JOINT STIPULATION TO CONTINUE DISCOVERY CUT-OFF AND RELATED DEADLINES; ORDER

MORRISON C. ENGLAND, JR., District Judge.

TO THE HONORABLE COURT:

Plaintiff, Woodland Tractor and Equipment Co., Inc., and Defendant, CNH Industrial America, LLC, by and through their respective counsel of record, hereby join in requesting that the Court adjust the Pretrial Scheduling Order by continuing the discovery cut-off for both expert and non-expert discovery, as well as the Motion Hearing Schedule in order to allow the parties to complete necessary discovery and participate in a meaningful mediation.

This request is based upon the following stipulation and statement of counsel:

1. Pursuant to the Court's Order [Dkt. # 24], all non-expert discovery is to be completed by September 29, 2017.

2. Pursuant to the Court's Order [Dkt. # 24], expert witness disclosures are to be made by October 20, 2017.

3. Pursuant to the Court's Order [Dkt. # 24], the last day to hear dispositive motions is January 15, 2017.

4. Counsel for Plaintiff and Defendant have diligently and professionally worked together to timely complete discovery. In addition to initial disclosures, the parties have exchanged multiple sets of written discovery and requests for responsive documents, which was necessary before commencing depositions. The parties currently are engaged in respective meet and confer efforts for recent written discovery each has propounded on the other party.

5. To date, the parties have completed the following depositions:

6. The parties have scheduled private mediation for February 13, 2018 in hopes of resolving this matter prior to trial.

7. The parties are also finalizing schedules for depositions of multiple 30(b)(6) witnesses and four additional third-party witnesses in the event the case does not resolve at the February 2018 mediation. Additionally, the parties are currently waiting for one witness (a former employee of Plaintiff) to recover from certain health conditions that to date have made him unavailable for deposition.

8. Further, the parties have exchanged additional written discovery based upon the testimony of the above-noted deponents. The parties have met and conferred, and continue to work together to complete this outstanding discovery.

9. In light of the foregoing, both parties acknowledge and request that the non-expert discovery cut-off to be continued to complete all outstanding discovery. Both parties also acknowledge that the expert disclosure deadline and dispositive motion deadlines have been correspondingly impacted. In order for the parties to make complete expert disclosures and prepare fully supported dispositive motions, the completion of all non-expert discovery must be done first.

10. As the parties have been cooperating to complete discovery as efficiently as possible, have agreed to complete the outstanding depositions and potential additional discovery as soon as reasonably possible in the event mediation is unsuccessful, have agreed that the completion of non-expert discovery is necessary before completion of expert disclosures and dispositive motions, and will participate in private mediation in February 2018, the parties request continuance of the non-expert discovery completion deadline, expert disclosure deadline, and last day for hearing dispositive motions (including the related Motion Hearing Schedule).

11. Accordingly, good cause exists to continue the non-expert discovery deadline and the parties jointly request that the Court further amend the AMENDED PRETRIAL SCHEDULING ORDER as follows:

ORDER

Upon reviewing the parties Joint Stipulation to Continue the Discovery Cut-Off and Related Deadlines, and the Court finding good cause to modify its August 23, 2017 Order, the Court Orders as follows:

The current expert disclosure deadline of October 20, 2017, is hereby continued to June 29, 2018.

The last day to hear dispositive motions of January 15, 2018 and the accompanying Motion Hearing Schedule is hereby continued to September 21, 2018.

IT IS SO ORDERED.