STIPULATION AND ORDER TO EXTEND NON-EXPERT DISCOVERY DEADLINE FOR CERTAIN DEPOSITIONS AND EXPERT REPORT DEADLINES

NOTE ON MOTION CALENDAR: May 5, 2017.

BARBARA JACOBS ROTHSTEIN, District Judge.

This Joint Stipulation to Extend Non-Expert Discovery Deadline for Certain Depositions and Expert Report Deadlines between Plaintiff Trader Joe's Company ("Trader Joe's" or "Plaintiff"), on the one hand, and Defendant Michael Norman Hallatt d/b/a Pirate Joe's a/k/a Transilvania Trading ("Hallatt" or "Defendant"), on the other hand, is made with respect to the following facts and recitals:

WHEREAS, on December 20, 2016, the Court entered a scheduling order (Dkt. No. 58) setting the Close of Non-Expert Discovery for May 17, 2017, the Initial Expert Disclosure & Report Deadline for June 7, 2017, and the Rebuttal Expert Disclosure & Report Deadline for June 28, 2017;

WHEREAS, the parties have worked closely to complete the deposition process of noticed party and third-party witnesses within the non-expert discovery period, and have completed depositions of 11 party and non-party witnesses;

WHEREAS, due to various scheduling conflicts, the parties have been unable to schedule depositions of five party and non-party witnesses prior to the close of non-expert discovery (May 17, 2017), specifically, the depositions of Defendant Michael Hallatt; Trader Joe's employees Nicole Kendall, Carla Hechler, and Matt Sloan; and third party World Class Distribution, Inc.;

WHEREAS, the parties have conferred and agreed to a schedule for completing the above-noted depositions promptly after the close of non-expert discovery and prior to June 7, 2017;

WHEREAS, to accommodate the schedule for completing the above-noted depositions, the parties have also agreed to extend by two weeks the deadlines for the Initial Expert Disclosure & Report and Rebuttal Expert Disclosure & Report;

WHEREAS, the parties' agreements to complete the above-noted depositions after the close of non-expert discovery and prior to June 7, 2017, and to extend the expert disclosure and report deadlines by two weeks will not alter any other dates in the Court's scheduling order;

WHEREAS, the parties have also agreed that this Joint Stipulation to Extend Non-Expert Discovery Deadline for Certain Depositions and Expert Report Deadlines, and the parties' agreement thereto, may not be used, cited, or relied upon by either party in support of, or in opposition to, any future motion or at trial, including in any discovery motion, Daubert motion, motion in limine, motion for injunctive relief, or motion for other relief.

WHEREAS, in light of the above, the parties believe that good cause exists for entry of the following stipulation;

NOW THEREFORE, by and through the undersigned counsel, the parties stipulate and agree as follows, subject to the Court's approval:

1. Good cause appearing, the depositions of the following witnesses may be completed after the May 17, 2017 Close of Non-Expert Discovery and prior to June 7, 2017: Defendant Michael Hallatt; Trader Joe's employees Nicole Kendall, Carla Hechler, and Matt Sloan; and third party World Class Distribution, Inc. The May 17, 2017 deadline for Close of Non-Expert Discovery is not extended for any purpose other than for completion of the depositions of the above-noted witnesses.

2. The June 7, 2017 Initial Expert Disclosure & Report Deadline is extended by two weeks to June 21, 2017.

3. The June 28, 2017 Rebuttal Expert Disclosure & Report Deadline is extended by two weeks to July 12, 2017.

4. This Joint Stipulation to Extend Non-Expert Discovery Deadline for Certain Depositions and Expert Report Deadlines, and the parties' agreement thereto, may not be used, cited, or relied upon by either party in support of, or in opposition to, any future motion or at trial, including in any discovery motion, Daubert motion, motion in limine, motion for injunctive relief, or motion for other relief.

ORDER

IT IS SO ORDERED.