STIPULATED MOTION AND ORDER RE ADR, STAYING DISCOVERY AND MODIFYING CASE SCHEDULING DEADLINES

J. RICHARD CREATURA, Magistrate Judge.

I. INTRODUCTION

For the good cause described below, the parties jointly seek an order for mediation within 30 days, for a stay of discovery pending completing of the mediation, and extension of certain case scheduling deadlines in this case.

II. STIPULATED MOTION

The parties bring this motion pursuant to Western District Local Civil Rule 16(c) and LCR 16(b)(4). LCR 16(c) provides:

In late March, the Court issued Orders allowing Dentalfone's prior counsel to withdraw and allowing the Ana-Maria Popp and Gary C. Adler (appearing Pro Hac Vice) to substitute as counsel for Dentalfone.

Thereafter, on April 25, 2016, the Court granted the parties' stipulated motion to extend certain case deadlines, in part, in order to allow time for settlement discussions with new counsel. Dkts. at 61, 62. Trial in this matter is November 1, 2016.

Since the entry of this order, the parties have engaged in both discovery and in settlement discussions. Those discussions have resulted in a considerable narrowing of the issues for trial and brought the parties close to a settlement. Although direct negotiations have not yet led to a settlement, the parties' most-recent proposals were not far apart, and a mediation or settlement conference has a significant possibility of finally resolving this matter.

Accordingly, the parties jointly request that the Court order mediation of this matter within 30 days. The parties also request stay of discovery until mediation is concluded, as well as a 30-day extension of the discovery cutoff (currently August 5) and related deadlines in order to conserve resources and allow the parties to focus in the short term on settlement efforts.

Through this Stipulated Motion, the parties seek to modify the following case deadlines:

Accordingly and pursuant to LCR 16(c) and LCR 16(b)(4), the parties respectfully request the court 1) order mediation in this case within 30 days; 2) grant a brief stay of discovery until after completion of mediation; and 3) grant a 30 day extension of the above deadlines to allow the parties to complete mediation.

ORDER

Following a telephone conference with counsel and upon stipulation of the parties, and good cause appearing, the following deadlines are hereby modified to the dates shown below. The parties and the Court have agreed to extend the trial date by one month and trial is now set to begin on Thursday, December 1, 2016.

The Court further orders that the parties shall engage in mediation by no later than July 15, 2016. This matter is referred to the Honorable David W. Christel to conduct a judicial settlement conference with the parties. Counsel for the parties shall schedule the settlement conference directly with the U.S. Magistrate Judge. The Court further grants a stay of discovery in this case until after completion of mediation.