STIPULATION AND ORDER TO EXTEND SCHEDULING ORDER DEADLINES BY 30 DAYS

(FIFTH REQUEST)

CARL W. HOFFMAN, Magistrate Judge.

Plaintiff David Lucero ("Plaintiff") and Defendant Smith-Palluck Associates Corp., d/b/a Las Vegas Athletic Clubs ("Defendant") (jointly as "the Parties"), by and through their counsel of record, do hereby stipulate to modify the Court's Order, ECF No. 28, to extend discovery and dispositive motion deadlines by 30 days as follows:

(1) The last date to complete discovery from July 6, 2018, to August 6, 2018;

(2) The last date to file dispositive motions from August 6, 2018, to September 6, 2018; and

(3) The last date to file the proposed joint pretrial order from September 5, 2018, to October 5, 2018.

Pursuant to LR 26-4, good cause exists to amend the Scheduling Order. The Parties have diligently pursued discovery. The Parties propounded written discovery on each other and Plaintiff has taken Defendant's Rule 30(b)(6) deposition. Plaintiff's deposition is currently scheduled for June 28, 2018. Plaintiff disclosed an expert and Defendant disclosed its rebuttal expert on May 30, 2018. The Parties are conferring to schedule Defendant's expert's deposition. The Parties are also meeting and conferring about scheduling Plaintiff's expert to conduct an on-site inspection of Defendant's premises.

The Parties are also continuing to meet and confer regarding new evidence of which Plaintiff became aware for the first time at Defendant's deposition on May 22, 2018. Specifically, the Parties are meeting and conferring about prerecorded voice messages that Defendant allegedly used to call Plaintiff. Defendant's deposition transcripts are not yet available and Plaintiff may seek to meet and confer regarding other discovery after the transcripts become available. The Parties will also need to meet and confer about Plaintiff's responses to Defendant's written discovery.

Further good cause exists to amend the Scheduling Order to provide additional time to complete settlement discussions, which are actively ongoing.

Pursuant to LR 26-4(a), the Parties propounded and responded to written discovery requests, noticed each other's' depositions and disclosed experts. Numerous meet and confer discussions have been held between the Parties, resulting in additional disclosures.

Pursuant to LR 26-4(b), the Parties request additional time to complete resolution in connection with outstanding discovery issues, as discussed above, and to complete expert discovery.

Pursuant to LR 26-4(d), the Parties propose the following discovery and dispositive motion schedule:

(1) The last date to complete discovery will be August 6, 2018;

(2) The last date to file dispositive motions will be September 6, 2018; and

(3) The last date to file the proposed joint pretrial order will be October 5, 2018.

For the foregoing reasons, the Parties jointly request that this Court modify its May 1, 2018 Order to provide an additional 30 days to complete discovery, and in the ordinary course, file dispositive motions and the proposed joint pretrial order, as described in the above proposed timeline.

This is the Parties' fifth request for an extension of these deadlines.

ORDER

IT IS HEREBY ORDERED that the Scheduling Order, ECF No 28, is modified to extend the discovery and dispositive motion deadlines as follows:

(1) The last date to complete discovery shall be August 6, 2018;

(2) The last date to file dispositive motions shall be September 6, 2018; and

(3) The last date to file the proposed joint pretrial order shall be October 5, 2018.

IT IS SO ORDERED.