STIPULATION TO EXTEND TIME FOR DEFENDANTS TO COMPLETE THE DEPOSITION OF PLAINTIFF; PROPOSED ORDER

ALLISON CLAIRE, Magistrate Judge.

The parties request a five-day extension of time to take the deposition of Plaintiff on or before February 19, 2016. On December 18, 2015, the parties submitted a stipulation for an extension of time to complete the depositions of the parties, as the pleadings were not finalized until September 2015, and counsel for both parties were preparing for trial and/or in trial. (ECF No. 74.) The Court issued an Order on December 23, 2016, granting the stipulation that discovery be re-opened for the purpose of deposing the parties only to be completed by February 12, 2016. (ECF No. 75.)

Counsel for Defendants had a trial scheduled in the Eastern District on January 25, 2016. That trial date was vacated on January 12, 2016, and set for a settlement conference on February 4, 2016.

Once the January 25, 2016 trial date was vacated, counsel started discussions to set the depositions of the two Defendants and Plaintiff. During those discussions, on January 26, 2016, counsel for Defendants had to travel out-of-state for a funeral of a family member, and will not be back in the office until February 1, 2016. However, Defendants' counsel has had her office contact with Plaintiff's counsel to continue to obtain available dates for the depositions. Agreement was made for Defendants' depositions to be taken on February 5, 2016, at Plaintiff's counsel's office in Oakland. Plaintiff is currently incarcerated at RJD Correctional Facility in San Diego. Counsel for both parties will need to travel to San Diego to take the deposition of Plaintiff. Communication between our offices has been consistent in attempts to obtain a conveniently available date for Plaintiff's deposition. Plaintiff's counsel is not available the week of February 8, 2016, except for February 10, 2016. Defendants' counsel is available all week of February 8, 2016, except for February 10, 2016, as she has a hearing at 10:00 a.m. in the Fresno District Court, with appearance required. Plaintiff's counsel has advised he is available on February 17, 2016. Contact has been made with the litigation coordinator at RJD, who confirmed that the deposition can be taken on February 17, 2016.

STIPULATION

Under Local Rule 144 and Fed. Rule Civ. P. 6, the parties, by and through their respective attorneys of record, hereby stipulate that the time for Defendants to take the deposition of Plaintiff be extended to February 19, 2016.

SO STIPULATED.

IT IS SO ORDERED.