STIPULATION FOR EXTENSION OF TIME TO COMPLETE DISCOVERY

(FIRST REQUEST)

PEGGY A. LEEN, Magistrate Judge.

COME NOW, the parties above named, by and through counsel, and move the Honorable Magistrate Judge for an Order continuing Discovery and submit the instant Stipulation in accordance with LR 6-1 and LR 26-4. The parties have conferred and agree that an extension of remaining discovery dates (those remaining dates not expired prior to the stay imposed by the Court) is both necessary and warranted following the Plaintiffs' retention of new counsel after its former counsel, George W. Carter, Esq. and co-counsel, David Lee Phillips, Esq. withdrew and various discovery matters were not completed by Plaintiffs due to the issues previously addressed in open Court on November 2, 2016 and December 4, 2017.

No previous requests or extensions for time in which to complete discovery in this matter have been requested.

An extension of time for discovery is necessary and good cause exists for the extension pursuant to Local Rule 26-4. Pursuant to that Rule, the parties submit the following:

(a) DISCOVERY THAT HAS BEEN COMPLETED

Counsel for the respective parties participated in a discovery planning conference pursuant to Fed.R.Civ.P. 26(f). Lists of witnesses and document productions were thereafter exchanged by and between the parties. A Proposed Discovery Plan was filed on June 22, 2017 and Ordered by the Court on June 26, 2017.

Written discovery to the Plaintiffs has been served and answered, Plaintiffs' depositions have been previously scheduled, but those depositions were stayed by the Court Order. Defendant has disclosed its expert.

(b) DISCOVERY THAT REMAINS TO BE COMPLETED

The parties will be conducting additional factual and expert discovery, including the depositions of Plaintiffs and of the parties affiliated with Defendant State Farm involved in the handling of Plaintiff's claim. Plaintiffs and Defendant have agreed that Plaintiffs may disclose their rebuttal expert as the time to do so had not yet expired when the Stay went into effect and Defendant shall have the right to supplement its expert disclosure, if necessary.

(c) REASONS DISCOVERY WILL NOT BE COMPLETED WITHIN THE TIME LIMITS SET BY THE DISCOVERY PLAN

Due to the withdrawal of Plaintiffs' former counsel and retention of new counsel, it has become necessary to extend the discovery for a period of six months.

(d) PROPOSED SCHEDULE FOR COMPLETING REMAINING DISCOVERY:

The parties hereby stipulate and request that discovery dates in this matter be continued for ninety (180) days.

Any request to extend the dates set forth in this Discovery Plan and Scheduling Order shall be submitted to the Court not later than 21 days before the expiration of the subject deadline sought to be extended.

INITIAL DISCLOSURES AND DISCOVERY

Initial Disclosures have previously been disclosed by both parties. No objections to the Objections to Initial Disclosures were filed. (Fed. R. Civ. P. 26(f)(3)(A)).

The parties anticipate conducting written discovery and depositions on all issues allowed under the Federal Rules of Civil Procedure. (Fed. R. Civ. P. 26(f)(3)(B)).

The parties hereto will submit a stipulated protective order and confidentiality agreement to be filed with the Court prior to the disclosure of Defendant's materials regarding Plaintiff's contractual and extra-contractual claims against Defendant. (Fed. R. Civ. P. 26(f)(3)(D)).

There are currently no issues which parties are aware of regarding discovery of electronically stored information or claims of privilege/protection of trial preparation materials. (Fed. R. Civ. P. 26(f)(3)(C-D)).

There are currently no changes which should be made in the limitations on discovery imposed by the Federal or Local Rules of practice and no additional orders that this Court should issue at this time. (Fed. R. Civ. P. 26(f)(3)(E-F)).

ORDER

IT IS SO ORDERED.