STIPULATION, DECLARATION OF AMY R. LOVEGREN-TIPTON TO MODIFY THE SCHEDULING ORDER TO EXTEND DEADLINES AND DATES

ERICA P. GROSJEAN, Magistrate Judge.

Plaintiff Reginald Maduako and Horizon Health and Subacute, LLC dba Horizon Health and Subacute Center, through their respective counsel, respectfully request the Court modify its pretrial scheduling order (ECF No. 15) to extend the discovery and expert witness disclosure deadlines. Good cause exists to extend such the discovery and expert witness disclosure deadlines.

1. The Parties request the Court extend the following deadlines for non-expert and expert discovery, dispositive motions, Pretrial Conference, and Trial:

2. The Parties further request that the Early Settlement Conference be rescheduled to June 20, 2017. The current conference date is March 30, 2017.

3. The parties have exchanged written discovery, including completion of initial disclosures. Plaintiff's deposition has been taken, but not completed.

4. Plaintiff's counsel has recently determined it necessary to file a motion to substitute out as counsel for Plaintiff. This has delayed Defendant's ability to complete Plaintiff's deposition, and also necessitates the rescheduling of the Early Settlement Conference.

5. This is the Parties' first request to modify the Scheduling Order.

6. Therefore, pursuant to the Court's scheduling order (ECF No. 15) and Local Rule 143, the Parties herby submit this stipulation for modification of the pretrial scheduling order (ECF No. 15).

DECLARATION OF AMY R. LOVEGREN-TIPTON

I, Amy R. Lovegren-Tipton, declare as follows:

1. I am an attorney at law, duly licensed to practice in the State of California, and I am with the law firm of Law Office of Amy R. Lovegren-Tipton, APLC. I am counsel of record for Plaintiff Reginald Maduako in the above-captioned matter. The following is based on my personal knowledge, and if called upon to do so, I could and would competently testify thereto.

2. I submit this declaration in accordance with the Court's Scheduling Order (ECF No. 15), which states that stipulations to continue the dates in the Scheduling Order should be accompanied by affidavits or declarations.

3. I will be filing a motion to withdraw as counsel for Plaintiff. This in turn has delayed the completion of discovery in this matter and also necessitates the need to reschedule the discovery cutoff deadlines, early settlement conference, pretrial conference, and trial dates.

4. Extending the non-expert and expert discovery cut-off dates and hearing dates will give the Parties more time to complete discovery.

5. This is the Parties' first request to modify the Scheduling Order.

I declare under penalty of perjury under the laws of the United States of America and the State of California that the foregoing is true and correct, and this declaration was executed on March 24, 2017 in Fresno, California.

ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED.

The Scheduling Order (ECF No. 15) is modified to extend the deadlines for all discovery, expert witness disclosures, and dispositive motion filing as follows:

The Court continues the Settlement Conference for March 30, 2017 (ECF No. 17) until June 20, 2017 at 1:00 PM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean.

IT IS SO ORDERED.