STIPULATION AND APPLICATION FOR ORDER TO MODIFY STATUS (PRETRIAL SCHEDULING) ORDER

EDMUND F. BRENNAN, Magistrate Judge.

TO HON. EDMOND F. BRENNAN, UNITED STATES MAGISTRATE JUDGE ASSIGNED:

The parties to this action, Plaintiff, ESTATE OF CHARLOTTE S. WILSON, by and through the Personal Representative, Ernie Wheale, by and through his counsel of record Black, Chapman, Webber & Stevens, Frederick H. Lundblade, Esq. and Defendant R-RANCH PROPERTY OWNERS' ASSOCIATION, INC., by and through its counsel of record Prout LeVangie LLP, Anna J. Niemann Esq., do stipulate and agree as follows in seeking the Court's order to modify the Status (Pretrial Scheduling) Order executed June 3, 2013 (Dckt. No. 18):

1. The parties submitted joint status reports, in compliance with the Court's requests (Dckt. Nos. 11, 17) in anticipation of, and agreement to, trial in this matter being set by the Court for a date in May-June, 2014.

2. Pursuant to the Court's June 3, 2013 Scheduling Order, the following deadlines are presently imposed in this action:

3. Although the parties' exchange of written discovery has initiated, responses duly provided, and medical records sought and obtained, the parties have not yet been able to coordinate a schedule of depositions of percipient witnesses. This inability to complete deposition discovery is significantly due to the factual and medical complexities of the events giving rise to plaintiff's complaint and the unavoidable delays inherent in identifying and contacting witnesses who are located in various and widely-separated areas in the States of California and Oregon.

4. To meet the court's November 13, 2013 non-expert discovery motion deadline, any such motions must be filed and served by October 23, 2013. These discovery and enforcement cut-off deadlines, arriving nearly one year prior to trial, unduly hampers the parties' ability to complete investigation, imposes a hardship on the parties' ability to schedule depositions of witness or to complete written discovery, and obviates the parties' ability to enforce discovery that may be obtained after October 23, 2013.

5. To correct this situation, and in order to permit the parties sufficient time to complete written and deposition discovery and to file any necessary motions prior to trial, the parties request the Court to modify its prior scheduling order as follows:

a. October 14, 2014 trial date and July 16, 2014 pre-trial conference date to remain unchanged.

b. Deadline for completion of all pre-trial motions, except motions to compel discovery, be set for July 1, 2014.

c. Expert witness discovery be completed by June 16, 2014.

d. Motions to compel expert discovery to be heard by June 1, 2014.

e. Disclosure of trial expert witnesses to be exchanged April 15, 2014.

e. All non-expert discovery to be completed by April 15, 2014.

f. Motions to compel non-expert discovery to be completed by April 1, 2014.

So Ordered.