STIPULATION OF THE PARTIES TO MODIFY THE PRETRIAL SCHEDULING ORDER AND EXTEND DISCOVERY DEADLINES; ORDER STIPULATION OF THE PARTIES TO MODIFY THE PRETRIAL SCHEDULING ORDER AND EXTEND DISCOVERY DEADLINES

TROY L NUNLEY, District Judge.

Pursuant to Rules 16(b) (4) and 29 of the Federal Rules of Civil Procedure, Defendants UNION PACIFIC RAILROAD COMPANY and BRIAN L. KLINE and Plaintiff KATIE M. STEFFEN, by and through their attorneys of record, subject to the approval of the Court and good cause present, hereby stipulate to modify the Pretrial Scheduling Order dated July 22, 2015, and extend the time for discovery deadlines previously set in this matter.

The parties submit that there is good cause for the proposed modification of this Court's Pretrial Scheduling order for the following reasons: While this lawsuit revolves around a relatively simple set of facts — a two car collision on I-80 on September 3, 2015 — based upon a review of medical records subpoenaed to date, plaintiff is not currently medically stable and continues to treat with a variety of medical practitioners for myriad injuries, resulting primarily from a head injury (skull fracture). The parties understand that the basic diagnosis is traumatic brain injury, resulting in cognitive disabilities, including memory loss. While the defendants have been diligent in collecting medical records, depositions of the plaintiff and her treaters at this point are premature. Defendants have postponed the depositions for a time when when plaintiff has medically plateaued. While the parties' understanding is that the prognosis is guarded, both sides agree that additional time is warranted to make the depositions meaningful. Both sides desire to avoid duplicative depositions of treaters, as well as the plaintiff.

THEREFORE, THE PARTIES STIPULATE AND AGREE AND RESPECTFULLY REQUEST the following modifications to the scheduling order:

The expert disclosure deadline is currently scheduled for August 25, 2016. The parties request an extension of this deadline to November 28, 2016.

The exchange of lists of rebuttal expert witnesses is currently scheduled for 20 days after August 26, 2016 — or September 14, 2016. The parties request an extension of this deadline to 20 days following the proposed new deadline of November 28, 2016 for expert disclosure-or December 15, 2016.

Counsel was instructed to complete all discovery of expert witnesses in a timely manner in order to comply with the Court's deadline for filing dispositive motions. As a dispositive motion is not appropriate in this case, the parties request an extension of the expert witness discovery completion date for 75 days after the rebuttal disclosure — or February 28, 2017.

All other dates will remain the same as provided for in the July 22, 2015 Pretrial Scheduling Order.

IT IS HEREBY STIPULATED.

IT IS SO ORDERED: