Filed: Jan. 24, 2014
Latest Update: Jan. 24, 2014
Summary: JOINT STIPULATION AND STAY MOTION TO STAY, AND ORDER AMENDING STATUS ORDER GARLAN E. BURRELL, Jr., Senior District Judge. JOINT STIPULATION AND MOTION TO STAY WHEREAS, on October 23, 2013, the Court issued a Status (Pretrial Scheduling) Order ("Order") setting various case deadlines; WHEREAS, pursuant to that Order, fact discovery is to be completed by July 27, 2014, initial expert witness disclosures are due on or before March 28, 2014, and any contradictory and/or rebuttal expert disclosu
Summary: JOINT STIPULATION AND STAY MOTION TO STAY, AND ORDER AMENDING STATUS ORDER GARLAN E. BURRELL, Jr., Senior District Judge. JOINT STIPULATION AND MOTION TO STAY WHEREAS, on October 23, 2013, the Court issued a Status (Pretrial Scheduling) Order ("Order") setting various case deadlines; WHEREAS, pursuant to that Order, fact discovery is to be completed by July 27, 2014, initial expert witness disclosures are due on or before March 28, 2014, and any contradictory and/or rebuttal expert disclosur..
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JOINT STIPULATION AND STAY MOTION TO STAY, AND ORDER AMENDING STATUS ORDER
GARLAN E. BURRELL, Jr., Senior District Judge.
JOINT STIPULATION AND MOTION TO STAY
WHEREAS, on October 23, 2013, the Court issued a Status (Pretrial Scheduling) Order ("Order") setting various case deadlines;
WHEREAS, pursuant to that Order, fact discovery is to be completed by July 27, 2014, initial expert witness disclosures are due on or before March 28, 2014, and any contradictory and/or rebuttal expert disclosures are due on or before April 28, 2014;
WHEREAS, subsequent to the entry of that Order, the parties have been engaging in meaningful settlement discussions and require a stay and extension of case deadlines to facilitate further settlement discussions and potential resolution of the case;
WHEREAS, this is the first such request for a stay and extension regarding the calendared dates impacted by this Joint Stipulation and Motion; and
WHEREAS, the parties believe this requested stay may be granted without impacting the trial date set in the case to take place on March 31, 2015;
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, SUBJECT TO THE APPROVAL OF THE COURT:
1. The case is hereby stayed in all respects, including discovery and all other currently calendared dates, for a period of 120 days.
2. The parties will notify the Court if a settlement is reached. If the parties do not reach settlement, they will so notify the Court and request a new case schedule setting new deadlines. Should the parties require additional time to complete their negotiations at the end of the 120 days and finalize a settlement agreement, the parties will jointly request that the stay be extended.
Order
In light of the parties' representation that they have been engaging in meaningful settlement discussions and require a stay and extension of case deadlines to facilitate further settlement discussions and potential resolution of the case, rather than staying the action dates in the Scheduling Order filed on October 23, 2013, are changed as follows:
(1) Non-expert discovery shall be completed by January 15, 2015. Expert discovery shall be completed by February 16, 2015;
(2) each party shall comply with Federal Rule of Civil Procedure 26(a)(2)(c)(i)'s initial expert witness disclosure requirements on or before August 16, 2014, and any contradictory and/or rebuttal expert disclosure authorized under Rule 26(a)(2)(c)(ii) on or before September 16, 2014;
(3) the last hearing date for motions is March 16, 2015, commencing 9:00 a.m.;
(4) the final pretrial conference is rescheduled to commence at 2:30 p.m. on May 18, 2015; a joint status report shall be filed fourteen days prior to the hearing; and,
(5) trial commences at 9:00 a.m. on August 25, 2015.
