY

This Motion is based upon the Federal Rules of Civil Procedure, corresponding case law, and the Court's power to control its calendar. Orders entered before the final pretrial conference may be modified upon a showing of "good cause." Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 608 (9th Cir. 1992) (citing Fed. R. Civ. P. 16(b)). Here, the Parties agree that "good cause" exists for the Court to continue the current dispositive motions deadline, as well as the trial date and remaining pre-trial deadlines.

Although discovery generally closed on September 25, 2017, the Parties will be completing additional depositions in the coming weeks, including Plaintiff's continued deposition and the deposition of Mr. Amoedo. Due to scheduling conflicts, the parties plan to complete those depositions during the week of October 30. Additionally, Defendant's rebuttal expert reports are not due until October 30, 2017 and Mr. Shokri will need to depose these witnesses. Finally, a corresponding continuance of the trial date and remaining pre-trial deadlines will preserve the parties' and Court's limited resources, ensuring that the Court has a chance to evaluate the parties' dispositive motion(s) before turning to motions in limine and other pre-trial filings that the parties are scheduled to submit.

C. CONCLUSION

For the above-stated reasons, the Parties respectfully request that the Court grant their Stipulated Motion, and continue the dispositive motions and pretrial deadlines as follows:

The Parties also request that the Court grant their stipulation to complete the continued deposition of Mr. Shokri and the deposition of Mr. Amoedo—as authorized by the Court's September 29 ruling—by no later than November 3, 2017.

IT IS SO STIPULATED.

HAVING REVIEWED THE PARTIES' STIPULATION, THE EXISTING TRIAL DATE AND PRETRIAL DEADLINES ARE ORDERED TO BE EXTENDED AS FOLLOWS:

The Parties also request that the Court grant their stipulation to complete the continued deposition of Mr. Shokri and the deposition of Mr. Amoedo — as authorized by the Court's September 29 ruling — by no later than November 3, 2017.