JOINT STIPULATION AND ORDER EXTENDING TIME TO COMPLETE DEPOSITIONS

JOHN A. MENDEZ, District Judge.

GLORIA VALERIO ("Plaintiff") and COMPASS BANK ("Defendant") (collectively, "the Parties"), by and through their undersigned counsel, hereby stipulate and agree as follows:

WHEREAS, on July 18, 2016, Plaintiff served her Expert Witness Disclosure Statement, which identified eight experts (one economist and seven treating physicians);

WHEREAS, the Parties are currently meeting and conferring on multiple depositions, including expert depositions, that must be completed prior to trial;

WHEREAS, Defendant's ability to depose Plaintiff's experts was impacted by a trial Plaintiff's counsel had in September 2016, and by a trial Defendant's counsel had in October 2016;

WHEREAS, the Court previously set the Discovery Cutoff in this matter for October 28, 2016 (Doc. 45);

WHEREAS, Plaintiff's economic expert and some of Plaintiff's treating physicians are not available for deposition before October 28, 2016;

WHEREAS, one of Defendant's out-of-state witnesses is not available for deposition before October 28, 2016;

WHEREAS, the Parties are working together to minimize costs and the disruption to non-litigant deponents, particularly by seeking to avoid any motion compelling them to depositions;

WHEREAS, the Parties have worked together diligently to resolve these scheduling issues and, despite these best efforts, have not been able to complete all depositions before the discovery cutoff;

WHEREAS, the Parties agree that prejudice will occur to the other party should they be unable to complete their respective depositions;

WHEREAS, the witnesses referenced above that Plaintiff still needs to depose are Diana Smith, Matthew Farmer, and two third-party witnesses (Diana Demidzic, and Sue Veach; both of whom are not under Defendant's control);

WHEREAS, the witnesses referenced above that Defendant still needs to depose are Plaintiff's economic expert (Craig Enos, CPA), three of Plaintiff's treating physicians (Syed M. Munir, M.D., Jose R. Sanchez, and M.D., Zachary Phillip Soucy, M.D.), and two third-party witnesses (Diana Masten, R.N., and Florentino Martinez);

WHEREAS, all of Defendant's depositions are noticed for dates in October 2016, except for Dr. Soucy, who is not available until November 2016;

WHEREAS, Defendant is concerned from past experience that the already-scheduled treating physicians, expert, and witness nurses (despite being served with deposition subpoenas and/or agreeing to the deposition dates) may adjust their schedules such that their depositions cannot take place until November 2016 or that opposing counsel may have scheduling conflicts;

WHEREAS, the Parties wish to complete the foregoing depositions without being in violation of the Court's Scheduling Order dated December 17, 2015 (Doc. 45);

THE PARTIES THEREFORE STIPULATE AND AGREE, THROUGH THEIR RESPECTIVE COUNSEL, THAT THE DEPOSITIONS OF MATTHEW FARMER, DIANA DEMIDZIC, AND ZACKARY PHILLIP SOUCY, M.D. SHALL BE COMPLETED NO LATER THAN DECEMBER 31, 2016. THE PARTIES FURTHER STIPULATE THAT THE DEPOSITION OF SUE VEACH SHALL BE COMPLETED BY DECEMBER 31, 2016, ON THE CONDITION THAT SHE IS LAWFULLY SERVED WITH PROPER NOTICE BEFORE DECEMBER 31, 2016.

SHOULD ANY DEPONENT REFERENCED IN THIS STIPULATION REPRESENT THAT HE OR SHE IS NOT AVAILABLE ON THE DEPOSITION DATE ALREADY NOTICED AND/OR AGREED UPON, THE PARTIES AGREE TO MEET AND CONFER IN GOOD FAITH AND TO FULLY COOPERATE TO RESCHEDULE ANY SUCH DEPOSITION SO THAT IT SHALL BE COMPLETED NO LATER THAN DECEMBER 31, 2016.

ORDER

Based upon the foregoing stipulation of the Parties, and good cause appearing therefor, IT IS HEREBY ORDERED AS FOLLOWS: