Filed: Aug. 16, 2013
Latest Update: Aug. 16, 2013
Summary: ORDER NANCY J. KOPPE, Magistrate Judge. Pending before the Court is the parties' stipulation to stay this case pending settlement discussions and to extend various discovery deadlines. Docket No. 20. Having reviewed the stipulation, the Court hereby GRANTS it in part and DENIES it in part. First, the parties seek to stay this case until September 30, 2013 while they discuss possible settlement. For good cause shown, the Court GRANTS that aspect of the stipulation. This case is hereby S
Summary: ORDER NANCY J. KOPPE, Magistrate Judge. Pending before the Court is the parties' stipulation to stay this case pending settlement discussions and to extend various discovery deadlines. Docket No. 20. Having reviewed the stipulation, the Court hereby GRANTS it in part and DENIES it in part. First, the parties seek to stay this case until September 30, 2013 while they discuss possible settlement. For good cause shown, the Court GRANTS that aspect of the stipulation. This case is hereby ST..
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ORDER
NANCY J. KOPPE, Magistrate Judge.
Pending before the Court is the parties' stipulation to stay this case pending settlement discussions and to extend various discovery deadlines. Docket No. 20. Having reviewed the stipulation, the Court hereby GRANTS it in part and DENIES it in part.
First, the parties seek to stay this case until September 30, 2013 while they discuss possible settlement. For good cause shown, the Court GRANTS that aspect of the stipulation. This case is hereby STAYED until September 30, 2013. In the event settlement is not reached, the parties shall submit a joint report so indicating, no later than October 4, 2013. In light of this stay, the Court has conferred with United States District Judge Mahan, and the pending motion for summary judgment (Docket No. 19) is hereby DENIED without prejudice. Defendant may renew the motion for summary judgment in the event settlement is not reached.
Second, the parties seek to extend various deadlines set out in the scheduling order. The deadlines sought to be extended include the initial expert deadline currently set at August 15, 2013. The deadline for seeking an extension of the initial expert deadline was 21 days before its expiration. Local Rule 26-4. Because the parties failed to seek an extension of that deadline in a timely manner, the Court will only extend it upon a showing of excusable neglect. Id. The parties have not addressed excusable neglect in the pending stipulation, so the request to extend the deadline is DENIED without prejudice. The parties are ORDERED to file an amended stipulation discussing excusable neglect, no later than August 20, 2013.
IT IS SO ORDERED.