STIPULATION TO CONTINUE DISCOVERY DEADLINE AS TO THE DEPOSITION OF GEORGE J. STEPHAN, ESQ.; ORDER

MORRISON C. ENGLAND, Jr., District Judge.

Plaintiff Continental Casualty Company ("Plaintiff"), Defendant St. Paul Surplus Lines Insurance Company ("St. Paul"), by and through their attorneys of record, stipulate as follows:

WHEREAS, on September 10, 2012 this Court ordered that the last day for the parties to complete percipient depositions already noticed by the parties, including the deposition of George J. Stephan, Esq., was October 15, 2012;

WHEREAS, plaintiff CONTINENTAL CASUALTY COMPANY and defendant ST. PAUL SURPLUS LINES INSURANCE COMPANY now desire to continue the parties' last day to depose attorney George J. Stephan, Esq., who has been served with deposition subpoenas by both parties, on the following grounds:

1. Given the continuance of the bench trial in this action, and to avoid undue burden on Stephan, who has a busy litigation schedule of his own, counsel for both parties agree that the deadline to take Stephan's deposition should be extended to give the parties an opportunity to discuss and determine whether the testimony of Stephan will be required in this case.

2. This would be the third continuance of this deadline in this matter.

NOW, THEREFORE, by and through their undersigned counsel of record, plaintiff CONTINENTAL CASUALTY and defendant ST. PAUL SURPLUS LINES INSURANCE COMPANY hereby stipulate to the following:

The last day for the parties to complete the percipient witness deposition previously noticed pursuant to subpoena by both parties of George J. Stephan, Esq., is continued to such later date as the parties and Stephan may agree, but no later than November 16, 2012.

IT IS SO ORDERED.