STIPULATION AND ORDER TO CONTINUE DISCOVERY CUTOFF

MORRISON C. ENGLAND, Jr., Chief District Judge.

The parties, by and through their attorneys of record, hereby request a short continuance of the discovery cutoff to allow completion of discovery properly noticed and served so as to comply with the present discovery cutoff of June 28, 2013. The parties request the discovery cutoff be extended to July 12, 2013, an additional 14 days. This extension will not affect or interfere with any other dates scheduled by the Court, such as the deadline for dispositive motions or the trial date. This is the second request made by the parties in this action.

Good cause exists to allow a short continuance of the discovery cutoff. The parties have been diligent in pursuing discovery and have already completed written discovery and taken five depositions. Additional depositions are presently scheduled. The parties are engaged in two discovery disputes concerning production of witnesses for deposition and documents and have been attempting to resolve them informally. Progress has been made and it is possible that the parties may be able to resolve both disputes without court intervention. In that regard, a request has been made to continue Allied's motion set for June 11, 2013, as the parties have compromised relative to the production of documents and production of a witness. Moreover, the parties are trying to avoid a motion to compel Allied's production of 30(b)(6) witnesses for claims and underwriting, as well as underwriting and claim file documents. It is unlikely that the parties will be able to obtain mutually convenient dates to prepare for and take the depositions within the time frame presently set based on the parties meet and confer efforts and, if necessary, motion practice. The parties would like to attempt to resolve this dispute without resorting to law and motion and thus, an additional two weeks would assist in allowing the parties to learn if they can reach an agreement.

For these reasons, the parties respectfully request that the current discovery cutoff of June 28, 2013, be extended to July 12, 2013.

ORDER

GOOD CAUSE APPEARING, it is ordered that the discovery cutoff presently set for June 28, 2013, is moved to July 12, 2013. All other dates established by the Court's Scheduling Order remain in effect.

IT IS SO ORDERED.