Filed: Jul. 07, 2015
Latest Update: Jul. 07, 2015
Summary: STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES (FIRST REQUEST) CARL W. HOFFMAN , Magistrate Judge . Pursuant to LR 6-1 and LR 26-4, the parties, by and through their respective counsel of record, hereby stipulate and request that this Court extend discovery in the above-captioned case sixty (60) days, up to and including December 3, 2015. In addition, the parties request that the all other deadlines contemplated by the Discovery Plan and Scheduling Order be extended for an additional s
Summary: STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES (FIRST REQUEST) CARL W. HOFFMAN , Magistrate Judge . Pursuant to LR 6-1 and LR 26-4, the parties, by and through their respective counsel of record, hereby stipulate and request that this Court extend discovery in the above-captioned case sixty (60) days, up to and including December 3, 2015. In addition, the parties request that the all other deadlines contemplated by the Discovery Plan and Scheduling Order be extended for an additional si..
More
STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES (FIRST REQUEST)
CARL W. HOFFMAN, Magistrate Judge.
Pursuant to LR 6-1 and LR 26-4, the parties, by and through their respective counsel of record, hereby stipulate and request that this Court extend discovery in the above-captioned case sixty (60) days, up to and including December 3, 2015. In addition, the parties request that the all other deadlines contemplated by the Discovery Plan and Scheduling Order be extended for an additional sixty (60) days as outlined herein. In support of this Stipulation and Request, the parties state as follows:
1. On April 6, 2015, Defendant removed the instant action to Federal Court.
2. On April 13, 2015, Defendant filed its Answer to Complaint.
4. On May 8, 2015, the parties conducted an initial 26(f) conference.
5. On May 13, 2015, the parties prepared and submitted a Stipulated Discovery Plan and Scheduling Order (the "Order") for the Court's approval.
7. On May 13, 2015, Defendant propounded written discovery upon Plaintiff.
6. On May 14, 2015, the Court entered the Stipulated Order.
8. On May 27, 2015, Plaintiff propounded written discovery upon Defendant.
8. On June 2, 2015, Plaintiff filed her First Amended Complaint.
9. On June 5, 2015, Defendant filed its Answer to First Amended Complaint.
10. On June 15, 2015, Plaintiff served responses to Defendant's discovery requests.
11. On June 18, 2015, Defendant served subpoenas on Plaintiff's medical care providers, both post- and pre-loss.
12. On June 30, 2015, Plaintiff requested to take the deposition of Defendant's FRCP 30(b)(6) witness on various topics.
DISCOVERY REMAINING
1. Defendant will respond to written discovery.
2. Defendant will take the deposition of Plaintiff.
3. Plaintiff will take the deposition of Defendant's representatives.
4. The parties will continue to collect Plaintiff's medical and billing records.
5. The parties will disclose expert witnesses.
5. The parties will take the depositions of the designated expert witnesses.
6. The parties will take the depositions of any and all other witnesses garnered through discovery.
This Request for an extension of time is not sought for any improper purpose or other purpose of delay. Rather, it is sought by the parties solely for the purpose of allowing sufficient time to conduct discovery.
WHY REMAINING DISCOVERY HAS NOT BEEN COMPLETED
The parties are currently in settlement discussions. A short delay in the discovery deadlines will allow the parties to more fully evaluate the documents and discovery responses submitted thus far in the case to determine if settlement is possible prior to expending great cost on expert witnesses.
Plaintiff noticed the deposition of Defendant's employee(s), which will produce information that will assist expert witnesses in preparing their reports. Certain of the parties' expert witnesses have limited availability prior to the current deadline to disclose experts, so much that it is not possible for them to timely complete and submit reports pursuant to the Federal Rules. As the pending discovery and collection of records will assist experts for both parties in making their decisions, a short extension of time is appropriate to allow for a more complete expert witness disclosure.
The following is a list of the current discovery deadlines and the parties' proposed extended deadlines.
Scheduled Event Current Deadline Proposed Deadline
Discovery Cut-off October 4, 2015 December 3, 2015
Deadline to Amend Pleadings July 6, 2015 No change
or Add Parties
Interim Status Report August 5, 2015 October 2, 2015, or 62
days before the close of
discovery (the 60th day
falling on a Sunday)
Expert Disclosure pursuant to August 5, 2015 October 2, 2015, or 62
Fed R. Civ. P. 26 (a)(2) days before the close of
discovery (the 60th day
falling on a Sunday)
Rebuttal Expert Disclosure September 4, 2015 November 2, 2015, or 31
pursuant to Fed. R. Civ. P. days after initial expert
26(a)(2) disclosures (the 30th day
falling on a Sunday)
Dispositive Motions November 3, 2015 January 4, 2016, or 32
days after the close of
discovery (the 30th day
falling on a Saturday)
Joint Pretrial Order December 3, 2015 February 3, 2016, or 30
days after the decision of
last Dispositive Motions
This Request for an extension of time is not sought for any improper purpose or other purpose of delay. Rather, it is sought by the parties solely for the purpose of allowing sufficient time to conduct discovery in this case and adequately prepare their respective cases for trial.
This is the First request for extension of time in this matter. The parties respectfully submit that the reasons set forth above constitute compelling reasons for the short extension.
WHEREFORE, the parties respectfully request that this Court extend the discovery period by sixty (60) days from the current deadline of October 4, 2015, up to and including December 3, 2015, and the other discovery dates as outlined in accordance with the table above.
ORDER
IT IS SO ORDERED.
