STIPULATION AND [PROPOSED] ORDER FOR EXTENSION FOR GOOGLE INC. AND KAISER PERMANENTE VENTURES LLC TO MAKE FRCP RULE 26(a)(1) INITIAL DISCLOSURES

WILLIAM B. SHUBB, District Judge.

Pursuant to Federal Rule of Civil Procedure, Rule 26(f) and Local Rule 143, Plaintiff Carolina Casualty Insurance Company, Third Party Plaintiff Oahu Air Conditioning Service, Inc. dba Oahu Air Conditioning Co. ("Oahu"), Defendant Pacific Commercial Services, LLC, and Third Party Defendants Clean Harbors Environmental Services, Inc., Smith Systems Transportation, Inc., Google Inc. ("Google"), Kaiser Permanente Ventures, LLC ("Kaiser"),1 Foothill-De Anza Community College District ("Foothill"), and Test America Laboratories, Inc. ("Test America") (collectively, the "Parties"), by and through their respective counsel of record, hereby stipulate and agree and seek a court order as follows:

RECITALS

WHEREAS the Complaint in this Action was filed on July 8, 2013 and a First Amended Complaint was filed on November 1, 2013;

WHEREAS Oahu filed a Third Party Complaint in the Action on February 25, 2014 which did not name either Kaiser or Google as Third Party Defendants;

WHEREAS the Court conducted a Status (Pretrial Scheduling) Conference on March 31, 2014 and subsequently issued a Status (Pretrial Scheduling) Order on April 3, 2014 (the "April 3 Status Order") [Dkt. No. 47], which set the date for Federal Rule of Civil Procedure 26(a)(1) Initial Disclosures as May 2, 2014, and set the trial date in this Action for January 12, 2016;

WHEREAS the Court subsequently modified the April 3 Status Order on March 18, 2015 [Dkt. No. 121] and, most recently, entered an Order Granting Oahu's Ex Parte Application for an Order Modifying the March 18, 2015 Status (Pretrial Scheduling) Order, and for Continuance of the Trial Date and All Other Deadlines [Dkt. No. 146], and the new trial date is now October 12, 2016;

WHEREAS pursuant to motion by Oahu, the Court entered an order granting Oahu the right to file an amended Third Party Complaint to name additional parties, including Google and Kaiser [Dkt. No. 132];

WHEREAS Oahu filed its First Amended Third Party Complaint on April 28, 2015;

WHEREAS Oahu served Google and Kaiser, respectively, with the First Amended Third Party Complaint on May 13, 2015;

WHEREAS Oahu has stipulated to an extension of time to and including July 1, 2015, within which Google and Kaiser, respectively, may have to plead or otherwise respond to the First Amended Third Party Complaint and said Stipulations were filed with the Court [Dkt. Nos. 144 and 147];

WHEREAS the Federal Rules of Civil Procedure, Rule 26(a)(1)(D) require that parties joined after the Rule 26(f) conference must make their initial disclosures within 30 days after being served or joined, unless a different time is set by stipulation or court order, which would require Google and Kaiser, respectively, to serve their Rule 26(a)(1) disclosures by Friday, June 12, 2015, absent stipulation or order, prior to the due date for their respective responsive pleadings;

WHEREAS the Parties understand and agree that sufficient time should be allowed for Google and Kaiser to investigate the facts, issues, claims, documents and witnesses regarding the alleged July 11, 2011 incident; to review the two years of pleadings already filed in the case and the discovery already undertaken by and between other parties; to undertake other preliminary steps in connection with the defense of the claims against them and to file responsive pleadings, which could include motions to dismiss and/or strike some or all of the claims against each of them in the First Amended Third Party Complaint, and that said efforts should be allowed to be undertaken and said motion(s) should be heard before either party is required to serve Rule 26(a)(1) Initial Disclosures;

WHEREAS Google and Kaiser have requested a 90-day extension of time, to and including September 10, 2015, by which to serve each of their respective Rule 26(a)(1) Initial Disclosures in this Action and the Parties agree that such extension is reasonable and appropriate under the circumstances; and

WHEREAS Google and Kaiser would be prejudiced absent the requested extension, but no other party will be prejudiced if it is granted.

NOW THEREFORE, the Parties, and each of them, enter into the following Stipulation.

STIPULATION

1. The Recitals are hereby incorporated by reference in this Stipulation.

2. The Parties hereby stipulate and agree to an extension of 90 days, to and including September 10, 2015, by which Google and Kaiser, respectively, shall serve their Federal Rule of Civil Procedure Rule 26(a)(1) Initial Disclosures in this Action.

IT IS SO ORDERED.